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HomeMy WebLinkAbout2024-06 An Ordinance Amending Title 12 and 14 of the Vail Town Code to Rename the Current Housing and Housing-2 Zone Districts and to Establish a New Community Housing Zone District1 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX ORDINANCE NO. SERIES 2024 AN ORDINANCE AMENDING TITLE 12 AND TITLE 14 OF THE VAIL TOWN CODE TO RENAME THE CURRENT HOUSING AND HOUSING-2 ZONE DISTRICTS AND TO ESTABLISH A NEW COMMUNITY HOUSING ZONE DISTRICT AND AMENDING THE TOWN'S ZONING MAP ACCORDINGLY WHEREAS, the Town's economy is largely tourist based and the health of its economy is premised on exemplary service for the Town's guests, and the Town's ability to provide such service is dependent upon a strong, high quality and consistently available work force; WHEREAS, to achieve such a work force, the Town desires to promote community housing options available to the workforce of the Town; and WHEREAS, the Town desires to add a new community housing district and rename the two current housing districts to further achieve this goal. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-4-1 of the Vail Town Code is hereby amended as follows: § 12-4-1. DESIGNATED. The following zone districts are established: (A) Hillside Residential (HR) District; (B) Single-Family Residential (SFR) District; (C) Two-Family Residential (R) District; (D) Two-Family Primary/Secondary Residential (PS) District; (E) Residential Cluster (RC) District; (F) Low Density Multiple-Family (LDMF) District; (G) Medium Density Multiple-Family (MDMF) District; (H) High Density Multiple-Family (HDMF) District; (I) West Vail Multi-Family (WVMF) Overlay District; (I) Housing (H) District; (J) Community Housing 1 (CH-1) District; (K) Community Housing 2 (CH-2) District; 2 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (L) Community Housing 3 (CH-3) District; (M) Vail Village Townhouse (VVT) District; (K)(N) Public Accommodation (PA) District; (L)(O) Commercial Core 1 (CC1) District; (M)(P) Commercial Core 2 (CC2) District; (N)(Q) Commercial Core 3 (CC3) District; (O)(R) Commercial Service Center (CSC) District; (P)(S) Arterial Business (ABD) District; (Q)(T) Heavy Service (HS) District; (R)(U) Lionshead Mixed Use 1 (LMU-1) District; (S)(V) Lionshead Mixed Use 2 (LMU-2) District; (T)(W) Public Accommodation-2 (PA-2) District; (U)(X) Agricultural and Open Space (A) District; (V)(Y) Outdoor Recreation (OR) District; (W)(Z) Natural Area Preservation (NAP) District; (X)(AA) Ski Base/Recreation (SBR) District; (Y)(BB) Ski Base/Recreation 2 (SBR2) District; (Z)(CC) Special Development (SDD) District; (AA)(DD) Parking (P) District; and (BB)(EE) General Use (GU) District. Section 2. Article 6I of Title 12 of the Vail Town Code is hereby repealed in its entirety. Section 3. Article 6L of Title 12 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: ARTICLE 12-6L. COMMUNITY HOUSING-1 (CH-1) DISTRICT. § 12-6L-1. PURPOSE. The Community Housing-1 (CH-1) District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts . This zone district allows flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The CH-1 District is intended to ensure that employee housing is appropriately located 3 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX and designed to meet the needs of residents of the Town , to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. § 12-6L-2. PERMITTED USES. The following uses are permitted in the CH-1 District: (A) Bicycle and pedestrian paths; (B) Wireless communications facilities; (C) Employee housing units; (D) Passive outdoor recreation areas and open space; (E) Public buildings, grounds and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. § 12-6L-3. CONDITIONAL USES. The following conditional uses are permitted in the CH-1 District, subject to issuance of a conditional use permit: public and private schools. § 12-6L-4. ACCESSORY USES. The following accessory uses are permitted in the CH-1 District: (A) Home occupations, subject to issuance of a home occupation; (B) Childcare facilities; (C) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; (D) Dwelling units other than employee housing units, if: (1) Such dwelling units are created solely for the purpose of subsidizing employee housing on the property; (2) Such dwelling units are not the primary use of the property; (3) The GRFA for such dwelling units does not exceed thirty percent (30%) of the total GRFA constructed on the property; (4) Such dwelling units are only created in conjunction with employee housing; and (5) Such dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. 4 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (E) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6L-5. SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6L-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are enclosed, site coverage may be increased to sixty-five percent (65%). § 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6L-8. LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. § 12-6L-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet. For a sloping roof, the height of buildings shall not exceed forty-three (43) feet. § 12-6L-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6L-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6L-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit. Applications shall include: number and layout of parking spaces being provided onsite; details of any offsite parking being provided; details of bicycle parking provided onsite; and provisions for guest parking and assigned parking spaces. § 12-6L-13. MOBILITY. (A) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (B) Mobility Management Plan . The Mobility Management Plan shall include: 5 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Covered/protected/secured bike parking/storage; (6) Provisions for guest parking and management; (7) Provisions for seasonal variations; and (8) Provisions for off-site vehicle storage, which may be located at any distance from the site. (C) Review criteria. To be approved, a Mobility Management Plan shall: (1) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (a) Hierarchy of bus routes (regional vs. local); (b) Proximity to job centers; and (c) Proximity to commercial areas. (2) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs. (D) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (1) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. (2) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (3) Personal vehicles shall not be parked in the public right-of- way. (4) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved site plan. (5) At no time shall parking extend into required drive aisles. 