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HomeMy WebLinkAbout2006-14 Amending Section 12-7H-5, Section 12-7H18, 12-18-5B, 14-3, and Chapter 14-6ORDINANCE NO. 14 SERIES OF 2006 AN ORDINANCE AMENDING SECTION 12.7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING), TO ALLOW FOR SEASONAL USES OR STRUCTURES USED MORE THAN FOURTEEN (14) DAYS AS A CONDITIONAL USE IN LIONSHEAD MIXED USE 1 DISTRICT; SECTION ~12-7H-18, MITIGATION OF DEVELOPMENT IMPACTS, TO CLARIFY THE INCLUSION OF AN EMPLOYEE HOUSING PLAN AS A MITIGATION OF DEVELOPMENT IMPACTS; SUBSECTION 12-18-58, DENSITY CONTROL, TO CLARIFY LIMITATIONS ON STRUCTURES WHICH DO NOT CONFORM TO DENSITY CONTROLS; CHAPTER 14-3, RESIDENTIAL ACCESS, DRIVEWAY AND PARKING STANDARDS, TO CLARIFY STANDARDS FOR ACCESS, DRIVEWAY AND PARKING FOR COMMERCIAL PROPERTIES; AND CHAPTER 14-6, GRADING STANDARDS, TO CLARIFY REQUIREMENTS FOR RETAINING WALLS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD 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 Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its June 12, 2006 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission 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; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general and specific purposes of the Zoning Regulations and the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission 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; 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 Vail Comprehensive Plan and is compatible with the development objectives of the Town, and Ordinance No. 14, Series of 2006 WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations and the Development Standards Handbook; 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 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. The purpose of this housekeeping ordinance is to clarify text and correct errors in codification in the Vail Town Code. (Text that is to be deleted is st~iskea. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-7H-5 is hereby amended as follows: Section 12-7H-5: Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utfllzed for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this Section, in accordance with the provisions of Section 12-3-4 of this Title. ~,, Ordinance No. 14, Series of 2006 Standard Driveway/Feeder Road Section 3. Section 12-7H-18 is hereby amended as follows: Section 12-7H-18: Mitigation of Development Impacts: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the Town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large-scale redevelopment/development projects which produce substantial off site impacts. Section 4. Subsection 12-18-5B is hereby amended as follows: 8. Density Control: Structures which do not conform fo density controls (Includes GRFA and dwelling units/acre) maybe ~ modlged, only if the Total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. Section 5. Chapter 14-3 is hereby amended as follows: Chapter 3. Residential and Commercial Access, Driveway and Parking Standards This section (Tables 1 and 2) specifies the access, driveway and parking standards for residential and commercial development. These standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum standards. When two or more standards conflict, the more restrictive standard shall apply. Table 1: Driveway/Feeder Road Standards Single-family, Two-family, Multiple Family Primary/Secondary -access to 4 to 11 dwelling -access to not more than 3 units dwelling units (including EHUs) -feeder road only -structures and all portions thereof within 150' from edge of street pavement Multiple Family and Commercial -access to more than 11 dwelling units and/or commercial properties -feeder road only Ordinance No. 14, Series of 2006 Min. Width 12' 20' 22' Normal -Access from feeder road -Access from feeder to units (Detail 1) to units shall comply with shall comply with single- ~, single-family requirements family requirements