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HomeMy WebLinkAbout2025-15 An Ordinance Amending Title 12 of the Vail Town Code to Create the Vail Village Inn (VVI) Zone District and Making Corresponding Edits to Other Sections of Title 121 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX ORDINANCE NO. 15 SERIES 2025 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO CREATE THE VAIL VILLAGE INN (VVI) ZONE DISTRICT AND MAKING CORRESPONDING EDITS TO OTHER SECTIONS OF TITLE 12 WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending provisions of Title 12 of the Vail Town Code; and WHEREAS, on June 15 and June 23, 2025, the Planning and Environmental Commission (the "PEC") held properly-noticed public hearings on proposed amendments to Title 12 to add a new zone district and make corresponding edits to other sections of Title 12; and WHEREAS, on July 15, 2025, the Town Council held a properly-noticed public hearing on the proposed amendments. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of Site Coverage contained in Section 12-2-2 of the Vail Town Code is repealed in its entirety and reenacted as follows: SITE COVERAGE. The ratio of the total building area of a site to the total area of a site, expressed as a percentage, subject to the following: (1) portion of a site occupied by a building, carport, portecochere, arcade or covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. (2) A balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. (3) Building area shall also include any portion of roof overhangs, eaves, covered stairs, covered decks, covered porches, covered terraces and covered patios that extend more than four (4) feet from the exterior face of the perimeter building walls or supporting columns. (4) In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 zone districts, below-grade improvements are not included in the calculation of site coverage. 2 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX Section 2. Section 12-4-1 of the Vail Town Code is hereby amended by the addition of a new subsection (FF), to read as follows: (FF) Vail Village Inn (VVI) District. Section 3. Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 7K, to read as follows: ARTICLE 7K: VAIL VILLAGE INN (VVI) DISTRICT 12-7K-1 INTENT AND PURPOSE. (A) The Vail Village Inn (VVI) zone district is intended to provide sites for general shopping and commercial facilities serving the Town, together with multi-family dwelling units and lodge and accommodation uses as may be appropriate. (B) The purpose of this Article is intended to ensure adequate light, air, open space and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient pedestrian environment for permitted commercial uses. 12-7K-2 PERMITTED USES; BASEMENT OR GARDEN LEVEL. The following uses shall be permitted in the basement or garden level of a building: (1) Accommodation units; (2) Attached accommodation units: (3) Banks and financial institutions; (4) Commercial ski storage/ski clubs; (5) Conference facilities and meeting rooms; (6) Eating and drinking establishments; (7) Employee housing units, subject to Chapter 13 of this Title 12; (8) Fractional fee clubs, timeshare, and fractional units; (9) Liquor stores; (10) Lodge dwelling units; (11) Multi-family residential dwelling units; (12) Personal services and repair shops; (13) Private clubs; (14) Professional offices, business offices and studios; (15) Recreation facilities; (16) Religious institutions; 3 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (17) Retail establishments; and (18) Spa facilities. 12-7K-3 PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL. (A) Permitted uses. The following uses shall be permitted on the first floor or street level of a building: (1) Banks and financial institutions; (2) Conference facilities and meeting rooms; (3) Eating and drinking establishments; (4) Liquor stores; (5) Multi-family residential dwelling units and lodge dwelling unit that do not front upon a retail pedestrian corridor; (6) Personal services and repair shops; (7) Recreation facilities; (8) Religious institutions; and (9) Retail establishments. (B) Conditional uses. The following uses shall be permitted on the first floor or street level floor of a building, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Accommodation units; (2) Attached accommodation units; (3) Employee housing units, subject to Chapter 13 of this Title 12; (4) Multi-family residential dwelling units (5) Lodge dwelling units; (6) Fractional fee clubs, timeshares, and fractional units; (7) Private clubs; and (8) Professional offices, business offices and studios. 12-7K-4 PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE. (A) Permitted uses. The following uses shall be permitted on any floor above the first floor of a building: (1) Accommodation units; (2) Attached accommodation units; (3) Employee housing units, subject to Chapter 13 of this Title 12; 4 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (4) Multiple-family residential dwelling units; (5) Lodge dwelling units; (6) Fractional fee clubs, timeshare, and fractional units; and (7) Religious institutions. (B) Conditional uses. The following uses shall be permitted on any floor of a building above the first floor, subject to the issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Banks and financial institutions; (2) Conference facilities and meeting rooms; (3) Eating and drinking establishments; (4) Liquor stores; (5) Personal services and repair shops; (6) Private clubs; (7) Professional offices, business offices and studios; (8) Recreation facilities; (9) Retail establishments; and (10) Spa facilities. 12-7K-5 CONDITIONAL USES. The following conditional uses shall be permitted on any floor of a building, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Child daycare centers; (2) Communications antennas and appurtenant equipment; (3) Public or private parking structures; (4) Public buildings, grounds and facilities; (5) Public park and recreation facilities; and (6) Public utility and public service uses. 12-7K-6 ACCESSORY USES. The following accessory uses shall be permitted: (1) Home occupations, subject to issuance of a home occupation permit pursuant to § 12-14-12; (2) Swimming pools, tennis courts, patios, and other recreation facilities customarily incidental to residential or lodge uses; and 5 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (3) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. 12-7K-7 LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. 12-7K-8 SETBACKS. (A) The minimum front, side, and rear setbacks shall be ten (10) feet. (B) At the discretion of the PEC or the DRB, variations to the prescribed setbacks may be approved during the review of a major exterior alteration if the proposed setbacks: (1) Provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (2) Comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; (3) Provide adequate light, air and open space; (4) Are compatible with buildings and uses on adjacent properties; and (5) Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed setbacks. 12-7K-9 HEIGHT. (A) For a structure with a flat or mansard roof, the maximum height shall be forty-five (45) feet. (B) For a structure with a sloping roof, the maximum height shall be forty- eight (48) feet. 12-7K-10 DENSITY. There shall be no limitation on the number of dwelling units per acre. 12-7K-11 GROSS RESIDENTIAL FLOOR AREA. Up to one hundred sixty-five (165) square feet of gross residential floor area (GRFA) is permitted for each one hundred (100) square feet of lot area. 12-7K-12 SITE COVERAGE. Site coverage shall not exceed sixty percent (60%) of the total lot area. 12-7K-13 LANDSCAPING. (A) At least thirty percent (30%) of the total lot area shall be landscaped. (B) The PEC or the DRB may approve variations to the prescribed landscape area during the review of a major exterior alteration if the proposed landscape design: 6 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (1) Is consistent with the Vail Village Master Plan; (2) Complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; and (3) Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed landscape area. 12-7K-14 PARKING AND LOADING. (A) Off-street parking shall be provided in accordance with Chapter 10 of this Title 12, except that additional on-site parking generated by changes to commercial uses or expansions of floor area of existing commercial uses may pay into the Parking Fund established by §12-10-16(B) in lieu of providing such parking. (B) No additional loading facilities are required, but there shall be no reduction of existing loading facilities. 12-7K-15 LOCATION OF BUSINESS ACTIVITY. (A) All uses shall be operated and conducted entirely within a building except for: permitted parking and loading areas; the outdoor display of goods; and such activities that are specifically authorized to be unenclosed by a conditional use permit. (B) The area to be used for an outdoor display of goods shall be located directly in front of the establishment displaying the goods and entirely upon private property. An outdoor display of goods shall not obstruct sidewalks, building entrances or exits, driveways, or streets. (C) For purposes of this Section, "conducted entirely within a building" means that all activities related to the use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. 12-7K-16 MAJOR EXTERIOR ALTERATIONS. (A) Applicability: A major exterior alteration includes: construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, or timeshare units; any project adding more than one thousand (1,000) square feet of commercial floor area or common space; or any project which has substantial off site impacts, as determined by the Administrator. (B) Application: (1) The application shall be submitted by the owner of the building or their authorized representative on a form provided by the Town. An application for a unit within a building with an owners' association shall be authorized by the association. 7 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (2) The Administrator shall maintain a complete list of the application submittal requirements, and may waive certain submittal requirements if the applicant demonstrates that the information and materials required are not relevant to the application. The Administrator may also require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the application. (C) Planning and Environmental Commission ("PEC") review: (1) The PEC shall hold a public hearing on the application in accordance with § 12-3-6. (2) At the public hearing, the applicant must prove by a preponderance of the evidence that the proposed exterior alteration complies with this Article and applicable elements of the Vail Village Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood. (3) Following the public hearing, the PEC may approve the application as submitted, approve the application with conditions or modifications, or deny the application. (D) Design Review Board ("DRB") review: Following PEC approval, the application shall be reviewed by the DRB pursuant to Chapter 11 of this Title 12. (E) Lapse of approval: (1) Failure to receive DRB approval within two (2) years after the date of PEC approval shall void the PEC approval. (2) Failure to commence construction under a valid building permit within two (2) years after the date of DRB approval shall void the DRB approval. (3) Administrative extensions shall be allowed for reasonable and unexpected delays if regulations affecting the application have not changed. 12-7K-17 MINOR EXTERIOR ALTERATIONS. The construction of a new building or the alteration of an existing building that is not a major exterior alteration shall be reviewed by the DRB pursuant to Chapter 11 of this Title 12. 12-7-K-18 NONCONFORMING USES, STRUCTURES, AND SITE IMPROVEMENTS. (A) Applicability: This Section shall apply to nonconforming uses, structures and site improvements in the VVI District in lieu of Chapter 18 of this Title 12. (B) Uses: 8 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (1) The use of a site or structure lawfully established prior to the effective date of the ordinance codified in this Article that does not conform to the use regulations prescribed by this Article may be continued, subject to this Section and provided that no such nonconforming use shall be enlarged to increase the site coverage or GRFA. Any subsequent reduction in site coverage or GRFA shall be deemed a new limitation, and the use shall not thereafter be enlarged to increase the site coverage or GRFA. (2) A nonconforming use shall not be changed to another nonconforming use. (3) Any nonconforming use that is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed, and any future use shall comply with this Article. (C) Structures and site improvements: (1) Structures and site improvements lawfully authorized by permits or regulations existing prior to the effective date of the ordinance codified in this Article that do not conform to the following may continue, subject to this Section: (a) Height; (b) Setbacks; and (c) Site coverage. (2) If a nonconforming structure or site improvement is destroyed by fire or disaster, the structure or site improvement may be reconstructed if the reconstruction is commenced within twelve (12) months and diligently pursued to completion. All new construction shall comply with all applicable codes regarding safety and construction in effect at the time of reconstruction. (D) Maintenance: Nonconforming uses, structures and site improvements may be maintained and repaired as necessary for convenience, safety and efficiency, provided that the maintenance or repair does not increase the nonconformity. Section 4. The table in Section 12-13-4 of the Vail Town Code is hereby amended by the addition of "Vail Village Inn (VVI)" to the column entitled "Zoning Districts Permitted by Right" for the rows entitled "Type lll", "Type Vll-CL", and "Type Vll-IZ". Section 5. Section 12-15-2 of the Vail Town Code is hereby amended by the addition of "VVI Vail Village Inn" to the column entitled "Zone Districts", and by the addition of "no limitation" to the column entitled "GRFA Ratio". Section 6. Section 12-23-1(B) of the Vail Town Code is hereby amended by the addition of a new subsection (17), to read as follows: 9 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (17) Vail Village Inn (VVI). Section 7. Section 12-24-1(B) of the Vail Town Code is hereby amended by the addition of a new subsection (19), to read as follows: (19) Vail Village Inn (VVI). ______________, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _____________________________ Travis Coggin, Mayor 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 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 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 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 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 __________, 1_5 t_h day of __J_ul_y 2025 and a public hearing for second reading of this Ordinance set for the __5 _th_day of August 7th August 10 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX ATTEST: ____________________________ Stephanie Kauffman, Town Clerk