6 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (7) Bike parking shall be maintained at all times in a clean, safe and functional condition. (E) Reporting. For the first two (2) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (1) Number of occupied units and number of residents per unit; (2) Usage of mobility services; (3) Results of surveys of residents concerning parking; (4) Reports of any code enforcement/fire/parking complaints; and (5) A parking utilization study during summer and winter. (F) Amendments. Amendments to an approved Mobility Management Plan shall be submitted to the Planning and Environmental Commission Meeting for approval at a public hearing in accordance with § 12-3-6. Section 4. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6M to read as follows: ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT. § 12-6M-1. PURPOSE. The CH-2 District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. The CH-2 District provides flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The CH-2 District is intended to ensure that employee housing is appropriately located and designed to meet the needs of Town residents, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. The CH-2 District is intended to apply to properties located in areas developed with low- to medium-density residential uses. § 12-6M-2. PERMITTED USES. The following uses are permitted in the CH-2 District: (A) Bicycle and pedestrian paths; (B) Wireless communication facilities ; 7 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (C) Employee housing units; (D) Passive outdoor recreation areas, and open space; (E) Public buildings, grounds, and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. § 12-6M-3. CONDITIONAL USES. The following conditional uses are permitted in the CH-2 District, subject to issuance of a conditional use permit: (A) Public and private schools; and (B) Commercial uses which are secondary and incidental to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: (1) Automated teller machines; (2) Banks and financial institutions; (3) Business offices and professional offices; (4) Eating and drinking establishments; (5) Funiculars and other similar conveyances; (6) Health clubs; (7) Personal services, including without limitation laundromats, beauty and barber shops, tailor shops and similar services; and (8) Retail stores and establishments. § 12-6M-4. ACCESSORY USES. The following accessory uses are permitted in the CH-2 District: (A) Home occupations, subject to issuance of a home occupation permit; (B) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; (C) Childcare facilities; (D) Dwelling units other than employee housing units if such dwelling units: (1) Are created solely for the purpose of subsidizing employee housing on the property; 8 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (2) Are not the primary use of the property; (3) Do not exceed thirty percent (30%) of the total GRFA constructed on the property; and (4) Are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. (E) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6M-5. SETBACKS. The minimum front setback shall be twenty (20) feet , the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6M-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are underground or enclosed, site coverage may be increased to sixty-five percent (65%). § 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6M-8. LOT AREA. The minimum lot area shall be ten thousand (10 ,000) square feet. § 12-6M-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed forty- five (45) feet. For a sloping roof, the height of buildings shall not exceed fifty-three (53) feet. § 12-6M-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6M-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6M-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit or employee housing unit , which represents all parking, including visitor parking. Applications shall include the number and layout of onsite parking spaces; details of any offsite parking being provided; onsite bicycle parking; provisions for guest parking; and assigned parking spaces. 9 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX § 12-6M-13. MOBILITY. (A) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (B) Mobility Management Plan . The Mobility Management Plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Covered/protected/secured bike parking/storage; (6) Provisions for guest parking and management; (7) Provisions for seasonal variations; and (8) Provisions for off-site vehicle storage, which may be located at any distance from the site. (C) Review criteria. To be approved, a Mobility Management Plan shall: (1) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (a) Hierarchy of bus routes (regional vs. local); (b) Proximity to job centers; and (c) Proximity to commercial area. (2) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs. (D) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (1) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. 