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Home My WebLink About2002-29 Amending Section 12-8B-3 Conditional Uses, to Allow for "Public Utility and Public Service Uses" as Conditional Use in the Outdoor Recreation Zone District~ . • ORDINANCE NO. 29 Series of 2002 AN ORDINANCE AMENDING SECTION 92-8B~3 (CONDITIONAL USES}, VAIL TOWN CODE, TO ALLOW FOR "PUBLIC UTILITY AND PUBLIC SERVICE USES" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vai[ has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vai! Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious developr'nent 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. Ordinance No. 29, Series of 2002 • • • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended with the addition of the fallowing as a permitted conditional use in the Outdoor Recreation zone district: Public utility and public service uses Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended with the addition of the following definition: PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this Title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public .services shall include but not be limited to distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, stormwater, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this Title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards or business offices. Section 3. 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 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. Ordinance No. 29, Series of 2002 2 ~ . • Section 5. 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 6. 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. 29, Series of 20Q2 ~ . • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15'" day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5t" day of November, 2002, in the Council Chambers of the Vail Municipal Building, "~~ ~~ Vim! ~~ ATTEST: ~~~ORa~ oral@~onaidson, Town Clerk Vail, Colorado. ti-. ' Ludwig Kurz, ayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5t" day of November, 2002. V,N ®~ ~~ ~~~ ATTEST: ~` , :_ ~~ relei onaldson, Town Clerk ~~ _ Ludwig Kurz,~Dllayor Ordinance No. 29, Series of 2002 4, ORDINANCE N S Series of ~rp-~ . pN ORDINANCE AMENDlN EON t2-SB•3 (CONDITIONAL USES), VAIL WN CBDE, to 'ALLOW' FOR "PUBLIC UTILITY AND PUBLIC N O ~ ~ ~ SERVICE USES" AS A CONDITIONAL USE IN S E O T REGARD N G'1'AILS pND SETT NG FORTH D THERETO.' _ - . WHEREAS, the Pkannin8 and Erwironmenfal Com- has held pukilic hear- n of Vail T h PROOF OF PUBLICATION . ow e mission of t ings on the proposed amendments. fn accordance sions of-the Town Cods of the'Town v STATE OF COLORADO i with the-pro wHEREAS, the Planning and Environmental Com- oposed amendments fur- ht ; pr missivn.fknds that t that the development objectives of. file 'Town of .S.S. Vail; and wHEREAS, the Planning and Environmental Cogs- mission of 1heTown of Vai4 has recommended ap- COtJNTY OF EAGLE proval of this text amendment at its October 10., 2002, meeting, and has submitted its.-recgmmen- tion to the Town Council;:and _ d a The 'town Qounci!-has .determined WHEREAS ' , tc- that the proFibition of public"utilities and publ service`uses within the Outdoor-Recreation zone district within IheTawn vi Vail poses-a risk to the ' - public liealth;~safeiy, and welfare; and th& Vatl Towm..C9unctl considers it in WHEfaEAS I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- , theinterest of the pubkc health safety, and wefare-l tp ad4Qt.these am$h~n»~ie -,te to the Town Code:. per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a tedl ti l d ninterr bli h d id h b NOW."THEREFORE, 8l=kT ORDAfftdED BY..THE CoL- THE TOWN OF VAiL y nuous y an u up een pu s e con newspaper as general circulation therein; that sa , TOwN COUNCIL OF in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first ; pR,o,pp,THAT: - ' publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the ; Vail Town Sectioii 12•BB~ of the seotkon 1 United States mails as a eriodical under the rovisions of the Act of March 3, 1879, or an amend- p p y . . _ Code shafthereby be amehded as follows: menls thereof, and that said newspaper is a daily newspaper duly quoit#ied for publishing legal no#ices (aeleuoris are shown inetr~°= ~' - yL~aaaisians are and advertisements within the meaning of the laws of the State of Colorado. shown bola>. - 12-86.9: CONDITIONAL USES: That the annexed legal notice or advertisement was published in the regular and entire issue of every The following conditional uses shall be permitted, and that the first consecutive insertions for the eriod of ~ b f id d il subject to issuance of a conditional use permit m accordance with the prdvisions of Chapter 16 of ; p ......... ... y newspaper num er o sa a this Title:. ~Q publication of said notice was in the issue of said newspaper dated .......~...',~ .... .. ...~~! . ,Accessory. btiildmgs (permanent and terpporary) and uses Customarily moidental and accessory to .,...c .......... ,.. and that the last publication of said notice was in the issue of said newspaper A.D. ~~~.., permitted or condltionaPoutdoorrecreatidnaluses, ~~ and necessary ior.ihs operation thereaf,incEuding pp dated.~hr....~.Q. A.D...........~~.-:... reatrooms, drinking.fountams, bleachers, conces- ~ sivns, storage huilding5, i~hd similar• uses. ~~ ~~ to access National for- d onl s I j i'lay c In witness whereof I have hereunto set my hand this -S y e eyst an is Equ ds u s e Public parks and active public, outdoor recreaticn `areas and uses, excluding-buildings. ' ...................... Public utility'and publicservite uses Ski-lifts, tows and runs. well waterlreatmentfaciliiies. Subscribed a~nd~swo~rn to before (~,ya not ~7 pQu~bli~c in and for the County of Eagle, State of Colorado, this .........K...~?~....~ay of .. ~.~G~:~~1~~Y~..~.c~r.{.:,~a~ } Notary is My Commission expires ..............Ch-C./....1..: ,~~ Section 2. If. an part, section, subsection, sen- tence, clause or phrase of this ordinance is for any reason held to be invalid, such.decision shal3 not affect the validity of the remaining portions of ,this ordinance; and the Town Council hereby declares it would have passed t171a ordinance, and each past, sectioh, subsection, sentence, clause or phrase thereof, regardless of the tact that any one or more parts, sections, subsectipns, sentences, clauses or phrases be declared "srivalid. Bastian 3. The Town Council hereby finds, deter- mines and declares that this ordinance is necessa-_ ry and proper for the liea4th, safety and wefare o1 the Town of Vail and the inhabitants thereof. Section d. The amendment of any provision of ~the~TOwn Code as prov'sded in this ordinance shall not affect any rlgght~which has accrued; any duty imposed, any violahpn that occurred prior to the e - fectlve date hereof, any prosecution_commenced, nor any other action ar proceeding as commianced under or by virtue of the provision amended. The amendment of any,proviston hereby shall riot re- vive any provision. or-any orairiance previously re-; pealed or.. superseded unless .expressly. stated i herein.. ~ ~ -- ~ .. • • • x Section y#. All bylaw~,'o dinances7 or Darts 1Fiere; iigr shall not be .construed to revise 'sr, reaolutfon ok ordinance, or part i fore repeaJdd. REAO ON FfR&T REApfNQ. AP- i 4RpERED PUBLI&HEO ONCE fN iT READINQ this 151h day of Opto- a public hearing for second reading ce set for the 5th day ar November, Quncll Chambers of the Veil Muhlci- ~Idson; Town Clerk the Vall pally October.t e, 2002.,. N° STATE OF COhORADO COUNTY OF EAGLE 27~ PROOF OF PUBLICATION SS. • i, Steve Pope, do solemnly swear that I am the Pubjisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eaglo far a period of mare than fiftydwD consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- mentsthereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and adverEisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the pericd of .......