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Home My WebLink AboutPEC080021` f t ! � ` � ° � _l i 1_ -`�-��'- " ,,,f'' �t D�partm�nt of Gor�munity O�v�ri�pment r�� w �� ?5 so�th �r�ntage Road, Vail, Co�orado 81�557 tet: 9��.4�9,2139 f�x; J70.47�.2�452 ��a�;��-��,��= vu�b. www+.vailq�rnr.com Project Name: CUP TEXT AMENDMENTS PEC Number: PEC080021 Project Description: TEXT AMENDMENT TO CHAPTER 12-16, CONDITIONAL USE PERMITS TO ALLOW FOR THE ADMINISTRATIVE REVIEW AND APPROVAL OF SPECIFIC USES Participants: OWNER VAIL COLORADO MUNICIPAL BLDG 04/10/2008 75 S FRONTAGE RD VAIL CO 81657 APPLICANT TOWN OF VAIL 04/10/2008 75 SOUTH FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: TEXT AMENDMENTS Legal Description: Lot: Block: Subdivision: Parcel Number: 2101-064-0000-3 Comments: Town Councii second reading Motion By: Daly Second By: Rogers Vote: 7-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 07/15/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Bill Gibson PEC Fee Paid: $1,300.00 o� Zoning Code Amendments Appl�cation for Review by the . Planning and Environmental Commission � Department of Community Development �� 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax:970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: � ■ � ■ �I ■ �' ■ Rezoning Major Subdivision Minor Subdivision Exemption Plat Minor Amendment to an SDD New Special Development District Major Amendment to an SDD Major Amendment to an SDD (no exterior modifications) $1300 $1500 $650 $650 $1000 $6000 $6000 $1250 i ■ ■ ■ ■ ■ q ■ ■ Conditional Use Permit Floodplain Modification Minor Exterior Alteration Major Exterior Alteration Development Plan Amendment to a Development Plan Zoning Code Amendment Variance Sign Variance $650 $400 $650 $800 $1500 $250 $1300 $500 $200 Description of the Request: Amr,�.dm�s �e CA�.fu lL-1G� C�v�.d,<.�,1.�..1 us� �r.rw�+�s. {a cl.i�a w�ol 'fhc_. I-Ft[rm � N� S�i�T ��r e. �(`W 7u,r G.w.� G' a� ec.�'�c l.�sGS Location of the Proposal: Lot: N�b Block:�� Subdivision:_T/q Physical Address:�n►L ) i5 S� .Fre►.�tw� � Parcel No.: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Name(s) of Owner(s): %�w� a� U�:1 Mailing Address: 7S 5�,� �ewF , � Phone: y?y- 2��3 Owner(s) Signature(s): �c � Name of Applicant: �ow,� e� 1%�: Mailing Address: � �s ada�rc, Phone: • E-mail Address: For Office Use Only: Fee Paid: �J��vcd Check No.:�_ By: Meeting Date: PEC s�jz�� PEC No.: C —�n� 1 Planner: $G —T Project No.: � " O F1LE COPY MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 15, 2008 �� SUBJECT: Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC089�9�-) �02� � Applicant: Town of Vail, Planner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: • Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, • Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts Commercial Service Center, Housing and the Public Accommodation District (Vail Village and West Vail areas); and, • Allowing amendments to conditional use permits to be reviewed administratively. II. BACKGROUND At its June 23, 2008, public hearing, the Planning and Environmental Commission forwarded a recommendation of approval for Ordinance No. 12, Series of 2008, by a vote of 6-0-0. At its July 1, 2008, public hearing, the Town Council approved the first reading of Ordinance No. 12, 2008, by a vote of 43-0 (Foley, Daly, and Hitt opposed). Staff firmly believes that minor amendments to an existing conditional use permiYs conditions of approval can and should be reviewed administratively, again with the Planning and Environmental Commission and Town Council having oversight and "call- up" authority over such an administrative action. The vast majority of those conditions �. .'�'�`,r /� � � � � � � � � � � � F JiT / 1 i�,� � �� y�.►' �, imposed up�;the conditional uses within the Town were originally drafted and recommended by the Town Staff. These conditions often address technical issues related to the Town's zoning, design review, and engineering standards; and the review of any proposed amendments to such conditions are well within the Town Staff's area of expertise. The proposed text amendments of Ordinance No. 12, Series of 2008, are not intended to allow the Town Staff to change public policy or directly contradict the actions of the Planning and Environmental Commission. In an attempt to garner broader Council Member support for the proposed text amendments, Staff is proposing to delete the word "significantly"from proposed Section 12-16-10-b as follows: "12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines fhe amendment meefs the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not " alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance wifh the procedures described in Section 12-16-5 of this chapter." The language of the proposed text amendments is nearly identical to the language of Section 12-9A-2, Special Development Distircts, Vail Town Code, which grants the Town Staff the authority to administratively review minor amendments to existing special development districts (which were originally approved by the Town Council through the adoption of an ordinance): "Minor Amendment (Staff Review): Modifications to building p/ans, site or landscape p/ans that do not alter the basic intent and character of the approved special development districf..." II1. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on second reading, Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. 