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Home My WebLink About2016-27PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 27 Series of 2016, on the Town of Vail's web site, www.vailqov.com, on the 5t" day of October, 2016. Witness my hand and seal this 5t" day of October, 2016. Tammy Nagel Deputy Clerk ORDINANCE NO. 27 SERIES 2016 AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS, 12-11: DESIGN REVIEW, 12-14: SUPPLEMENTAL REGULATIONS, 12-15: GROSS RESIDENTIAL FLOOR AREA, 12-16: CONDITIONAL USE PERMITS AND 12-17: VARIANCES, RELATED TO THE JOINT PROPERTY OWNER SUBMITTAL REQUIREMENT WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on September 12, 2016 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is 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; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes 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. Section 12-2-2 of the Vail Town Code is hereby amended as follows: Sec. 12-2-2: Definitions of Words and Terms DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectivelv share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containina two dwellina units, a condominium complex of one (1) or more buildings or a multi -unit townhome stvle development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. Section 2. Section 12-11-4 of the Vail Town Code is hereby amended as follows: Ordinance No. 27, Series of 2016 12-11-4: Materials to be Submitted, Procedure B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: d. Application form. ssoGiat onl or ;o;nfh, Mth other nronerh, owners uGh s d4yeways A,45 parGe�s oF G paFGels in duple* subdivisions, by way of example and no /;m Cation the wr;ffen approval of the other mmperh, owner owners er onnliGabie owpero' asseGiOtien shall he requ4:ed. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: Form And Fee: Application form and appropriate fee. If the proper.„ ;s subdivisions, by way of e*ample and not limitation, the wr4tten approval of the other property om7er, owners or onn/;ooh/e on,nero0000niofion shell he required. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Ordinance No. 27, Series of 2016 Section 3. Section 12-14-18 of the Vail Town Code is hereby amended as follows: Sec. 12-14-18: Bed and Breakfast Operations. A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the w6tten approval of the ether property owner owners er applicable ewpers' asseniatien shah he requiFerl to be submitted with the application for a conditional use permit. Section 4. Section 12-15-4 of the Vail Town Code is hereby amended as follows: 12-15-4: Interior Conversions D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi- family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is ow-nerl ;n GOMMOn /nondem;n um assen;at;en► or ;e #4t with ether proners oa,nh as d4veways, A,4E3 parGeis or G parcels ; piex subdiWsions by way 0 ample, apd not limitation, property the wr4tten approval of the other owner , owners or applinable owners' asson;at on shall he Rey uiPe-d If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include. - Section 5. Section 12-15-5 of the Vail Town Code is hereby amended as follows: 12-15-5: Additional Gross Residential Floor Area (250 Ordinance): Ordinance No. 27, Series of 2016 E. Procedure: Application; Content: Application shall be made on forms provided by the department of community development. If the nr^nor+„is owned in nnmmnn ilgye yaws or G parcels duplex s„ divisions by way of example,and a owners e annliGahle oInyners' association shall he required. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: Section 6. Section 12-16-2 of the Vail Town Code is hereby amended as follows: 12-16-2: Application; Contents: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: HIf the mperhy is owned in common /nondemini„m associa" or jointly ,nyith . rr�-rr��rvlvcrcJ+--ram--v v�rrca�rrrcvrrn-, �vrrTcv v cr�crvi-r�--vr7vrrrcry--vvr�rr subdivisions, by way of example and not limitation, w4tten approval f the other property owner owners or o ny&.mac ' &-sagGiaattion shall e requiredlf the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 7. Section 12-17-2 of the Vail Town Code is hereby amended as follows: 12-17-2: Application Information Required: Application for a variance shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information.- G. if the propedy �s owned in Ordinance No. 27, Series of 2016 and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 9. 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 10. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 11. 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 4t" day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 18th day of October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 2016. Dave Chapin, Mayor Ordinance No. 27, Series of 2016 ATTEST: Patty McKenny, Town Clerk Ordinance No. 27, Series of 2016 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 27 Series of 2016, on the Town of Vail's web site, www.vailqov.com, on the 19t" day of October, 2016. Witness my hand and seal this 19t" day of October, 2016. Tammy Nagel Deputy Clerk ORDINANCE NO. 27 SERIES 2016 AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS, 12-11: DESIGN REVIEW, 12-14: SUPPLEMENTAL REGULATIONS, 12-15: GROSS RESIDENTIAL FLOOR AREA, 12-16: CONDITIONAL USE PERMITS AND 12-17: VARIANCES, RELATED TO THE JOINT PROPERTY OWNER SUBMITTAL REQUIREMENT WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on September 12, 2016 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is 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; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes 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. Section 12-2-2 of the Vail Town Code is hereby amended as follows: Sec. 12-2-2: Definitions of Words and Terms DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectivelv share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containina two dwellina units, a condominium complex of one (1) or more buildings or a multi -unit townhome stvle development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. Section 2. Section 12-11-4 of the Vail Town Code is hereby amended as follows: 1 12-11-4: Materials to be Submitted, Procedure B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: d. Application form. ssoGiat onl or ;o;nfh, Mth other nronerh, owners uGh s d4yeways A,45 parGe�s oF G paFGels in duple* subdivisions, by way of example and no /;mhofion the wr;ffen approval of the other mmperh, owner owners er onnliGabie owpero' asseGiOtien shall he requ4:ed. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: Form And Fee: Application form and appropriate fee. If the proper.„ ;s subdivisions, by way of e*ample and not limitation, the wr4tten approval of the other property om7er, owners or onn/;ooh/e on,nero0000niofion shell he required. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. 2 Section 3. Section 12-14-18 of the Vail Town Code is hereby amended as follows: Sec. 12-14-18: Bed and Breakfast Operations. A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the w6tten approval of the ether property owner owners er applicable ewpers' asseniatien shah he requiFerl to be submitted with the application for a conditional use permit. Section 4. Section 12-15-4 of the Vail Town Code is hereby amended as follows: 12-15-4: Interior Conversions D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi- family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the prepe41, is ow-nerl ;n y+ommon /nondem;n um assen;at;en► or ;e #4t with ether proners oa,nh as d4yeways /1/R narnels or G arGe/c%pig by 0 ample apd not limitation the wr4tten approval of the other property owner , , , owners or apelinable owners' asson;at on shall he Rey uiPe-d If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include. - Section 5. Section 12-15-5 of the Vail Town Code is hereby amended as follows: 12-15-5: Additional Gross Residential Floor Area (250 Ordinance): 3 E. Procedure: Application; Content: Application shall be made on forms provided by the department of community development. If the nr^nor+„is owned in nnmmnn Fri- veiparcelsduplex s„ divisions by way of example,and a owners e annliGahle oInyners' association shall he required. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: Section 6. Section 12-16-2 of the Vail Town Code is hereby amended as follows: 12-16-2: Application; Contents: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: HIf the mperhy is owned in common /nondemini„m associa" or jointly ,nyith . rr�-rr��rvlvcrcJ+--ram--v v�rrca�rrrcvrrn-, �vrrTcv v cr�crvi-r�--vr7vrrrcry--vvr�rr subdivisions, by way of example and not limitation, w4tten approval f the other property owner owners or o ny&.mac ' &-sagGiaattion shall e requiredlf the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 7. Section 12-17-2 of the Vail Town Code is hereby amended as follows: 12-17-2: Application Information Required: Application for a variance shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information.- G. if the propedy �s owned in 12 and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 9. 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 10. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 11. 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 4th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 18th day of October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of October, 2016. Dave Chapin, Mayor 5 ATTEST: Patty McKenny, Town Clerk