~....... consecu>tiv inserlions;Aand that the first publication of s ' notice was in the issue of said newspaper dated .. `j...~1~-fr~1.Y.jL,r~.:~,~.. ~.1,~~...... A.D. ~.~........ and that the last p/ub~lication of said no#ice was in the issue of said newspaper .. ~frh/.~ ............ In witness whereof !have hereunto set my hand this ....../... ~. d+ ~~ ~ her Subscribed and sworn to beta e , a notary pu/Jblic in and for the County of Eagle, State of Colorado, this ........../.r1.1......... day of ....iT .~.~,!/k~C..~S=1r.C...~ ~. Notary Public My Commission expires .... ...... ~'. ~`. . ....... G~~~ ORDINANCE 0.29 Z Series ~; AN ORDINANCE AMENF7I~ECTiON 12.86-3 (CONDITIONAL USES], VAIL TOWN CObE; TO ALLOW FOR"'pUBLIC UTILITY ANb PUBLIC SERVICE USES" AS A CONDITIONAL USB IN THE OUTDOOR RECREATION.ZONE DISTRICT, AND SETTING FORTH DETAILS 1N REt"aFiRDS THERETO. , WHEREAS, the-Planning and Environmental Com- mission of the Town of Vail has held public hear- ings on the proposed amendments in accordance with the prrniisigns of the Tvwn Code of the Town vF Vai1; and wHEREA5, the.Alanninq and Environmental Com-~ mission finds 3hat.the proposed amendments fur- ther the developrrtsnt- ob{ectivess of. the-Town: of Vail; and - wHEREAS,~Ehe~ Plei3ning $ntl ~Environmentat Com- mission of the Town of Vail;kas recommended. ap- proval of this texh amendment at. its Octolier 14,; 2002, meeting, and has sribmitted~its~Yecommen- tlatiori to the Town Gouncil;-and ' WHEREAS, the Vall Town Council tihds that-the ampndments~are consistent with the ~applicable~el- ements of'[he adopted goals, objeclivss and poli- gies;.oritlirled°frt~tha Vai_I GomprehensWe~.PJan .and . is, compatible, irlilh the development . ~b~~tives of =the Toilifi; and WNEft1=A5; tfie Veil Tawn. Cocncrl f.hd~ ~y~t the -am~ti3lments-iuriher Ihe`gr:nor21 znd sf?a~illC-'put-~' posesof the Zoning Regulation ,and - - wHEREAS, the Vait Tawn Council finds that the amendments .promote the health, safety, morals, and geneml~welfare-of the Town arid~proptote the coordinated and harmonious development of the Town in a manner That conserves and~entiances.iFs ' natural environment appd-its established character as a resorrand residential oominunity.of the high- est quarry. .. .. _. NOW,. THEREFORE, BE IT ORDAINED BY THE ' 'TOWN COUNCIL OF THE TOWN OF VAII., COL- ' ORADO, THAT: SaMion 1. Section 12-86-3 . of the Vail Towd Code shall hereby be amended with tfte addition of ; the folfdwing.as a permltted~condilional use hl~~ths ' Outdoor Recreation zone district: Public utility and-putillc service uses Sedtign 2. Section 12.2.2 of the--Vaih7oWn Code .. shall hereby be amended with the addition of_the. following definition: , PUBLIC UTfLITY AND PUBLIC~SERVICE USES: An~r structure, not otherwise exempted fromihe deirnition af~''strugture" elsewhere-in4hisTltle, which is reasonably necessary to faollitate ade- quate public utillt[es and public services. Public utflides and public services shall include.'but not be limited to . distribution, collection, commur7lcatlon, supply or disposal systems for gas, electricity; . we-- , ter, wastewater, stormwater,~ telecommunications, . irrigation, end olheraimilar'public utilities and`- pub= lic services. Far the purposes of this Title, publte utility and public service uses shall not include public transportation facllltles, sewage. or wastewa- ter treatment facilities, sanitary landfills, salvage ~ - yards,storage yards ar business otfices:- Section$. If any part, section, subsection, gen= fenoe,.clause ar phrase of this ordinance is far any reason held to be.invalid, such decision shall not effect-fhe validity of the remaining porlipns of this ordinance; and the-Town Council -hereby declares ' it would have passed this ordinance, and-each part, section; subsection, sentence, clausE or. phraso [hereof, regardless of the tact filet any one ~or.more parts, sections suhs`BCtIonS, s®ntenFas: clauses or phrasss_be d~ar8d invalitl., ~~ 84. The Town Coungit hereby Ilttde deter. , mines and deelerda that hits urdlnanag €e~nerreaas• ry and proper for the heakh; ealety and welfare of the Town of Vall end the tnhabftenta thereof, Section 5- The amendment of any provislon of the Tawn Code as. provided in this ordinance shat! nc1: affect any right which has accrued, any dulyy imposed, any vlolatlon that occurred prior to the ef- fective date hereof, any prosecu[icn commenced, nor any other action or proceeding as commenced under qr by virtue o1 the provieian amended. Tha amendment of any provislon hereby shall net re- vive any pravisicn er any ordinance previously re- peated or ,superseded unless expressly stated herein. . $ectlon S. All bylaws, orders, resoluttona and or- dinances, or parts (hereof, inconslsteni herewith are repealed to the. eiden[ only ai such lncansisten- cy. This repealer shall not be construed to revise any bylaw, o{der, resolution or ordinance, pr par4 thereof, theretofore repealed. INTRODUCED, REAL] ON FIR5T READING, AP- PROVED, ANR ORDERED PUBLISHED ONCE IN FULL ON FIRST RAPING this 15th day of Octo- ber, 2002 and a public hearing for second reading of this Ordinahce set for the 5th day o3 November, 2002, In the Counci€ Chambers of the Vall Munlcl- pal Buildfng, Vall, Colorado, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Cler€C READ AND APPROVED .6N SECOND READING AND ORDERED PUBLISHED this 5th day o! No- vember, X002. Ludwig Kurz, Mayor ATTEST: Lorelei Done#dson, Town Glerk - Published in Tha'Fagte Vallsy Eniarprise ldovem- ber 19, 2062. • ~O STATE OF COLORADO COUNTY OF BAGL,B 270 PROOF OF PUBLICATION SS. C~ I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle far a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a dally newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Golorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ........~..... consec five insertions and that the first publication of said notice was in the issue of said newspaper dated .. t~.~.~,(.....~~ ........................... A.DQ4#C..~,J..c~.... and that the dated.~~.....~........ A.D..... last publication of said notice was in the issue of said newspaper In witness whereof I have hereunto set my hand this .......~~. day of _?.~~ Subscribed end sworn to bef a me, a notary public in and for the County of Eagle, State of Colorado, r this ...........~~.. day of .. ......~-~C~.~~t..r /y ~ p ~QJ .. .. Notary Public My Commission expires . .... .(~~.~.,.~~.~~ OR~INgN 29 Series ~~ AN ORDINANCE ANIENpI 5ECTfON 12.88,3 (CONDITIONAL USES), VA1C, 70WN CODE, 70 ALLOW FOR "1'UBLfC UTILITY` AND PUBLIC SERVICE USES" ~AS A CONDITIONA! USE. IN THE OUTDOOR RECREATION ZONE pISTRICT, AND SETTING FORTH DETAFLS fN~REGARDS THERETO. . WHEREAS, the-Planning and Environmental Com- mission of the Town of Vail has held: public hear- ; mgs on the proposed amendri;ents in accordahce with the provisions of the Town Codeoi the Town of Vail; and - - WHEREAS, the Planning and Environmental:Com- mission-finds Fhat the proposed amendments fur- ther the development objectives of the Town of Vail; and WHERFAS, the Planning and Enyironmental Corri- mission of the Town o€ Vail has recommended ap- proval ~of this text amendment at its October 14, 2002, meeting, and has submitted its recommen- .dation to the Town Council; and • WHERE=AS; .the Vail Town Council Minds- that the amendments ..are consistent with the applicable el- ements of the adopted goals, objectival and~po#i-~ cfes outlined in the Vail Comprehensive Plan and V is compatible with the development objectives of the Town; and WHEREAS, the VeIE Tawn Councl° @nds: that the i amendments further Ehe general 8nd speafic pur- poses pf the 2pningg Regulations; end WHEREAS, the 1/afl Town. Council finds that the amendments promote the healtti,_satery, motels, and general we€fareoi 1heTownand~promote the coordinated and harmonious development of-the, Town in a manner that conserves and enhances its natural environment and its established character as aresort and residential community of the~hlgh- esTquality. NOW, THEREFORE, BE IT ORDAINED-BY THE 70WN' COUNCIL OF THE TOWN .OF VAIL,. COL• ORAOp, THAT: Section 1. Section 12-8B-3 of the Vait Town Code shall hereby be amended with the addition of the following as a permitted condrfional use in the OutdoonRecreation zone distract: Public utility and public service uses SeMioq 2. Section 12-2•z of the Vail Town Code shall hereby bo amended with the a@dation of the following definition: PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structurep rtot othenvlse exempted from the definition of structure` elsewhere fn this Title, which is reasonably necessary to tacilltate ado• _: quato pub}ic a&littes and public services. Pubfic utilities and public services shall Inolude but not be iimlted to distribution, co#lection, communication, supply or disposal systems for gas, electricity, wa- ter, wastewater, atormwater, telecommunicatiens, irrigation, solid waste, recycling, and other similar pvbhc utilities and public services.~For the purpos- es of this Title, public utility and public service uses shall not include public transportation facilities; sewage or wastewater treatment facilities, sanitary lantltifls, salvage yards, storage yards or•busineas~ offices. Section 3. if any part, section, subsection, -sen- tence, clause. or phrase of this ordinance fs for any reason held to'be invalid, such decision shall not effect the validity dE the remaining portions of this ordinance; and the Town Council hereby declares it weuld -have passed this. ordinance, and each par[, section,: sUbs$otion; sa'nlence, clause or phrase theregf; regardless of the fact that any one or more, parts,. sections, subsections, sentences, clauses.or phrases 6e declared invalid. + Section 4. The T6wrti Ceunc. iLhereby fihdS, .deters minesansl declares thabthis 6rdinance is`riecessa- ry an[f proper for 1h8~health,-safety and vielfaie oP the Town of Vail and'the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, arty duly imposed, anyuiolation~that occurred.prior4o the ef- fective .date hereof; any prosecution commenced, . - ,. riot any other actlon orpr,ceeding as commenced under or bywlrtue of the rovisfon amended. The amendment of any provis on hereby shall not re- Yive any provision or any ; rdlnance previously re- pealed or superseded less expressly stated herein. Seaton 8. All bylaws, or era, resolutions and or- tllnances, or parts there ,Inconsistent herewith are Baled to the extent ' nfy of ouch incvnslsian- ay, ThtB.repaaler shall'no .ba construed to revise j r±'ny=E~law, order, reaotu inn, cr ardlrjanoe. ar pgrt 111sr~r41, ~re[atofare rape ed. INTRQGUCED, READ FIRST READING, AP-~ PRBVEp, AND:tr]RpER D PUBLISHED t]NGE IN FUEL GN FIRBT•READI Ci this 15th day of Octo-.. bar, 2002 and' a puhllG. h ring tar second reedfng of this Ordinance seC far he 81h day of November,? 2D02, In the Council Ch beta of the Vaff Munlcl- paLBullding, Vatl, Eotora - Ludwlg Kur Mayor AT'fE9T: Larelai Donaldson, Town lark REAP AND APPROVEt] QN SECOND READING AND.ORDERED PU6LI Ep this 5th day of Nq- vember, 2042. ATTEST;` ' E.utivrlg Kur Hfayor ~,, Lot`elel Qonaldeon, Tawn lark PuWtathed in the Vail t]eIl November 9, X002, _ _V. _-. -