2 Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditiona/ Use Permits, to allow for the administrafive review and approva/ of specific conditional uses, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 12, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "9. That the amendments are consistent with the applicab/e e/ements of the adopted goa/s, objectives and policies outlined in the Vai! Comprehensive P/an and are compatible with fhe deve/opment objectives of the Town, based upon Section VI of the Staff inemorandum dated June 23, 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regu/ations, based upon Section VI of the Staff inemorandum dated June 23, 2008, and the evidence and testimony presented; and, 3. That the amendments promote the hea/th, safety, morals, and general we/fare of the Town and promote the coordinated and harmonious deve/opment of the Town in a manner that conserves and enhances its natura/ environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 12, Series of 2008 3 Vail Town Council Attachment A ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. Ordinance No. 12, Series of 2008, second reading NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in cfriUoFhrn��ryh text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6B-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, second reading The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: Ordinance No. 12, Series of 2008, second reading 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. • Ski lifts and tows. , • Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditiona� uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private cfubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. , • Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. 4 Ordinance No. 12, Series of 2008, second reading Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Gmr�lnvoo 1-In� �cinn I Ini4� nc fi irFhor ror�� il��orl hv rhon4or 1 Q nf ihic fitici ...r--�== ---�_.-�� -�-- =+ -' --------. ..,��,.,_.-..-, �� ...,�� _�. ... .... ....... .....,. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Gmr�ln�ioo ui+� icinr� I Ini4c� nc f� �rFhcr ren� i��ori i�i� rh�ntcr_'1_i_nf 4{�ic+ �i410 ...r•-�== • •-�_---a --�- =r --= -----' °��,�_._.� �� ..,�� _�. ,� �. _...� _._,�, Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) 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: Automated Teller Machines (ATMs) exterior to a building. Ordinance No. 12, Series of 2008, second reading Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. , � Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. 6 Ordinance No. 12, Series of 2008, second reading Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. Cmnlnveo 1-Ini ��inn I Inifc n� fl irFhor ro�+� �In4or1 l-��i nh�nFer 1'2 nf +hic �iFlo �...r•—J=— - •--'-- -.7 ------o _'— -------- -"u�------- vi -----r-.�, ,� �, �,,,� �,�.�. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Ordinance No. 12, Series of 2008, second reading Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. =mnlnvoo I-Il+� �cinn I Ini+c �c f� �r+hGr rcn� �1�4or1 h�i nh�n�cr '1 `� nf�hic fi410 r'-� -= • -- �� - ° "u"---- -- � .... _.,. .... ... _...� _._..�. 12-7B-5: PERMI7TED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: - - - - - - - r��:�rsmr-w Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. g Ordinance No. 12, Series of 2008, second reading Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. ' Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Q Ordinance No. 12, Series of 2008, second reading Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. � Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, second reading Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. �� Ordinance No. 12, Series of 2008, second reading Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. , � Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) IeveL Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is nof conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. � 2 Ordinance No. 12, Series of 2008, second reading Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Gmnln�ioo I-In� � inn 1 Inifc •+c fi �rFhor ron� �I��orl h�i rh�n�cr 'I'3�f_4�i�� _��I�� "'r'-� -- - --------..+ ------. -� .+ . . Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commerciat laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, second reading Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: � 4 Ordinance No. 12, Series of 2008, second reading The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Cmnlr�vcc L-Ir�� cinr� I Ini�c ��+ f� �r�hor rorn �I�fori h�i i+{��n�or '1 i nf �hic� 4iflo e • Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, second reading Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Gmr�ln�mo I-li+� � inn I Ini�c f� ir�hcr roi+� �I��c'i L��i (`h�n�nr 1_3 �.f +hi� T:il°. • -r--�-- ---------u ------; --- ---- .. . . Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: ,�The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, second reading The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Fmnlnu�� G=^� ��`inn � �niFc �c� fi�r}hor rcrn J�+4orl h�i i�h.+..�...� � Q nf +h�� Ti}�o _. .r....�.,.. .....,.,. .y .,�...�, � �,.�.��..� �..�..�u...�.v' . Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. FRIrlI�1V�� uni ��inn I Ini�c� �� f� irFhcr ror�� I�++or! h.. !'F,�.nier 'I Z nf 4hi� TiFlc �. .�.,�..�.... . ......... ..J. ..� ��...� ., �..� ��.v. � v..J. a.�uavv . 12-9B-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: � 7 Ordinance No. 12, Series of 2008, second reading 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. ��'��°c �^°+,��+;,,�� ,.,��,,,�;.,,. ir�nc�mioc�i�n linc� nnrl nnn� �rFcn�n� oni �inmon4 Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. �mnlnveo 1-In� �cin� 1 In�fc �c f� �rFhcr rcni il��cr! h�i (`h�nFcr 1'� nf fhic Tiflo i • Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: � g Ordinance No. 12, Series of 2008, second reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density permitted by right ef-� Transference Coverage / CrediUStorage m GRFA of an �e�� Reduced Requirement EHU Landsca e Area Type I °°�^�•+�� The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II o°�^��+�-'�� The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be , required a Agriculture & Open minimum 75 sq. Space ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . � g Ordinance No. 12, Series of 2008, second reading Type III o°•^��+��: The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred calculation of dwelling and from the separately. GRFA. unit. 1,200 sq. ft. max. calculation . B. Dormitory of density. Residential Cluster unit: Low Density Multiple- 200 sq.ft. min. for Family each person Medium Density occupying the Multiple-Family EHU. High Density Multiple- Family Public Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center • Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL °°�^��+�'�� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling Linkage as density. mitigation restricted as a Type IV- separately. The unit. unit) CL EHU, unless already EHU shall be designated as an EHU. linked to a specific Commercial Linkage employee housin 20 Ordinance No. 12, Series of 2008, second reading mitigation requirement. Type IV-IZ °°�^��{�� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be designated as an EHU. linked to a specific Inclusionary Zoning employee housing mitigation re uirement. Type V °°�^^�'�� The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit. on the the unit it is property. associated with. Type VI . As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per divided into any Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. 