Loading...
HomeMy WebLinkAbout1998-10 Amending Title 12 - Zoning Regulations, Chapter 11, Design Review, Section 12-11-5: Design Guidelines: Adding a Provision Allowing Legal Nonconforming Single Family, Two Family, and Primary/Secondary Residential to be Expanded by 500 Sq Ft. • ORDINANCE NO. 10 Series of 1998 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, CHAPTER 11, DESIGN REVIEW, SECTION 12-11-5: DESIGN GUIDELINES; ADDING A PROVISION ALLOWING LEGAL NONCONFORMING SINGLE-FAMILY, TWO-FAMILY, AND PRIMARY/SECONDARY RESIDENTIAL DWELLING UNITS TO BE EXPANDED BY 500 SQ. FT. OR LESS WITHOUT REQUIRING STRUCTURES AND SITES TO BE FULLY COMPLIANT WITH THE DES{GN GUIDELINES; AND AMENDING CHAPTER 16, CONDITIONAL USE PERMITS, AND CREATING A NEW SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS. WHEREAS, the Town Council desires to allow homeowners the ability to construct small additions to dwelling units without overburdening owners with costs associated with bringing legal nonconformities into compliance with existing design guidelines; and WHEREAS, the Town Council believes reorganizing certain sections of the Zoning Regulations will make them easier to read and use; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment to the Vaif Municipal Code at its June 22, 1998 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Chapter and Sections of the Municipal Code. NOW, THI=REFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12, Chapter 11, Design Review, subsection 12-11-3 is hereby amended to add the following paragraph: C. Nonconforming sites and structures; Effect of Design Guidelines: Buildings and sites which are not in conformance with the Design Guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the Design Guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), commercial floor area, or garage area credit is added to any existing structure or site. From the effective date of this ordinance (July 21, 1998), there shall be permitted aone-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of 500 sq. ft. or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform with the Design Guidelines. The addition itself, however, shall conform with the Design Guidelines. An expansion which is greater than 500 sq. ft., or any subsequent expansion to a structure, regardless of size, shah require full compliance of the dwelling unit with ~~.c vw~yi ~ vuiuvui yea. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the Design Review Board, pursuant to the Design Guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. Ordinance No. 10 ,Series of 1998 r ~ ~ ~ Expansions made pursuant to Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), shall require full compliance of the entire dwelling unit with the Design Guidelines. Interior conversion additions pursuant to Section 12-15-4, Interior Conversions, shall not trigger the requirement for upgrading sites and structures to fully comply with the Design Guidelines, unless it can be classified as a demo/rebuild, pursuant to Section 12-2-2 of this Title. ~ Section 2. Major arcade, et al, listed in Title 12, Chapter 7, Sections 12-76-2(C) and 12-7E-4 of the Municipal Code shall be deleted and replaced with: Major arcade. Section 3. Barber shops, et al, listed in Title 12, Chapter 7, Section 12-76-3(C) of the Municipal Code shall be deleted and replaced with: Barber shops, beauty shops, and beauty parlors. Section 4. Bakeries and confectioneries, et al, listed in Title 12, Chapter 7, Sections 12-7B-2(B)(1), 12-7B-2(B)(3), 12-7B-3(B)(1), 12-7B-4(A)(6), 12-7B-4(A)(7),12-7B-5(B)(1) and 12-7B-5(B)(2) of the Municipal Code shall be deleted and replaced with: Bakeries and confectioneries. Section 5. Brew Pubs, et al, listed in Title 12, Chapter 7, Sections 12-7C-4, 12-7D-2, 12-7E-4, 12-7F-4(A), and 12-7F-4(B) of the Municipal Code shall be deleted and replaced with: Brew pubs. Section 6. Commercial storage, et al, listed in Title 12, Chapter 7, Sections 12-7C-4 and 12-7D-2 of the Municipal Code shall be deleted and replaced with: Commercial storage. Section 7. Television stations, et al, listed in Title 12, Chapter 7, Section 12-7C-4 of the Municipal Code shall be deleted and replaced with: Television stations. Section 8. Transportation businesses, et al, listed in Title 12, Chapter 7, Sections 12- 7D-2, 12-7F-4(A), and 12-7G-3 of the Municipal Code shall be deleted and replaced with: Transportation businesses. Section 9. Title 12, Chapter 16, Conditional Use Permits, subsection 12-16-6(A)(7) is hereby deleted in its entirety. Section 10. Title 12, Chapter 16, Conditional Use Permits, Sections 12-16-7 and 12- 16-8 are hereby renumber as 12-16-8 and 12-16-9, respectively. Section 11, Title 12, Chapter 16, Conditional Use Permits, Section 12-16-7 is hereby added to read as follows: 12-16-7: Use Specific Criteria and Standards: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12-16- 6. Uses and Criteria: Bakeries and confectioneries The use shall be restricted to preparation of products specifically for sale on the premises. Barber shops, beauty shops and beauty parlors No exterior frontage on any public way, street, walkway, or mall area is permitted. Brew pubs a. There shall be no exterior storage of supplies, refuse, or materials on the property upon wn-cn me nrew pun is operated. b. The operator of the brew pub shall comply with the Town's loading and delivery regulations as set forth in this Title. c. Brew pubs which sell beer or ale at wholesale or which sell beer for off-site consumption are allowed so long as the total of wholesale sales and sales for off- site consumption do not exceed forty five percent (45%) of the product manufactured by the brew pub on an annual basis. Ordinance No. 10 ,Series of 1998 2 . • Commercial storage No exterior frontage on any public way, street, walkway, or mall area is permitted. Convenience food stores a. Maximum store size shall be 8,000 sq. ft. b. No more than thirty three percent (33%) of the gross building area of the entire structure on-site. Major arcade - a. No exterior frontage on any public way, street, walkway, or mall area is permitted. b. Amusement devices shall not be visible or audible from any public way, street, walkway, or mall area. Television stations a. The production room/studio shall be visible from the street or pedestrian mall. b. The television station shall be "cable-cast" only, requiring no additional antennas. Time-share estate, fractional fee, fractional fee club, or time-share license proposal: Prior to the approval of a conditional use permit for atime-share estate, fractional fee, fractional fee club, or time-share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development,•it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock-off units and lock-off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. e. The applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. Transportation businesses a. All vehicles shall be parked upon approved parking areas. h ~~~ ~inhinhn ..h..ll L.n ....L..... ...L.1.. r•-;--•--_ _ _~ r yr- • •... _• ..,..,,,, ,,..~,, v .n~+vyuG\~I~/ wi cci icu i I vl ~ Y i:JUUllli I lyl Il$ UI way and aQ~acent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the deleterious effects of vehicle storage. c. The number, size and location of vehicles permitted to be stored shall be determined by the Planning and Environmental Commission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses. Ordinance No. 10 ,Series of 1998 3 ~- ~' • • d. Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on-site. Section 12. 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 13. 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 14. The amendment of any provision of the Vail Municipal 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 15. 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 Juty, 1998, and a public .~-. hearing for second reading of this Ordinance set for the 21st day of July, 1998, in the Council Chambers of the Vail Municipal Building, Vail, rado. Robert E. Ford, Mayor Attest: •~~;~'~LLF ~. LoreleilDonaldson, Town Clerk `;: z ~: ~ A L 4i..,.. LG~.P ..a~` READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21st day of July, 1998. Attest: i J ~ G yl~-CCC~ `-Corel~i Donaldson, Town Clerk Ordinance No. 10 ,Series of 1998 ~_~_ .. i ~livcl L c. rUl u, IVIdyUI .:,~,~~unm+nm-nmi,,,~~, ~.n~OF~,~ . . a~3.