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HomeMy WebLinkAbout2025-27 An Ordinance Amending Chapter 7 of Title 12 of the Vail Town Code Regarding the Conversion of Eating and Drinking EstablishmentsORDINANCE NO. 27 SERIES 2025 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL TOWN CODE REGARDING THE CONVERSION OF EATING AND DRINKING ESTABLISHMENTS WHEREAS, the Lionshead Redevelopment Master Plan encourages pedestrian- friendly environments with a sense of place and vibrancy; WHEREAS, the Vail Village Master Plan encourages activity that provides night life and evening entertainment; WHEREAS, the Vail 5-Year Strategic Plan emphasizes the importance of pedestrian-oriented uses that support nightlife and promote the vibrancy of Lionshead and Vail Village; WHEREAS, this ordinance is intended to promote the goals established in the adopted Master Plans by reducing the conversion of eating and drinking establishments in Lionshead and Vail Village; WHEREAS, eating and drinking establishments are critical to the Town's economy, and are necessary to ensure that Lionshead and Vail Village are pedestrian-friendly environments that provide nightlife and evening entertainment; WHEREAS, applications to convert eating and drinking establishments into any other commercial use do not promote the Master Plan goals in the same manner; WHEREAS, other commercial uses including retail establishments do not foster the same sense of place and purpose as eating and drinking establishments; WHEREAS, other commercial uses, including retail establishments, do not provide nightlife or evening entertainment; WHEREAS, on June 3, 2025, the Town Council adopted Ordinance No. 13, Series 2025, which temporarily suspended the acceptance and processing of applications, the scheduling of public hearings, and the issuance of building permits related to the conversion of any existing eating and drinking establishment to any other permitted or conditional use in the SBR, SBR-2, CC-1, CC-2, LMU-1, LMU-2, and PA zone districts to allow the Town to develop code amendments that adequately address the conversion of existing eating and drinking establishments; and WHEREAS, the Town Council desires to limit the conversion of existing eating and drinking establishments in the Commercial Core 1 and Commercial Core 2 districts by requiring a conversion permit. 2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 7B of Title 12 of the Vail Town Code is hereby amended by the addition of the following new section: § 12-7B-21 CONVERSION OF EXISTING EATING AND DRINKING ESTABLISHMENTS. (A) Purpose. The purpose of this Section is to limit the conversion of existing eating and drinking establishments in the Commercial Core 1 (CC1) district to promote the goals of the Lionshead Redevelopment Master Plan and Vail Village Master Plan by increasing vibrancy and pedestrian activity in Lionshead and Vail Village. (B) Definition. For purposes of this Section, eating and drinking establishment means a premises where the principal use is the retail sale of (C) Applicability. (1) This Section shall apply to all eating and drinking establishments existing in the CC1 district on November 1, 2025, whether permitted by right or conditionally. (2) This Section shall not apply to the conversion of an eating and drinking establishment that received final approval from the Planning and Environmental Commission on or before November 1, 2025. (D) Permit required. A conversion of an existing eating and drinking establishment shall require a conversion permit in accordance with this Section. (E) Application. An application for a conversion permit shall be submitted to the Director of Community Development (the Director) on forms provided by the Town, along with the applicable application fee. (F) Criteria and decision. The Director shall issue a conversion permit upon a determination that one of the following criteria are met: (1) The conversion will not result in a net loss of total eating and drinking establishment interior square footage in the CC1 district, as demonstrated by evidence that the applicant has established a new eating and drinking establishment at a premises within the CC1 district with the same or greater interior square footage as the premises proposed for conversion; or (2) The conversion will occur at a premises with a prior eating and drinking establishment, and the premises has been vacant for at least 3 eighteen (18) consecutive months despite diligent efforts to establish a new eating and drinking establishment on the premises, as demonstrated by evidence that the applicant has publicly and reasonably advertised the premises, but no viable tenant exists. (G) Appeals. If the Director denies an application for a conversion permit, the Director shall send a written notice to the applicant. The applicant may appeal the Director's decision pursuant to Section 12-3-3.A. Section 2. Article 7C of Title 12 of the Vail Town Code is hereby amended by the addition of the following new section: § 12-7C-16 CONVERSION OF EXISTING EATING AND DRINKING ESTABLISHMENTS. (A) Purpose. The purpose of this Section is to limit the conversion of existing eating and drinking establishments in the Commercial Core 2 (CC2) district to promote the goals of the Lionshead Redevelopment Master Plan and Vail Village Master Plan by increasing vibrancy and pedestrian activity in Lionshead and Vail Village. (B) Definition. For purposes of this Section, eating and drinking establishment means a premises where the principal use is the retail sale of (C) Applicability. (1) This Section shall apply to all eating and drinking establishments existing in the CC2 district on November 1, 2025, whether permitted by right or conditionally. (2) This Section shall not apply to the conversion of an eating and drinking establishment that received final approval from the Planning and Environmental Commission on or before November 1, 2025. (D) Permit required. A conversion of any existing eating and drinking establishment shall require a conversion permit in accordance with this Section. (E) Application. An application for a conversion permit shall be submitted to the Director of Community Development (the Director) on forms provided by the Town, along with the applicable application fee. (F) Criteria and decision. The Director shall issue a conversion permit upon a determination that one of the following criteria are met: (1) The conversion will not result in a net loss of total eating and drinking establishment interior square footage in the CC2 district, as demonstrated by evidence that the applicant has established a new eating 4 and drinking establishment at a premises within the CC2 district with the same or greater interior square footage as the premises proposed for conversion; or (2) The conversion will occur at a premises with a prior eating and drinking establishment, and the premises has been vacant for at least eighteen (18) consecutive months despite diligent efforts to establish a new eating and drinking establishment on the premises, as demonstrated by evidence that the applicant has publicly and reasonably advertised the premises, but no viable tenant exists. (G) Appeals. If the Director denies an application for a conversion permit, the Director shall send a written notice to the applicant. The applicant may appeal the Director's decision pursuant to Section 12-3-3.A. Section 3. Article 7H of Title 12 of the Vail Town Code is hereby amended by the addition of the following new section: § 12-7H-19 CONVERSION OF EXISTING EATING AND DRINKING ESTABLISHMENTS. (A) Purpose. The purpose of this Section is to limit the conversion of existing eating and drinking establishments in the Lionshead Mixed Use 1 (LMU-1) district to promote the goals of the Lionshead Redevelopment Master Plan and Vail Village Master Plan by increasing vibrancy and pedestrian activity in Lionshead and Vail Village. (B) Definition. For purposes of this Section, eating and drinking establishment means a premises where the principal use is the retail sale of (C) Applicability. (1) This Section shall apply to all eating and drinking establishments existing in the LMU-1 district on November 1, 2025, whether permitted by right or conditionally. (2) This Section shall not apply to the conversion of an eating and drinking establishment that received final approval from the Planning and Environmental Commission on or before November 1, 2025. (D) Permit required. A conversion of any existing eating and drinking establishment shall require a conversion permit in accordance with this Section. (E) Application. An application for a conversion permit shall be submitted to the Director of Community Development (the Director) on forms provided by the Town, along with the applicable application fee. 5 (F) Criteria and decision. The Director shall issue a conversion permit upon a determination that one of the following criteria are met: (1) The conversion will not result in a net loss of total eating and drinking establishment interior square footage in the LMU-1 district, as demonstrated by evidence that the applicant has established a new eating and drinking establishment at a premises within the LMU-1 district with the same or greater interior square footage as the premises proposed for conversion; or (2) The conversion will occur at a premises with a prior eating and drinking establishment, and the premises has been vacant for at least eighteen (18) consecutive months despite diligent efforts to establish a new eating and drinking establishment on the premises, as demonstrated by evidence that the applicant has publicly and reasonably advertised the premises, but no viable tenant exists. (G) Appeals. If the Director denies an application for a conversion permit, the Director shall send a written notice to the applicant. The applicant may appeal the Director's decision pursuant to Section 12-3-3.A. Section 4. Article 7I of Title 12 of the Vail Town Code is hereby amended by the addition of the following new section: § 12-7I-19 CONVERSION OF EXISTING EATING AND DRINKING ESTABLISHMENTS. (A) Purpose. The purpose of this Section is to limit the conversion of existing eating and drinking establishments in the Lionshead Mixed Use 2 (LMU-2) district to promote the goals of the Lionshead Redevelopment Master Plan and Vail Village Master Plan by increasing vibrancy and pedestrian activity in Lionshead and Vail Village. (B) Definition. For purposes of this Section, eating and drinking establishment means a premises where the principal use is the retail sale of (C) Applicability. (1) This Section shall apply to all eating and drinking establishments existing in the LMU-2 district on November 1, 2025, whether permitted by right or conditionally. (2) This Section shall not apply to the conversion of an eating and drinking establishment that received final approval from the Planning and Environmental Commission on or before November 1, 2025. 6 (D) Permit required. A conversion of any existing eating and drinking establishment shall require a conversion permit in accordance with this Section. (E) Application. An application for a conversion permit shall be submitted to the Director of Community Development (the Director) on forms provided by the Town, along with the applicable application fee. (F) Criteria and decision. The Director shall issue a conversion permit upon a determination that one of the following criteria are met: (1) The conversion will not result in a net loss of total eating and drinking establishment interior square footage in the LMU-2 district, as demonstrated by evidence that the applicant has established a new eating and drinking establishment at a premises within the LMU-2 district with the same or greater interior square footage as the premises proposed for conversion; or (2) The conversion will occur at a premises with a prior eating and drinking establishment, and the premises has been vacant for at least eighteen (18) consecutive months despite diligent efforts to establish a new eating and drinking establishment on the premises, as demonstrated by evidence that the applicant has publicly and reasonably advertised the premises, but no viable tenant exists. (G) Appeals. If the Director denies an application for a conversion permit, the Director shall send a written notice to the applicant. The applicant may appeal the Director's decision pursuant to Section 12-3-3.A. Section 5. 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. Section6. 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 7. The amendment of any provision of the Vail 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer 7 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 , 2025 and a public hearing for second reading of this Ordinance set for the day of , 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauf n, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk