HomeMy WebLinkAbout2014-08 For Prescribed Regulation Amendments to Section 12-3-7 to Amend Section 12-2-2: Definitions of Words and Terms Pertaining to Commercial Ski Storage and the Delineation of Different Floors or Levels Within a StructureORDINANCE NO. 8
SERIES OF 2014
AN ORDINANCE!, FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12- 3 -7,1; AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12 -2 -2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE
AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE,
AND TO AMEND' ARTICLES 12 -713, 12 -7H, 12 -71 AND 12 -8E REPLACING THE TERM
"COMMERCIAL SAKI STORAGE" WITH "COMMERCIAL SKI STORAGE /SKI CLUB ", 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 h me rule charter (the "Charter");
WHEREAS
the members of the Town Council of the Town (the "Council ") have been
duly elected and q
u alified;
WHEREAS
Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures
for amending the I
own's Zoning Regulations;
WHEREAS
the existing term "Commercial Ski Storage" no longer accurately
encompasses the
ypes and operational characteristics of this use;
WHEREAS
it is necessary to define a new term, "Commercial Ski Storage /Ski Club"
that will accurately
define the range of operations included in this use;
WHEREAS
it is necessary to replace "Commercial Ski Storage" with "Commercial Ski
Storage /Ski Club"
n those zone districts where it is an allowable use;
WHEREAS
the delineation of a structure into levels or floors is essential for the
application of horizontal
zoning;
WHEREAS the Town Council is committed to clarifying how a determination of floor
level is made whil maintaining the success of existing and future businesses within the
Town of Vail;
WHEREAS it is not the intent of this ordinance to create non - conforming uses as a
result of the clarifi ations to the definitions of floor levels;
WHEREAS the Community Development Department is committed to making the
Town Code easily understood;
WHERAS, from time to time is it necessary and prudent to update the Town Code;
WHEREAS) on February 24, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
amendment;
Ordinance No. 8, Series 2014
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. ection 12 -2 -2, Definitions, Vail Town Code, shall be amended as follows
(text to be deleted is in , text that is to be added is bold, and sections of text that
are not amended have been omitted):
BASEMENT OR
ARDEN LEVEL: For the purposes of implementing horizontal zoning Within
basement or garden level shall be any floor, or portion of any floor, of a
structure located
below the first floor or street level of that structure, as
determined by the
administrator. More than one floor, or portions of a floor or floors, may be
defined as basem
nt or garden level within a single structure. For the purposes of
determining floor
level, the following factors may be considered; site topography,
location of building
entrances and facades relative to the adjacent vehicular or
pedestrian ways,
interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships
to other floors in the structure.
COMMERCIAL S I STORAGE /SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to the
public or membe s, operated by a business, club or government organization, and
where a fee is ch rged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but do s not require, the following components:
•
Personal lockers • Restrooms and /or shower
•
Boot dryers facilities
• Ski storage racks • Non - winter activities
• Skituning 0 Concierge ski services
• Foo and beverage service Retail sales
• Area for congregation 0 Business Center
and /or socializing
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage /ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
�e " ' , first floor or street level shall be any floor, or portion of any floor,
of a structure located at or nearest to (either above or below) the level of the adjacent
vehicular or pedestrian way, as determined by the administrator. More than one floor, or
portions of a floor or floors, may be defined as first floor or street level within a single
Ordinance No. 8, Series 2014
-2-
structure. For the
considered; site
adjacent vehicul
vehicular or Ded
Section 2. Sectior
(CC1 District) Vail
text
been omitted):
A. Permitted Uses:
a structure:
2. Personal
irposes of determining floor level, the following factors may be
pography, location of building entrances and facades relative to the
or pedestrian ways, interior building layout, proximity to adjacent
trian ways and relationships to other floors in the structure.
12 -7B -2, Permitted and Conditional Uses; Basement or Garden Level,
town Code, shall be amended as follows (text to be deleted is in
hat is to be added is bold, and sections of text that are not amended have
The following uses shall be permitted in basement or garden levels within
rvices and repair shops, including the following:
Beauty and barber shops.