21 Ordinance No. 12, Series of 2008, second reading Type VII-CL D°�""�r�rn-rt ic'� �v-c°v°c. The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commerciai excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23, Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 12, Series of 2008, second reading TypeVll-IZ °°�^��',�'�� The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the mitigation Public Accommodation, separately. GRFA. or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 23 Ordinance No. 12, Series of 2008, second reading Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appu�tenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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, 24 Ordinance No. 12, Series of 2008, second reading regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 31. 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 32. 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 1S` day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of July, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 25 Ordinance No. 12, Series of 2008, second reading TO: FROM F��E coPy MEMORANDUM Town Council Community Development Department DATE: July 1, 2008 � P��°� �-3 ��°��1 � �� I Q� � �� SUBJECT: Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC08(#�93�) ao2r L! � Applicant: Town of Vail, Planner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: • Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, ;�,� �S� • Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, • Allowing amendments to conditional use permits to be reviewed administratively. BACKGROUND At its June 23, 2008, public hearing, the Planning and Environmental Commission forwarded a recommendation of approval for Ordinance No. 12, Series of 2008, by a vote of 6-0-0. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on first reading, Ordinance No. 12, Series of 2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community T '�}* ;: f'2' ' � r��; �, F .'Y \ f• « .:, ,: � •x.� •S� � y� u�l� W'A'� �ia3 � � Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditiona/ Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 12, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff inemorandum dated June 23, 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regulations, based upon Section VI of the Staff inemorandum dated June 23, 2008, and the evidence and testimony presented; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 12, Series of 2008 Attachment B: Memorandum to the PEC dated June 9, 2008 Attachment C: Memorandum to the PEC dated June 23, 2008 � Vail Town Council Attachment A ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Councif finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. Ordinance No. 12, Series of 2008, first reading NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, e� business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. A�ticle 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6B-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, first reading The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 3 Ordinance No. 12, Series of 2008, first reading 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Cmnln�mo 1-In� �cinr� I Ini4� nc� f� irFhor rem il��or7 F�v (`h�nfor 1 Q nf +hic Tiilc_ . .r•-�== -----��-a -----� --- --------- -"��------ �� .,,,-�-'.�, .� ... _...... .._..�. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �mnlnvcc 4.Jn� �cin� 1 Ini�c nc fi �rFhcr roni i1�4or�1 h�i �h�ntcr 1 Q nf fhic ti41 .,� .� ........., ., .,....,... ...y.,..,...... ..� ....,,.r..... .., ... ...... .....,. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. ,¢ Ordinance No. 12, Series of 2008, first reading Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Gmnlnvoo L-1�� icinn 1 Ini�c ac fi irihor ro�� lo�orl h�t nh�nfor 'I Q nf thic iitlo � • Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. �mr+li+�ioc 1-Jr+� �c�inn I Ini4c �c� f� �rl�hor rc�� I��cr! hv nh�n�or 1 Q nf �hic� �i41c r • Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) 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: Automated Teller Machines (ATMs) exterior to a building. 5 Ordinance No. 12, Series of 2008, first reading Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. �mnlnvice 1-In� ��inn I Ini�� n� fi �r4hor rorv� �In�oiJ h�i nh�n4or 14 nf 4F�i� �i41c e • Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a bailding. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. 6 Ordinance No. 12, Series of 2008, first reading Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. Gmnln�ioo I-Ini icinn 1 Ini�c r+� f� �r4hor ron� �I��er7 h�i nhnn�cr '14 nf 4hi� �i410 � • Section 12. Article 12-7B, Commercial Core 1 District, of the Vaif Town Code is hereby amended as follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. 7 Ordinance No. 12, Series of 2008, first reading Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. , � 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: Q Cmr�l�voo 1-In� �ainn I Ini�e� �+c f� irFhor ror�� 1�4eri hv n{17ninr_'i _��'hic� �i�l�. • ' -r-�-- ---------� ------� -�- � .. . . Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. g Ordinance No. 12, Series of 2008, first reading Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Ordinance No. 12, Series of 2008, first reading Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Gmnlr�voo 1-In� � inn I Ini�c �c f� irFhor ro�� lo�ori hv (`h�n�or 'I'� nf +hic Ti�l ... . ...,.... �� ....,,.,, .. ........,. ...�.......,_ ..� ,,...,.r..... ... ... ...... . ...... Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, first reading Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, first reading Pubiic utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. �mnl��ioo 1-I�i �cinn I Ini4c �c fi irFher ro�i ilo4ori h�i rh�+r�for 1'2 r�i �hic 4i�lo o• Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. � 2 Ordinance No. 12, Series of 2008, first reading Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. �mnlnvoo I-Il+� �cinn � �ni�c '+c f� irfhor ron� �I��oi-I hv rhon�or 1'�2 nf +hic +i+�o c"'r-�-- - -----=-u° ------� -- -------.,, , -v-.....�.,. � .�.. � _� . .... .... ....... _....�. Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, first reading Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section,.in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, first reading The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. � Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. �mnlr��ioo �--�n� icin� 1 Ini4c� nc F� irFFicr ren� �1�4orJ hv ri��n�or__i Q r.f +hi�F�ile ...r•-�=_ ..___...a --��--� -= ------- --c, , - - . . Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, first reading Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. �mnlnvoo I-In� �cinn I Ini�c� �� f� �rFher ro�� I��erl F�v (�h�n+or 1� nf �hic TiFlo e • Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: �The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIUNAL USES: 16 Ordinance No. 12, Series of 2008, first reading The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. �mnlnvoe I-Ini �cin� I Ini�c� �� fi �rihor roni �In4ori h�i �`h�n�or '1'2 .,f +h�� Ti�lo r• Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Gmr�ln�iee G-In� �c�in�+ � �ni�c� �c: f� �rFhor rcn� il��crl hv ('`ii�n4er 'I'�2 nf 4%�ic• Ti�lo r • 12-9B-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: � 7 Ordinance No. 12, Series of 2008, first reading 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. ��'��°c �^�+.,n.,+�,,.,� innl� u-linn �rnn�miccinn lincc �nr: �nn� �rFon�nf on� �inmonl Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. �mr�l�vice 1-In� �c�inn I �ni�c� �c� f� �r}hor ron� �1�4oiJ h�i (�hnn}cr 1 4 r.f +hi� Ti�lo � • Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: �$ Ordinance No. 12, Series of 2008, first reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking MinimumlMaximu Density permitted by right er� Transference Coverage / CrediUStorage m GRFA of an 6�� Reduced Requirement EHU Landsca e Area Type I °°�^,�+�-'�� The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a altowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II °°�r~;+�� The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be . required a Agriculture & Open minimum 75 sq. Space ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . � g Ordinance No. 12, Series of 2008, first reading Type III Rer+�++t�ed-�lse: The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred calculation of dwelling and from the separately. GRFA. unit. 1,200 sq. ft. max. calculation B. Dormitory of density. Residential Cluster unit: Low Density Multiple- 20Q sq.ft. min. for Family each person Medium Density occupying the Multiple-Family EHU. High Density Multiple- Family Public Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL °°�m�+�� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling Linkage as density. mitigation restricted as a Type IV- separately. The unit. unit) CL EHU, unless already EHU shall be designated as an EHU. linked to a specific Commercial � Linkage employee housin 20 Ordinance No. 12, Series of 2008, first reading mitigation requirement. Type IV-IZ °^��^�+�� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be designated as an EHU. linked to a specific Inclusionary . Zoning employee housing mitigation re uirement. Type V °°�^��'�'� The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit. on the the unit it is property. associated with. Type VI . As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per divided into any Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. 21 Ordinance No. 12, Series of 2008, first reading Type VII-CL °°�^��+�� The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23, Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 12, Series of 2005, first reading TypeVll-IZ °°�^,�',-�-'w� The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the mitigation Public Accommodation, separately. GRFA. or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and , Special Development Districts 23 Ordinance No. 12, Series of 2008, first reading Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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, 24 Ordinance No. 12, Series of 2008, first reading regardless of the fact that any one or more parts, sections, subsections, sentences, ciauses or phrases be declared invalid. Section 30. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 31. 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 32. 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 1St day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 25 Ordinance No. 12, Series of 2008, first reading Vail Town Council Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 9, 2008 SUBJECT: A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. II. DISCUSSION ITEMS What was discussed at the Planning and Environmental Commission's last hearing? The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. 1 What is the purpose/intent of the proposed regulation amendments? The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. A summary of these permits has been attached for reference (Attachment A). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes any text amendments should create substantial time savings for applicants, Staff, and the Commission for specific applications. Additionally, Staff believes any text amendments should also create cost savings for the Town, which currently processes conditional use permit applications at a financial loss. A summary of the current conditional use permit review process and associated costs has been attached for reference (Attachment B). Attachment B is a conservative estimate of the Town's time and financial costs necessary to process a conditional use permit application. Attachment B assumes a minor, non-controversial conditional use permit request that is reviewed at only one Commission hearing. Attachment B also assumes a conservative financial rate of $55/hr. which is the fee the Town charges for building permit reviews; however, actual hourly costs may be higher. Is there an alternative to creating a new additional review process (i.e. an Administrative Conditional Use Permit Review Process) that could achieve the goal of streamlining the Town's development review process? Staff believes the same goals of achieving time and financials savings can be achieved without creating a new or additional review process. Staff believes the following amendments should be considered: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Lionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). Communication antennas accounted for 8 of the 15 utility category conditional use permit applications. All but one of these antennas is located on an existing building in the General Use, Housing, and Commercial Core 3 Districts (i.e. ERWSD water tank, Middle Creek Employee Housing Development, Qwest Tower, Solar Vail, and the Brandess/Cadmus Building). All of these conditional use permit applications were approved. 2 Employee Housing Units (EHU's) constituted 42 conditional use permit applications. The Planning and Environmental Commission and Town Council recently amended the Town Code to allow Type II EHUs as permitted, rather than conditional, uses. Staff believes all EHU should be allowed as permitted uses. ATM's account for 2 of the 3 historic bank/financial conditional uses. Staff does not believe ATM machines have the same impacts or affects as a traditional bank office, and should be regulated as a permitted or accessory use. Of the 246 historic conditional use permit applications, 66 applications were modifications, changes, or additions to previously approved conditional use permits. Staff does not believe any of these 66 applications substantively changed the character or impacts of the originally approved use. Staff believes allowing such minor modifications to be processed administratively would substantially streamline the review process for such applications. Currently a conditional use permit is required to eliminate any dwelling units within Vail Village. Generally, these applications related to two or more dwelling units being combined into a single unit. This requirement does not exist in any other zone district and all 6 of the historic applications to eliminate a dwelling unit were approved. Therefore, Staff does not believe a conditional use permit should be required to eliminate a dwelling unit in Vail Village. In summary, these five identified items constituted 124 of the 246 conditional use permit applications processed between 1990 and 2008. Had these identified items been permitted uses, the number of conditional use permit applications processed by the Town would have been reduced by 50.4%. III. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed amendments and provides Staff with any initial feedback or direction. The Community Development Department recommends the Planning and Environmental Commission �tables this item to its June 9, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto, to its June 23, 2008, public hearing." Attachment A Conditional Use Permit Applications 1990 to 2008 CUP T e # of A lications T e II EHU 31 Utilities 31 Recreation 25 Seasonal Use 23 Parkin 21 Outdoor atio/dinin 16 B&B 14 T peIIIEHU 11 School 9 Medical 8 Real Estate O�ce 6 Tem ora Offices 6 Fractional Fee 6 Combo. Two units to One 6 Bank/Financial 3 Maintenance Facilit 3 Brew Pub 2 Church/Reli ious Inst. 2 Li uor Store 2 Quasi-public club 2 Ski Stora e 2 Television Station 2 Cemete 1 Funicular 1 Furniture Store 1 Ma�or Arcade 1 Ski Lift 1 Car Rental 1 Car Dealer 1 3rd floor office 1 Solaris uses 1 Golden Peak Race Bld . 1 Office in RC 1 Gondola 1 Snowcat access 1 1 st Floor DU 1 Gas Station Ba 1 iotal Applications Z46 Attachment B T pical CUP Application - PEC Review Staff # of Total Staff Who What time Staff Time Planner re-a lication meetin 0.5 1 0.5 DRC receipt, initialize in PP, and route 0.5 1 0.5 initial review plus notice & agenda @ Plannin Team staff 0.5 6 1.5 Admin Team PEC notice 8� a enda 0.5 1 0.5 Planner route to PW & FD 0.25 1 0.25 DRT resentation 0.25 6 1.5 Planner site visit 0.5 2 1 PW & FD initial review 1 2 2 Planner initial review & comment letter 2 1 2 DRC recei t& route corrections 0.25 1 0.25 Planner route corrections to PW & FD 0.25 1 0.25 PW & FD review corrections 1 2 2 Planner review corrections 2 1 2 Planner memo 4 1 4 Plannin Team discussion staff 0.5 6 3 Plannin Team memo review 1 2 2 Planner memo edits 2 1 2 Planner PEC site visit 0.5 2 1 Planner PEC hearin 1 2 2 Planner PEC minutes & results 0.25 2 0.5 Admin Team ublish PEC minutes & results 0.25 1 0.25 Planner action forms 0.5 1 0.5 Admin Team filin 0.5 1 0.5 Chief of Plannin Town Council PEC u date 0.25 1 0.25 Total 30.25 rate �55mr. cost $1,663.75 appl. fees $650.00 balance ($1,013.75} Vaii Town Council Attachment: C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, Allowing amendments to conditional use permits to be reviewed administratively. Employee Housing Units (EHUs) The Commission and Town Council recently amended the Town Code to allow many Types of EHUs to be permitted uses, rather than as a conditional use, as part of the amendments to the Commercial Linkage and Inclusionary Zoning regulations. In keeping with this example of improving the efficiency of the Town's development review process, Staff is proposing that all types of EHUs be permitted uses, rather than conditional uses. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are allowed. Currently the Founder's Parking Garage, located between Hanson Ranch Road and Gore Creek Drive in the Vail Village, is the only property located within the Parking District. The only permitted use in that district is "private or public unstructured off street vehicle parking" and Type III EHUs are conditional uses. Staff is proposing that EHUs become the second permitted use in this district. The Parking District is unique in that there are no prescribed development standards. As a"clean-up" to this district's regulations, Staff is proposing that all development standards be established by the Planning and Environmental Commission similar to the General Use and Housing Districts. The specific text associated with this "clean-up" is located in Section 23 of the attached draft Ordinance No. 12. Communications Antennas and Appurtenant Equipment Communications antennas such as cellular phone antennas are predominantly located in the General Use, Housing, and Commercial Core III Districts on the water tanks, Middle Creek building, the Qwest Tower, Solar Vail, Red Sandstone School, and the Brandess Building. The antennas were all approved as conditional uses with the only conditions being related to design. Therefore, Staff is proposing to allow such antennas as permitted, rather than conditional uses, in these three zone districts. Communications antennas such as the town-wide wi- fi service antennas are located in a variety of other zone districts. Staff is proposing that communications antennas remain allowed as conditional use in the Town's other zone districts. As a"clean-up" to the Town's design guidelines, Staff is proposing the following basic standards be applied to all communications antennas: "14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shal! be located and screened so as not to detract from the overall site design quality." This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12. 2 Automated Teller Machines (ATM's) There has been inconsistency in the Town's regulation of ATM's located on the exterior of buildings. Some existing ATM's were reviewed through the conditional use process as a"bank and financial institution", while others were simply reviewed through the design review process. ATM machines are currently allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail. Staff is proposing to allow ATM's as permitted use in those zone districts that already allow banks and financial institutions and the Public Accommodation District. These proposed text amendments will not affect ATM's located inside a business. Conditional Use Permit Amendments The Town's current conditional use permit regulations, Chapter 12-16, Vail Town Code, do not address amendments to a previously approved permit. Since there is no defined process to address these requests, historically any amendment to an active or existing conditional use permit has been reviewed as if it were an application for a new permit. Staff believes a conditional use permit amendment review process must be formally established in the Town Code. Staff believes some amendments to an existing permit are minor in nature and do not warrant review as if the request was a new conditional use permit application. Therefore, Staff is proposing minor permit amendments be reviewed administratively, while more significant amendments, as determined by the Administrator, remain under the purview of the Planning and Environmental Commission. Staff is proposing the following addition to Chapter 12-16, Conditional Use Permit, Vail Town Code: "12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. " This proposed amendment is located in Section 27 of the attached draft Ordinance No. 12. 3 Additional Text Amendments Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town Code, to define the terms "accessory use", "conditional use" and "permitted use"; and to clarify the definition of "public utility and public service uses". These proposed amendments are located in Section 1 of the attached draft Ordinance No. 12, Series of 2008 Notification Currently the results from the Administrative review of design review applications are listed on the Design Review Boards's agendas as an information update item. This informs the public, the Board, and the Town Council of what applications have been reviewed by the Town Staff, it allows the public, the Board, and the Town Council the opportunity to ask Staff questions about the applications and the administrative actions, and affords all three groups the opportunity to "call-up" or appeal any administrative action. Staff is proposing to also lists all conditional use permit amendments that have been administratively reviewed on the Planning and Environmental Commission's agendas under information update for the same purposes. Conditional Use Permit Certificates Historically, conditional use permits in the Town of Vail have been issued and tracked through archived Planning and Environmental Commission memorandums and minutes, and are now issued and tracked with a computer generated Commission action form. The Town has historically not issued an actual permit with the approval of a conditional use permit application. So, similar to a Certificates of Occupancy, the Town will begin creating and issuing actual Conditional Use Permit certificates (suitable for framing) with the approval of a conditional use permit application. A sample of these certificates has been attached for reference (Attachment B). III. BACKGROUND The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. 4 In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. The Commission held a work session at its June 9, 2008: Staff believed the same goals of achieving time and financial savings can be achieved without creating a new or additional review process. The Commission discussed the following alternative amendments: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Cionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Secfion 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious developmenf of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and mainfain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consisteni with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To oiherwise provide for the growfh of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) � 12-3-7: AMENDMENT.