contained herein contained herein Min. Width 15' 24' 24' 90° corner (cross-over) (Detail 2) Min. Width 16' 24' 28' Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb- (flare fo 28' with 15' curb- (Defail l) return radius) return radius) Max. Width 24' head in 36' 36' Entrance/Curb-cut 48' back out (Detail 3) Min. Grade 0.5% 0.5% 0.5% Centerline (Detail 4) Max. Grade 10% unheated 9% unheated 9% unheated Centerline 12% heated 12% heated 12% heated (Detail 4) 16% heated and engineered with flat recovery areas Max. Grade 8% unheated 8% unheated 8% unheated Centerline 12% heated 12% heated 10% heated Comer/Cross-over (Detail 2) Max. cross-slope grade 8% 8% 8% (Detail 1) Entry angle 45° 70° 70° min. deflection for first 30' of driveway length (Detail 5) Max. centerline break-over 14% 6% 4% grade (Detail 6) Max. grade at edge of 8 % 6 % 4 public road asphalt (Detail 4) Max. length of max. grade 10' 15' 30' at edge of public road asphalt (Detail 4) Min. centerline turning 20' 30' 40' radius (Detail 7) Section 6. Chapter 14-6 is hereby amended as follows: Chapter 14-6: Grading Standards Retalning Walls (General) All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography and the Ordinance No. 14, Series of 2006 4 materials in use. Retaining walls shall not exceed an exposed face height of six (6) feet. Within a front setback, retaining walls shall not exceed an exposed face height of three (3) feef, unless related to access to a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempf from these height limits, but must be approved by the Design Review Board. Retaining walls shall be located a minimum of two (2) feet from adjacent private property boundaries and should be ten (10) feet from the edge of a public street unless otherwise approved by the Town Engineer. All retaining walls over four (4) feet in height, measured from the bottom of a footing to the fop of wall as per the adopted Town of Vail Building Code, shall be engineered and stamped by a licensed Colorado Professional Engineer (P.E. stamp) rho a °.-€-o~~ except in the right-of-way, where retaining walls over three (3) feet in height, measured !n the same manner, shall require a P. E. Stamp. All retaining walls requiring a P.E.- stamp shall be required to submit and have approved, prior to Building Permit release, engineered stamped plans, profiles, sections, details, and englneering analyses and calculations for each wall type as required by fhe Town Engineer. At a minimum, unless otherwise directed, the englneering submittal r shall include P.E. stamped plans, and P.E. stamped typical details with all englneering design parameters and calculated Factor of Safety provided on the decal/s. Plans and details shall be cross-referenced. Section 7. 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 8. 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 9. 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 Ordinance No. 14, Series of 2006 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 10. 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 20th day of June, 2006, and a public hearing for second reading of this Ordinance set for the 11th day of July, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: e / ~ 1.e~ ~~ or ei~naldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 11th day of July, 2006. r:9,--~ ,S ~ J Rodne~E. Sli er, ayor ATTES ' ~~ ~~ "? L'~irelei ~onaldson, Town Clerk Ordinance No. 14, Series of 2006 1649 r + PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } ~: I, Steve Pope, do solemnly sweaz that I am a qualified representative of [he Vail Daily. That the same Daily newspaper 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 for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and [hat said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. 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 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated July Ol A.D. 2006 and that the last publication of said notice was in [he issue of said newspaper dated July Ol A.D. 2006. In witness whereof has here unto set my hand [his 7th day July, 2006 // /n Publisl~tltGenef,~l ~ger/Editor Subscribed and swam to before me, a notary public in and for the County of Eaiig''le, State of Colorado this '0' of July, 2006. j / ,//A, / Pamela Joan Schultz Notary Public My Commission expires: November 1, 2007 Pace D38 - Saturday. July 1, 2006 C ~ C ~~ ~~~ _~ .. .. ....xi:,~.M ,o, .,y„HYi~Sn ,a=,atr.;rd.llic ,Ax ,8a .,_ , ~P~LP I Ordinance No. WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and polices outlined in Min. Width the Vad Comprehensive Plan and are compatible with the development objectives of the Town; antl BO° corner (cross-over) WHEREAS, the Planning and Environmental Commission finds that the proposetl amendments (Detail 2) further the general antl specific purposes of the Zoning Regulations and the Development Review Handbook; and Min. Width EntrancelCurb-cut WHEREAS, the Planning and Environmental Commission rinds that the proposed amendments (Detail 1) promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious tlevelopmant of the Town in a manner that Conserves antl enhances its natural Max. Width environment and its established Charager as a resort antl residential community of the highest qualhy; Entrence/Curb-cut antl (Detall 3) The DaNy Cla6sl8eda 970.845.9937 / vaildailv,com - _ -.~.. w~- ~,a- _ .... ,~ .. ~~ 14 Series of 2006 ORDINANCE 14, SERIES OF 2006, AN ORDINANCE AMENDING SECTION 12-7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING}, TO ALLOW FOR SEASONAL USES OR STRUCTURES USED MORE THAN SEVEN (7) DAYS AS A CONDITIONAL USE IN LIONSHEAD MIXED USE I DISTRICT; SECTION 12-7H-18, MITIGATION OF DEVELOPMENT IMPACTS, TO CLARIFY THE INCLUSION OF AN EMPLOYEE HOUSING PLAN AS A MITIGATION OF DEVELOPMENT IMPACTS; SECTION 12-SC-3, CONDITIONAL USES, TO ALLOW FOR SKI LIFTS AS A CONDITIONAL USE WITHIN THE NATURAL AREA PRESERVATION DISTRICT; SUBSECTION 12-18-58, DENSITY CONTROL, TO CLARIFY LIMITATIONS ON STRUCTURES WHICH DO NOT CONFORM TO DENSITY CONTROLS; CHAPTER 14-3, RESIDENTIAL ACCESS, DRIVEWAY AND PARKING STANDARDS, TO CLARIFY STANDARDS FOR ACCESS, DRIVEWAY AND PARKING FOR COMMERCIAL PROPERTIES; AND CHAPTER 14-6, GRADING STANDARDS, TO CLARIFY REQUIREMENTS FOR RETAINING WALLS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning antl Environmental Commission of the Town of Vail has held public I DrivewaylFeetler Road hearings on the proposetl arnentlmenls in accordance with the provisions of the Vail Town Code of the Town of Vail; and Min. Width 12' 20' 22' Normal -Access from feeder -Access from feeder WHEREAS, the Planning and Environmental Commission of the Town of Veil has recommended (Detail 7) road fo unite shall to units shell comply approval of these amendments at its June 12, 2006 meeting, and has submitted its recommendation comply with single- with single-family to the Vail Town Council; and family requirements requlrementa containetl herein contained herein WHEREAS, the Vall Town Council considers it in the Toreros[ of the public health, safety, end Mln. Grade welfare to adopt the9a ementlmente to the Town Code. Centering (Detall 4) NOW, THEREFORE, BE IT ORbAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, Mex. Grade 'COLORADO, THAT: Centerline Ssetlon 1. Tho purpose of this housekeeping ordinance is to clanry text antl correct errors in (Detail 4) codification in the Vail Town Code. (Text that Is to be tleleletl is stricken. TeM that is to be added is Dold. Sections of text that are not emendetl may be omitted.) Section 2. Section 12-7H-5 is hereby amended as follows Section 12-7H-5: Conditional Uses; Generally (On All Levels Of A Builtling Or Outside Of A Building): The following conditional uses shall be permitted, sublect to issuance of a conditional use permit in accordance wuh the provisions o! chapter 1G of !hs ftle: bed and breakfast as further regulated by Seclbn 12-1418 of this TUIe. Brew pubs Coin operated laundries. Commercial storage. Private outdoor recreation lacilitles, as a primary use. Public buildings, grounds, and faciUties. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or sUUCtures utilized for more than seven (7) days. Single-family resitlential dwellings. Ski lifts antl lows. Television stations. Two-family residential dwellings. Additional uses determmetl to be similar to conditional uses described in this Section, in accordance with the provisions of Section 12-3-4 of this Title. Seaton 3. Section 12-7H-i6 is hereby amended as follows: Section 12-7H-18: Mitigation of Development Impacts: Property owners/tlevelopers shall also be responsible for mitigating tlirect impacts of their tlevelopmant on public infrastructure end in ell cases, mitgation shall bear a reasonable relatlon to the tlevelopmant -impacts. Impacts may be tleterminetl based on reports preparetl by qualified consultants. The eMent of mitigation end public amanhy improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of deveopment projects and contlitionel use permits. Mitigation of impacts may include, bW is not Iimltetl to, the following: inclusion of an employee housing plan, roatlway improvements, pedestrian we&way improvements, streetscape improvements, stream iracWenk improvements, public art Improvements, and similar Improvements. The In1en! of thle section is to only require mitigation for large-scale retlevelopmenV development pro)ecis which produce subatantiel off site impacts. Section 4. Subsection 12-18-58 is hereby amended es follows B. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) may he enlarged, only if the total gross residential floor area of the enlarged structure does rwt exceed the total gross resitlemial floor area of the preexisting nonconforming structure. 8ectlon 5. Chapter 14-3 is hereby amended as follows: Chapmr 3. ResldaMlel antl Commercial Accaw, Ddvslasy end ParldnS Standards This section (Tables 1 antl 2) apathies the access, driveway and parking standards for resitlential development. These standards are subject to all conditions and exceptions described herein. These standards shall be consitlered the minimum standards. When two or more standards conflict, the more restrictive standard shall apply. ii Table 1: Driveway/Fe eder Road Standards Standard Single-family, Two- Multiple Family Multiple Family and family, Primary/ -access to 4l0 11 Comrrarelal 1 Secondary dwelling units -access to more then -access to not more -feeder road only 11 dwelling units than 3 dwelling units arMlw eomrnercW (~ncluging EHUs) propsrtlq -structures and all -leader road only i portions thereof within 150' from edge of ' attest pavement CPAXLP Mex. Grade Centerline 15' I 24' 16' (flare to 16') 24' (flare to 24'with 10' curb-return retlius) 24' Head In 36' 48' back out 0.5% 1 0.6% 10% unheated 9% unheetetl 12%heated 12%heatetl 16 %heated end engineered with flat recovery areas Corner/Cross-over 8% unheated (Detall 2) 12%heated Mex. cross-slope grade (Detail l) 8°p Entry angle min. deflection for first 30' of driveway length (Detail 5) 45° Men. centerline breakover gads (Detall 8) 14 Max. grade at edge of public road asphalt (Detail 4) 8% Max. length of max. grade at edge of public road asphalt (Detail 4) 10' Min, cenerline turning radius (Detail 7) 20' 8% unheated 12°~ hosted 8% Tg° 6% 6% 15' 30' Section 6. Chapter 146 Is hereby amended as follows: CMptar 14a: OrWinp ~:". ~ ., ., t 24' 2B' (flare to 28' with 15' curb-return radius 36' 0.5% 9% unheated 72% heated 8% unheated 10°io hoatect I 8% 7a° 4% 4% 30' 40' Retaining Wells (General) All retaining wells are reviewed by the Design Review Board or the Atlmin(stretor to determine compatibility to the existing topography antl the materials in use. Retaining wells shall na exceed an exposed face height of six (6) feet. Within a front setback, retain'mg walls shell not exceed en exposed face height of three (3) feet, unless related to access to a structure constructed on excessive slopes (In excess of thirty (30) peroenq. Retelnlnp wells associated wim a street located whhin s public ripht- of-way or access to an underground covered parking structure are exempt hom these height Ilmlta, but must be approvetl by the Design Ravlew Board. Retaining walls shall be located a minimum of two (2) feet from adjacent private property bountlaries antl should be ten (10) feet from the edge of a public avast unless otherwise approved by the Town Engineer. All retaining walls over four (4) feet in height, measured from the bottom of a footing to the top of wall as per the adopted Town of Vail BuilQing Code, shall be engineered antl stamped by a licensed Colorado Processional Engineer (P.E. stamp) require a P.E. Stamp except in the right-ot-way, where retaining wells over three (3} feet in height, measured in the same manner, shall require a P.E. Stamp. All retaining walls requiring a P.E. stamp shall be required to Submit and have approved, prior to Building Permit release, englneeretl stamped plans, profiles, sections. details, and engineering analyses and calculations for each wall type as requiretl by the Town Engineer. At a minimum, unless otherwise directed, the c..b:..,,...,ng submittal shall include P.E. stamped plans, and P.E. stamped typical details with all engineering design parameters and calculated Factor of Satery provided on the details. Plana end details shall be cross referenced. 8acaon 7. if any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be InvaUd, such decision shall not effect the valitliry of the remaining ponions of this oroinance; end the TowrrCouncil hereby declares h would have passed this ordinance, antl each part, aectbn, subsection, sentence, clause or phrase thereof, regaMleas of the fact that tu,y orre or more parts, sections, au(lsectlona, sentences, olauaea or phrases be declared lnvalW. '~ ~ { TM Dally Claglbda 970.845.9937 / vaiidailv.com Saturday. July 1, 20D6 - Peae D39 ~~ A I ~i43 I~t`yK§r~ r l{fiG~i ° tf Ft~'~^ P-.4. r~? ~ '. i4 )~ r y _ E ~t ~ ~ Ati ~ ~ $~' n~ _ ~ ~a~ky,~ s ~i•ry~6t~ ~ T ~~" ~ ~ ~?C~ ~ e t~~f:: +~&~. ~~ 111 .:; .. 111 ~,tiw'-: _ ~ ~s~warxar+u~..~. a, a~ralrl,~~;aJ,niaah ~e~YN;ii~li4r~lFra' ~ } ~. -. "'=.~~ ICS L GPAXLP ~. ~` INTRODUCED..READ ON FIRST READING, APPROVED, AND ORDEREb I~LISI#A ONCE IN Saotlon & The Town Council hereby findq, determines and deoleres that this ordinance is necessary FUW.ON FIRST REA41hIG this ZOIh day of Juno, 2008,end a Public hgering tar second readMg or this and prpper for thehealth, safety and Wel{are of thq Town pf tlsll endgre Inhabgente thereof. Ordinance set for ttw 11th tley of July, 2oofi, at 6;OOP,M. In. tMe CodncltChambera oflhgVail Munkipal Building, Vast?Colorado. ~ ... Ssotlon 9. The amendmem of any provision of lho Town Code ea provided In this ordinance shall not aNect any right which has accnred, erry duty imposed; any vkrletbn prat decurrad prior to the effective ' date hereof, any prosecutkm ..~,,,.,d„mow, nor any gCbt atlbn or pmoeeding e8. commenceq. under or by virtue of the provision errrerxkd, The , ~ ~,~ ~ Of anYProvieion hereby shall not revive arty RodriBy. ~. ~Ufg4 Mayor provision or any ordinance pteviouely rapoaletl of qupeteaded uMeee expre6ely;atatetl herein. AT1E{ .. aaetlon 10. All bylaws, Orders, rasodxronc ano weNnarx:ae; or parts thereof, Inconsistent herewith are repealed W the extent Only of each kroonetetency: This rtN~eNer shell rN# ba construed to revise arty -LorNei DOrtaldaon; Town Clerk bylaw, order, readution oradlrtance, or pan thereof, iharetotoreropeabd. _._ ~ Published In the Vall Daily July 1, 2QOa. ~ U 4-+ 4-+ y y ~ O O O '_" d ~ y ^d ~ N a C"` O N ; ^ ~ > A ~ •~ ~ O O r!1 ~' ~d O ~ O V U "' O >~ O ~ k ~ ~ N '~'~' cd d ~ ¢, G ~ p A ~ yn '~ ~ ~ c~ +' °' o `~ ~ a ~ ~ :° ~ ~ ~ N ~ O Z U ~i ~ ° '~ '~ a~ '~ ~ P-4 v, , ~ H a, ~ o o ~ ~ ~ ~.,~` ~ ~ a c~ .G O~ ~ H A G ~ O 43~ p v ,~ N O~ O~ O ~ '~ N ~ ~ ~ U } O '~ 7, C, ~ A, N ~ a $ ~ ~ ~ ~ ~ ~ ~ , ... A ~U^~,~~0 ~ ~ ~ A, ~ `O ~ ~~ ~ d 7 Cd ~ to ~ ~ yam. .'.~ ...~ ~ C', U `n • it ~ O «S 47 ~-' p .+ ..~ ~ ~ c v ~ a ~~3~"OC>~~~ , . `d~~o~~~ ~ ~ ~ 3 ~ ~; 'd w to ..O ~. > •C ~ ~ ,r p , ~ cd • ~ a> ~ G ~ '4 'd O ~ ~ ~ +~ H +~ ~ ~ N ~ ~-+ w ~ ~ O ~ ~ N y ~ w ~ ' ~ ~ ,~ y ~ O ,}, O O^ ~' U cd N O ~ ~ O N i~~'~ucG ~ 3 .~ ~ ~, ~ E.. A W ''•~ ~ U o a ~ °' ~ ~ ~ .~ ~ 3 a~ ~ ~ a ~~o~~~~a ~ :~ ~ ~ ~ `~ o O O v. ~, ~, ,,,., ~ ~ 3 ~ ~ ' H r N C. t?0 y ~ . + O ~ ~. ~ ~ ~ 57+1 W ~ H ° ~' ~ •~ N v ~ e~, ~ i ~ ~aH Ct1 F" U ~-' Q '~ a ~ Paea B26 - Saturday. July 15. 2006 The Dall_v Clastslfledt: 970.845.9937 / vaildailv.com ~ t . ~ ~ _ .t.r ~ ~ , ~ i.e i - ~ ~ i CPAXLP I Ordinance No.14 Series of 2006 t AN ORDINANCE AMENDIIJG SECTION 12-7H-5, CONDITIONAL USES, GENERALLY (ON ALL L EVELS OF A BUILDING OR OUTSIDE OF A BUILDING), TO ALLOW FOR SCASONAL USES OR STRUCTURES USED MORE THAN FOURTEEN (14) DAYS AS A CONDITIONAL USE IN LIONSHEAD MIXED USE I DISTRICT; SECTIOIJ 12-7H-18, MITIGATION OF DEVELOPMENT IMPACTS, TO CLARIFY THE INCLUSION OF AN EMPLOYEE HOUSING PLAN AS A MITIGATION OF DEVELOPMENT IMPACTS, SUBSECTION 12-18-58, DENSITY CONTROL, 70 CLARIFY LIMITA710NS ON STRUCTURES WHICH DO NOT CONFORM TO DENSITY CONTROLS; CHAPTER 14-3, RESIDENT IAL ACCESS, DRIVEWAY AND PARKING STANDARDS, TO CLARIFY STANDARDS FOR ACCESS. DRIVEWAY AND PARKING FOR COMMERCIAL PROPERTIES, AND CHAPTER 14-6, GRADING STANDARDS, 70 CtARJFY REQUIREMENTS FOR RETAINING WALLS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amentlmen[s in accordance with the provisions of the Vail Town Code of the Min. Width ' ' ' ' ' Town of Vail; and ~ EniraneelCurb-cut 16 (flare to 16') (flare to 24 with 24 28 (flare to 28 with WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended (Detail 1) 10' Curb-return radius) 15' curb-return radius) approval or these amendments at rts Juno 12, 2D06 meeting, and has submitted its recommendation to the Vail Town Council; end Maz. Width ' WHEREAS, the Planning and Environmental Commission finds that the proposed amendments Entrance/Curb-cut 24' head ur ' 36' 36 are consistent with the applicable elements of the adopted goals, objectives and pohc'res outlined in (Detail 3) 48 back out the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning end Environmental Commission finds that the proposed amendments Min. Grade Centerline further the 9eneraf and specitlc purposes of the Zoning Regulations and the Development Review (Detail 4) 0.5% 0.5% 0.5 Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments Max. Grade Centerline 10% unheated 9% unheated 9% unheated promote the health, safety, morals, and general welfare of the Town and promote the coordinated and (Detail 4) 12% heated 12% heated 12% heated harmoNOUS development of the Town in a manner that conserves and enhances its natural environment 16% heated and and us established character as a resort and residential community of the highest quality, and engineered with flat WHEREAS, the Vail Town Councl finds that the amendments are consistent with the applicable recovery areas elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and Maz. Grade Centerline WHEREAS, the Vail Town Council finds that the amendments further the general and specitlc Corner/Cross-over 8 % unheated ~ 8% unheated 8% unheated ° purposes of the Zoning Regulations and the Development Standards Handbook, and (Detail 2) 12% heated 12% heated 10 ro heated WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, I morals, and genera( welfare of the Town end promote the coortlinatetl and harmonious development Max. cross-slope grade of the Town in a manner that conserves and enhances its natural environment and its established (Detail 1) e% 8% 8°% character as a resort and residential community of [he highest quality. Entry angle NOW.THEREFOHE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL COLOHADO THAT: min. deflection for first , , 30' of driveway length Section 1. The purpose of this housekeeping ordinance is to clarify text and correct errors in (Oeteil5) 45° 70° 70° codification In the Vail Town Coge. (TeM that is to be deleted is stricken. Te# that is to be added is } bold. Sections of text that are not amended may be omitted Max. centerline . break-over grade Seetlon 2. Section 12-7H-5 is hereby amended as folows: (Detail 6) 14% 6% 4% Section 12-7H-5. Conditional Uses, Generally (On All Levels Of A Building Or Outside Of A Building). The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coln operated laundries. Commercial storage. Private outdoor recreation facilities. as a primary use. Public buildings. grounds, and tacilitieS. Public ur private parking lots. Public park and recreation facilities. Public, utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single:-family residential dwellings. Ski lhs and tows. Televi,lon stations. Two-lain ry res dentlal dwellings. Ado zonal uses deterrninetl to he sit ~4ar Ci cunditlunal uses described In (his Section, in accordance with the provisions of Section 12-3-4 of this TUIe. Seetlon 3. Section 12-7H-18 is hereby amended as follows Section 12-7H-18. Mitigation of Development Impacts: Prop~r!yownars/developers shalt also be responsible for mitigating direct imparts of their developrnont on public infraslructur and In all cases, mitigation shall bear a reasonable relation to the development 6npr,,as Impacts may be determined based on reports prepared by qualified consultants TnE extent of n nt~i r,tion m id public amenity impro~oments shalt be balanced with the goals of redevelopment and will Gc~ d.~.tsnnineu b/ rho Planning and Environmental Comrnlaslon In review of tlwvelopment projegs arJ r c,~ ddronal use permits- Mltiganon of Impacts may include, tril ~~s not limited to, the following. en~piz./^,. -a ,g po e To.~,=c~rnea^employee housing poii~/, roudway.n proven ants, pedeelrlan walkway irnprovemnnls. streatseape Improvements, stream tracUbank improvements, public an improvements, and sorter In ipnrveu~unfs Tne intent ut this section is to only regular mitigation for IargE~e.cale redevolepmenVdevelop neat projects whh,h produce substant;al oft site rtnpacts. Section 4. 3ubsactini i 12-1fl-fiB is hereby amenrlEd as follows: H. Density Control: Structures which do not conform to densely conL•ols (inUudes GRFA „nd dwelling units/acre) may be enlarged modilied, only rf the total gross residential floor :.rea of [he enlarged structure tloES not exceed [he total gross residential floor area of the preez+sting nonconforming structure. Section 5. ChaplEi 14 ~ s hereby ai e; ,dr,d as follows Chapter 3. Resldenfial and Cnminerciaf Access, OrNeway and Parking 5[andards This sc~2ien (Tables 1 and 2) specifies the access, driveway and parking standards for reside: itial and commercial development. These standards are subject to all conditions end axcephons dusuribed herein These standards shall he consitleretl the minimum standards. When two cr me°~re standards oont6a. ;he more restrictive standard shall apply. Table 1 U away,/Feeder Roatl Standards Stann.nd ~ Single-farrv,ly, Two- M,1tiplE Fanuly Multiple Family end family, Pnmaryi -access to 4 to 11 Cominarclal Secondary dwelling units -access to more than -access to not more -feeder road only 11 dwelling units than 3 dwealny units antl7or commerelal (including EHUs) properties -structures and ail -feeder road only portions thereof within 150' from edge of street pavement Driveway/Feeder Rnad AAin. bVidth ~ ~ 12' 2_G 22' Norrn.J Access from feeder -Access from feeder (DetaH 1) road to units shall to units shell comply crimpty w;th single with single-family family requirements requirements contained heroin contained herein Mln ',^J~.d;h 90` corner _ ._- -_._ (CrO..~~~VErI(Derall 2j _ 15' 24~ Maz. grade a[ edge of public road asphalt (Detail 4) 8% Max. length of max. grade at edge of public road asphalt (Detail 4) 10' 6% 1 4% 15' 1 30' Min. centerline turning I I radius (Derail 7) 2D' 1 30' L40' -_ -- .._. .- __ _.___-_- __ ... -._- __.. ___ I Section 8. Chapter 14-6 is hereby amended as follows: Chapter 14-6: Grading Standards Retaining Walls (General) All retaining walls are reviewed by the Design Review Board or the AdminisVator to determine: compatibility to the existing topography and the materials in use. Retaining wells shell nM exceed an ezposetl face height of six (6) feel W~Btin a front setback, retaining walls shalt not ezcaeU an exposed face height of three (3) feet, unless related to access to a structure constructed on excess+ve slopes (in excess of thirty (30) percent) Retaining walls associated with a street boated within a public righ[- of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board. Retaining walls shall be located a minimum of two (2) feet from atljau~nt pnvolE property uuundaries end should be ten (10) feet from the edge of a public street unless otherwise approved by the 7:,wn Engineer All retaining walls over !our (4) feel ui height, ~nieesured from Jh,e boticm of ., +nr,Ilny ro the tcp of wail as par the adopted Town of Val Bu dii ~g Code, shall be eng,nru e,J ~ +n s,: n heel ty . I c~m,~_,r Colorado Professional GaJineer (P E. steer p) raqulre a PE. Stamp c cupt ~~n br+ Igbt-ofway, wF.e: c. retaining walls over tF,rae (3) feet , t c .ght, measured ur Ihn same n ~ it e .shat rey,.IrE u P E Stan rp. AI7 retaining wells requiring a PE ..!amp shall ha required to submit and have epprrved. poor I~~ Rullding Permit release, c igineare,J stamped plans, prof,les, sa,.ncns delas 1 eng~r~r-ng analyses and calculations for each wall type as required by the Tuwn Engineer. Al a minimum wilass otherwise directed, the anginearing submitte! shall +nclude PE stamped plans and N.E. r;tan.p,:,, typical details with all Engineering design parameters and calculated Factor of Safety provided on Ihti details. Plans and details shall be c«ss-referenced. Section 7. It any part, section, subsection, sentence. clause or phrase o} the ordinance Is for an'v reason held fo be invartd such decision shah nr,f effect the validity ut the remaining portions of Ihis ordinance; and the Town Council hereby declares rt would Have pv5sed tots urar• mni,e, and each pan section, subsection. sentence, clause ur phrase thereof, regardless of the loot that any ono or mcn- pads, sections, subsections, sentences, clauses or phrases be declared invalid Section a. The Town Cuunci! hereby fords, delcrrnines and declares that [hs ordlrianca s na~essary and proper for ti~~e riealth, safety ano welfam of rho town of Val and the Inhupitants (hereof. Section 9. The amendment of any provision of the Town Cude as providen in tt~s ordinance shat! tic! aRect any right which has accrued, ar ry duty imposed, any violallon that occurred prior to tl~e effective date nereol, any prosecution commenced ncr any other action or prcceed4 ig as commenced under or by virtue of the provision amendc~.d. The amendment of any provision hereby sia -got revive any provision or any ordinance previously repealed or superseded unless expressly slated herein. Sectlon 10. All bylaws, orders, resduUOns and ordinances. ur parts ihereol, inconsistani herewith are repealed to the extent only of such inconsistency This repealer shall not be ronstruetl to revise any bylaw, order, resolution or ordinance, ur part thereof, theretofore repealed. INTRODUCED, READ OIV FIRST READING, APPROVED, AND ORDERED Pl18LiSHED ONCE IN FULL ON FIRST READING this 20tlr da; of June, 2006, and a public hrraring for saeond reading of this Ordinance set for the 11th day of JWy, 2006, at 6:00 P.M In the Councll Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E Slifer. Mayor Lorelei Donaldson, Town Clark AT ("EST: INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 11th day ut July, 2006. LOfEIEI DUnHldson Tov'n GIerK CPAXLP Rodney E. Slifer, Mayor 24~ ATTEST: Rrblshed in the Vall Daily July 15, 2006.