Commercial Ski Storage /Ski Club
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
Section 3. Sectio 12 -7H -2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU -1 District) Vail Town Code, shall be amended as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended have
been omitted):
A. Permitted Uses The following uses shall be permitted in basement or garden levels within
a structure:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage /Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Ordinance No. 8, Series 204
-2-
Personal servi es and repair shops.
Professional o ices, business offices and studios.
Public or private lockers and storage.
Recreation faci
Retail establ
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this subsection, in
accordance with the provisions of section 12 -3 -4 of this title.
Section 4. Section 12 -71 -2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU -2 District) Vail Town Code, shall be amended as follows (text to be deleted is in
str+kethmuo, text that is to be added is bold, and sections of text that are not amended have
been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a str cture:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage /Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Personalservices and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketig, ski school and skier services.
Ordinance No. 8, Series 20 4
-3-
Travel and ticket
agencies.
Additional uses
determined to be similar to permitted uses described in this
subsection,
in accordance with the provisions of section 12 -3 -4 of this title.
Section 5. Sectio
12 -8E -2, Permitted Uses; (SBR2 District) Vail Town Code, shall be
amended as follows
(text to be deleted is in StFikethFeugI4, text that is to be added is bold,
and sections of to )t
that are not amended have been omitted):
The following use
shall be permitted within the ski base /recreation 2 district:
Eating and drinking
establishments including the following:
Bakeries and
delicatessens with food service, restricted to preparation of products
specifically
for sale on the premises.
Cocktail lou
iges and bars.
Coffee shop.
Fountains and
sandwich shops.
Restaurants.
Employee housing
units, as further regulated by chapter 13 of this title.
Lodges.
Private or public o
street loading facilities.
Private or public off
street vehicle parking structures.
Public parks and outdoor
recreation facilities.
Residential uses including
the following:
Accommodation
units.
Multi- family
residential dwelling units.
Single-family
residential dwelling units.
Two - family
sidential dwelling units.
Ski base oriented
7ses including the following:
Ordinance No. 8, Series 2014
-4-
Commercial Ski Storage /Ski Club on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts andltows.
Ski patrol facilities.
Ski racing facilities.
Ski school facilities.
Ski trails.
Skier and g est services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms, information /activity
desk.
Snowmakin facilities.
Special community events, including, but not limited to, ski races, festivals, concerts,
and recreational, cultural and educational programs and associated
im prove me is /facilities, subject to the issuance of a special events license.
Section 6. ursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the
evidence and testi ony presented in consideration of this ordinance, the Vail Town Council
finds and determin s the follows:
a. The amen ments are consistent with the applicable elements of the adopted goals,
objectives and poll ies 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 amen ments 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
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordin nce is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 7.
ordinance is neo
Ordinance No. 8. Series:
The Town Council hereby finds, determines and declares that this
ary and proper for the health, safety and welfare of the Town of Vail and
-5-
the inhabitants thei
Section 8.
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 9.
The amendment of any provision of the Town Code as provided in this
ordinance shall no
affect any right which has accrued, any duty imposed, any violation that
occurred prior tot
a 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 10.
inconsistent herev
shall not be consti
theretofore repeal
INTRODU
PUBLISHED ON
hearing for secor
Chambers of the
ATTEST:
ages,
All bylaws, orders, resolutions and ordinances, or parts thereof,
i are repealed to the extent only of such inconsistency. This repealer
,d to revise any bylaw, order, resolution or ordinance, or part thereof,
ED, READ ON FIRST READING, APPROVED, AND ORDERED
IN FULL ON FIRST READING this 18th day of March, 2014, and a public
reading of this Ordinance set for the 1St day of April, 2014, in the Council
ail Municipal Building, Vail, Colorado
Town
. �. Andrew P. Da
SE
• L•
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 1sth day of I, 2014, in the Council Chambers
of the Vail Munich
ATTEST:
T mmy el, Act
Ordin , Series 20'
>al Building, Vail Colorado.
Andrew P. D , Mayor
N Q,c L
ng wn rk;
SEAL
4 •� •'
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