� C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the fext amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objecfives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantiaUy changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a ba/ance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 7 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overall Study Area 4.8 Parking � 4. 8. 4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured severa/ employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of . 75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing Recenf community surveys and grass-roots p/anning efforts such as Vail Tomorrow have identified the lack of locals housing as the most crificai issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. Visual /ssues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted fo affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goa/s in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) 0 Housinq: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed- restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government /eaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamless/y integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff developed the following goa/s and action strategies to support the land use and development vision. The goa/s also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of I-70 impacts and managed growth. Goal #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provrde transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notificatron of design review applications. • Provide adequate training for members of fhe fown's boards, commissions and committees regarding goals and purposes for regulation. 10 • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and ofher programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-restricted rental and for-sale units required of both private and public projects has increased. The diversity of deed-restricted units can accommodate the seasona/ worker, as well as aU levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20/20 Implementation: Based on input from 20/20 process, town staff with the Vail developed the following goa/s and acfion housing vision. the community during the Local Housing Authority, strategies to support the Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce fhrough policies, regulations and publicly initiated development. Actions/Strategies: • Research and propose next steps for strengthening th inclusionary zoning and commercial linkage policies, requirements for more zone districts. • Research parking requirements for employee housing and reducing requirements for employee housing developments. s town's including consider • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. 11 VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. This will positively impact the Town government and the public. Therefore, Staff believes the proposed text amendments are consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will better implement and better achieve the adopted goals, objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. Of all those applications, only 4 were denied (a real estate office at the WI, an outdoor dining deck in Vail Village, a Type II EHU on Forest Road, and employee housing at the Town's Public Works facility). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes the proposed text amendments will create substantial time savings for applicants, Staff, and the Commission for certain applications. Additionally, Staff believes the proposed text amendments will create cost savings for the Town, which currently processes applications at a financial loss. The time and financial savings achieved by these amendments were discussed in detail at the Planning and Environmental Commission's June 9, 2008, hearing and are highlighted in the attached power point presentation (Attachment B). 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 12 The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the text amendments outlined in the attached Draft Ordinance No. 12, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's June 23, 2008, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the 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; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. 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." 13 VII1. ATTACHMENTS A. Draft Ordinance No. 12, Series of 2008 B. Conditional Use Permit certificate C. Power Point Summary 14 Attachment A DRAFT ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. Ordinance No. 12, Series of 2008, PEC draft NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in °friLofF�rni�`rh text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6B-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 3 Ordinance No. 12, Series of 2008, PEC draft 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �mnlnvoo I-In� ��inn I Ini4� �� fi �r�F�cr ron� il��cr1 F��i (`h�n4or 'I 4 nf fhi� Ti�lo � • Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. C'mnlr��ieo I-In� �cinn I Ini4�+ �c f� �rFhor ro�� iIn}orJ h�i nhnn4or 'I'�2 .,f +hi� 4i�lo i • Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. 4 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. . Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings; grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. , • Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) 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: Automated Teller Machines (ATMs) exterior to a building. 5 Ordinance No. 12, Series of 2008, PEC draft Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. �mnln�iec 1-In� i�in� 1 Ini4� nc� f� �r}hor roni �1�4cr1 h�i nh�n�or 'I'2 nf 4hi� �i�lo r • Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. g Ordinance No. 12, Series of 2008, PEC draft Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. , • Section 12. Article 12-76, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. 