10 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (2) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (3) Personal vehicles shall not be parked in the public right-of- way. (4) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved development plan. (5) At no time shall parking extend into required drive aisles. (6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (7) Bike parking shall be maintained at all times in a clean, safe and functional condition. (E) Reporting. For the first two (2) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (1) Number of occupied units and number of residents per unit; (2) Usage of mobility services; (3) Results of survey of residents concerning parking; (4) Reports of any code enforcement complaints; and (5) A parking utilization study during summer and winter. (F) Amendments. Amendments to an approved Mobility Management Plan shall be submitted to the Planning and Environmental Commission Meeting for approval at a public hearing in accordance with § 12-3-6. § 12-6M-14. LOCATION OF BUSINESS ACTIVITY. (A) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Section 5. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6N to read as follows: 11 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX ARTICLE 6N. COMMUNITY HOUSING-3 (CH-3) DISTRICT. § 12-6N-1. PURPOSE. The CH-3 District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. The CH-3 District provides flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The CH-3 District is intended to ensure that employee housing is appropriately located and designed to meet the needs of Town residents, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. The CH-3 District is intended to apply to properties located in high-density residential or mixed- use areas. § 12-6N-2. PERMITTED USES. The following uses are permitted in the CH-3 District: (A) Bicycle and pedestrian paths; (B) Wireless communication facilities ; (C) Employee housing units; (D) Passive outdoor recreation areas, and open space; (E) Public buildings, grounds and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. § 12-6N-3. CONDITIONAL USES. The following conditional uses are permitted in the CH-3 District, subject to issuance of a conditional use permit: (A) Public and private schools; and (B) Commercial uses which are secondary and incidental to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: (1) Automated teller machines; (2) Banks and financial institutions; (3) Business offices and professional offices; 12 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (4) Eating and drinking establishments; (5) Funiculars and other similar conveyances; (6) Health clubs; (7) Personal services, including without limitation laundromats, beauty and barber shops, tailor shops and similar services; and (8) Retail stores and establishments. § 12-6N-4. ACCESSORY USES. The following accessory uses are permitted in the CH-3 District: (A) Home occupations, subject to issuance of a home occupation permit; (B) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; (C) Childcare facilities; (D) Dwelling units other than employee housing units, if such dwelling units: (1) Are created solely for the purpose of subsidizing employee housing on the property; (2) Are not the primary use of the property; (3) Do not exceed thirty percent (30%) of the total GRFA constructed on the property; and (4) Are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties; and (E) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6N-5. SETBACKS. The minimum front setback shall be twenty (20) feet , the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6N-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are underground or enclosed, site coverage may be increased to sixty-five percent (65%). § 12-6N-7. LANDSCAPING AND SITE DEVELOPMENT. 13 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6N-8. LOT AREA. The minimum lot area shall be ten thousand (10 ,000) square feet. § 12-6N-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed seventy (70) feet. For a sloping roof, the height of buildings shall not exceed eighty-two and a half (82.5) feet. § 12-6N-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6N-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6N-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit or employee housing unit , which represents all parking, including visitor parking. Applications shall include number and layout of onsite parking spaces; details of any offsite parking being provided; onsite bicycle parking; provisions for guest parking; and assigned parking spaces. § 12-6N-13. MOBILITY. (A) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (B) Mobility Management Plan . The Mobility Management Plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (3) A professionally produced parking study , unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Covered/protected/secured bike parking/storage; (6) Provisions for guest parking and management; (7) Provisions for seasonal variations; and 14 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (8) Provisions for off-site vehicle storage, which may be located at any distance from the site. (C) Review criteria. To be approved, a Mobility Management Plan shall: (1) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (a) Hierarchy of bus routes (regional vs. local); (b) Proximity to job centers; and (c) Proximity to commercial area. (2) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs. (D) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (1) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. (2) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (3) Personal vehicles shall not be parked in the public right-of- way. (4) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved development plan. (5) At no time shall parking extend into required drive aisles . (6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (7) Bike parking shall be maintained at all times in a clean, safe and functional condition. (E) Reporting. For the first two (2) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development , including the following information: (1) Number of occupied units and number of residents per unit; (2) Usage of mobility services; (3) Results of survey of residents concerning parking; 15 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (4) Reports of any code enforcement complaints; and (5) A parking utilization study during summer and winter. (F) Amendments. Amendments to an approved Mobility Management Plan shall be submitted to the Planning and Environmental Commission Meeting for approval at a public hearing in accordance with § 12-3-6. § 12-6N-14. LOCATION OF BUSINESS ACTIVITY. (A) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Section 6. Section 12-13-3(E) of the Vail Town Code is hereby repealed in its entirety. Section 7. The table in Section 12-13-4 of the Vail Town Code is hereby amended as follows: a. By the deletion of "As governed by the management plan" from the "Ownership/Transference" column for Type VI; b. By the deletion of "As determined by the PEC" and addition of "NA" from the "Additional GRFA," "Additional Site Coverage/Reduced Landscape Area", "Garage Credit/Storage Requirement," "Minimum/Maximum GRFA of an EHU," and "Density" columns for Type VI; c. By the deletion of "Per Chapter 10 of this Title as a dwelling unit or a parking management plan Per Chapter 6, article I, "Housing (H) District," of this Title" and the addition of "as permitted by the zone district" from the "Parking" column for Type VI Employee Housing Units; and d. By the deletion of "Housing" and "Housing district" from the "Zoning Districts Permitted by Right" column under the rows for Type VI, Type VII-CL, Type VII-IZ, and the addition of "Community Housing-1, Community Housing-2, Community Housing-3" in the cells for the same. Section 8. The table in Section 12-15-2 of the Vail Town Code is hereby amended as follows: 16 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX a. By the deletion the third column "GRFA Credits (Added to results of Application of Percentage)"; b. By the deletion of the row entitled "H Housing"; and c. By the addition of the following new rows, to be inserted as the last three rows in the table: Zone Districts GRFA Ratio CH-1 No limitation CH-2 No limitation CH-3 No limitation Section 9. Section 12-15-3 of the Vail Town Code is hereby amended as follows: § 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS. * * * (B) Within the Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple- Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts, Community Housing 1 (CH-1), Community Housing 2 (CH-2), and Community Housing 3 (CH-3). * * * (C) Within all other districts except the Hillside Residential (HR), Single- Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts. Section 10. Section 12-16-7(B)(15) of the Vail Town Code is repealed in its entirety. Section 11. Section 12-21-10(D) of the Vail Town Code is hereby amended as follows: § 12-21-10 DEVELOPMENT RESTRICTED. 17 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX * * * (D) No structure shall be constructed on a slope of forty percent (40%) or greater except in the following zone districts: Housing (H), Single-Family Residential (SFR); Two-Family Residential (R); or Two-Family Primary/Secondary Residential (PS); or West Vail Multi-Family Overlay Districts; Community Housing 1 (CH-1); Community Housing 2 (CH- 2); or Community Housing 3 (CH-3). Section 12. Section 14-6-7(A)(1) of the Vail Town Code is hereby amended as follows: § 14-6-7 RETAINING WALLS. (A) General. (1) All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six (6) feet, except in the H or H-2 CH-1, CH-2, or CH-3 Districts, where retaining walls shall not exceed an exposed face height of fifteen (15) feet. Within a front setback, retaining walls shall not exceed an exposed face height of three feet, unless related to access to or development of a structure on excessive slopes (in excess of thirty percent (30%)). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits but shall be approved by the Design Review Board and shall meet the standards prescribed in § 14-10-3. * * * Section 13. Chapter 8 of Title 14 of the Vail Town Code is hereby repealed in its entirety. Section 14. Section 14-10-9(E) of the Vail Town Code is hereby amended as follows: § 14-10-9 FENCES, HEDGES, WALLS AND SCREENING. * * * (E) Height limitations. Fences, hedges, walls and landscaping screens shall not exceed three (3) feet in height within any required front setback area and shall not exceed six (6) feet in height in any other portion of the site, except in the Community Housing-1 (CH-1), Community Housing- 2 (CH-2), and Community Housing 3 (CH-3) Districts where retaining walls shall not exceed an exposed face height of fifteen (15) feet . Higher fences, hedges, walls or landscaping screens may be authorized by 5/28/2024 the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Section 15. The Town's zoning map shall be updated to rename the current Housing (H) and Housing-2 (H-2) zone districts to Community Housing-3 (CH-3) and Community Housing-1 (CH-1) respectively. Section 16. 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 17. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health,safety and welfare of the Town and the inhabitants thereof. Section 18. 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 19. 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 day of , 2024 and a public hearing for second reading of this Ordinance set for the day of , 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, MayorATTEST: ____________________________ Stephanie Kauffman, Town Clerk 18 19 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk