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HomeMy WebLinkAbout2016-04 Amending Title 12, Zonig Regulations pursuant to Section 12-3-7, 12-6c-8 and 12-6D-8 to provide an exception to the minimum lot size for properties in the two-family residential and the two-fmail primary/secondary residentional districtsORDINANCE NO. 4 Series of 2016 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTIONS 12- 6C-8 AND 12-6D-8, TO PROVIDE AN EXCEPTION TO THE MINIMUM LOT SIZE FOR PROPERTIES IN THE TWO-FAMILY RESIDENTIAL (R) AND THE TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO.. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendment on February 8, 2016 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its February 8, 2016 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council 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; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose The purpose of this ordinance is amend Title 12, Sections 12-6C-8 and 12-6D-8, to Ordinance No. 4, Series 2016 -1- provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements. Language added is shown in bold. Section 2. Section 12-6C-8: DENSITY CONTROL, Vail Town Code, is hereby amended as follows: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units. 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. Section 3. Section 12-6D-8: DENSITY CONTROL, Vail Town Code, is hereby amended as follows: Ordinance No. 4, Series 2016 -2- A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14, 000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units, 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. 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 affect the validity of the remaining portions of this ordinance; and the 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 5. The 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. Ordinance No. 4, Series 2016 -3- INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of March, 2016 and a public hearing for second reading of this Ordinance set for the 15th day of March, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. '&CL ave Chapin, May OF•V� SEA ATTEST: '••....•••' O cOLORPO Patt c enny, T Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of March, 2016. ATTEST PattyMcK�nny, TgWn�Clerk Ordinance No. 4, Series 2016 -4-