7 Ordinance No. 12, Series of 2008, PEC draft Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. �mnln�ioo I-Ini ��inn 1 Inif� �� f� n-fhor ron� iln4o�7 hv nhnn}or 1 Q nf 4hi� 4i}lo � • 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: i2 Cmr�ln�ico 1-In� �cinn I Ini�c �c f� �r}hor rcn� i��cri i��i nh'+n�or 9 Q nf �i�i �illo • � . Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. $ Ordinance No. 12, Series of 2008, PEC draft Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. . Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. g Ordinance No. 12, Series of 2008, PEC draft Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. �mnlnvoo I-Ir�i icinn I Ini4� �� fi ir-Fhor ron� i1�4erJ L��i !'`h�n�or '1'2 nf 4hi� Ti�lo Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, PEC draft Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, PEC draft Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Cmnlnvoe 4-In� �cinrv 1 Ini}� .�c fi irFFier ror.i �In}orl h�i rhnn}or 'I 4.,f +hic 4i�lo r• Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. � 2 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. , � Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, PEC draft Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITfED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. , � Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public uti►ity and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, PEC draft Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. �mnl�vao I-Ir�� cin� 1 Ini4c� �c f� �rFhor rcn� �I��cri hv ('`h�r�4cr '1 Q.,f +h7� Ti�lc t • Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: �The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the folfowing: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Gmnln�ioo 1-Ir+� �cinr� I Ini�� +c f� �rFher rer�� In}or! h�i (�h.�nfer 1`2 nf fhic TiFlo - - .___... ---- =� �_ - ��..__�� _ �,.�� ,�.. ,� .�. _,,,.� .._.� ...r•-�-- • � -------- - -.�------ -� - - Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. �mnln�ioo 1-In� ��inn I Ini�� c f� �rF{�or rcrn �1�4ciJ h�i (`h�nFor '14 nf 4hic Titic �o...r•-�-= • •-_----� --�- =r �_ .�----=- � -�=,..,,�� ,,._�_�._.. ,�. _..,�. .,,,�, 12-9B-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: � 7 Ordinance No. 12, Series of 2008, PEC draft 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. ��+;';�;°° ;^�+^"^+;^^° ;^^'� „��^^ }roncmi��inn 1�rtc �nr! �+nn� irFcn�nF o�� inmor+� ., .... ....r.,r,.,.............. ,�.,�_.�..._.._. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Cmr�ln�ioo I-1�� cinn 1 Ini�c �+c f� �rFhor ror+i �I.��cr� h�i (`h�ntor 1'�2 nf fhi�Zif'1� ...r•-�-- -------�a -°°°'°� °°'°-°-°°- -°�.----" -� �„--.-°�, .� __ _,,,� ,._.�._ Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: � g Ordinance No. 12, Series of 2008, PEC draft 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density permitted by right er-� Transference Coverage / CrediUStorage m GRFA of an �� Reduced Requirement EHU Landsca e Area Type I �er+�+�te�-l�s� The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II °°�^,�`.�'�� The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be . required a Agriculture & Open minimum 75 sq. Space ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . � g Ordinance No. 12, Series of 2008, PEC draft � C N � �a ow � a�°i�� a�i,� _ � L (6 N = � C = � C W�'-' 3� LL1 3� w�� U E U.� N U'B 4J U'O ,� X O 4y w �(6 ul L Rj Ul H d v= U O F-- U(6 H U(4 � � cXII � N (6 7 �. C � �' C N U � O C � � C � � '._' � fn � Q � �� •-•� N � � E N �� tn O'� Q a>' t O� � u, o �� n �� U U m O � Y O'� O D U Q � O C N O(if U= � � M Q M f 6 � m N N O W Z � N J � � � � � � � � @ m L � � L � � U o= U o= U o= � ; a� .r � � � w.: � � a� .r � � � � C � N �i C � N � � � � "O 7 Q. c- "a 7 � �'� 7 Z Z Z Z Z Z � � N p O •- v- C � -p O 2 � � � � X m� Q Q I- a� U C� Z Z a> �' m c�'o � a� � � ��-��, �L��. ��>,_m � �o�� a�� o��cno L a°�i 2 v�� w"a n,�`� c`u w� a� c`v �� c� � o� � c ca � y � � � N C Q � � � Q� � � � Y Q � L N f6 � L d(6 47 L� f6 �_ � Q O � E O H.n.`r m F-�.�-. tq H�.-�. 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Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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, 24 Ordinance No. 12, Series of 2008, PEC draft regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 31. 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 32. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repeal�d 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 1St day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 25 Ordinance No. 12, Series of 2008, PEC draft 12 Series of 2008 � iendments Goal: streamline the n rt rt � Town's d eve I o m e n t� p � � � revi ew rocess " p Ordinance No. 12 Ob'ectives J • To review certain conditional use permit applications administratively • To create time and cost savings for applicants, staff, and the PEC • To achieve the same development outcomes as the current review process Review Applications Administratively • Employee Housing Units as permitted uses • Communications antennas as permitted uses (General Use, Housing, and Commercial Core 3 only) • ATM's as permitted uses (Vail Village and West Vail only) • Minor CUP amendments reviewed by Staff Creatin Time and Cost Savin s g g �• PEC CU P application review process: • >_4 weeks applicant's review period •> 30 hrs. of staff time •> 7 hrs. PEC member time •>$1,000 loss to the TOV (tax payers) • Staff CUP application review process: • 1-2 week review period time savings •> 18 hrs. of staff time savings •> 61/2 hrs. PEC member time savings •>$650 cost savings to the TOV (tax payers) Creatin Time and Cost Savings g • 246 CUP applications from 1990-2008 • Only 4 application were denied • 119 could have been staff reviewed • Total reduction in PEC reviews = 48% 52.0% 48.0% Further PEC Revi ew � Possible Staff Revi ew Ach ievi n the Same Outcomes g • Several EHU Types are already permitted. • Communications Antennas have historically been approved subject to design review. • ATM's are already permitted in Lionshead. • CU P amendments must: • Comply with zoning and master plans • Not alter the character and intent of the use • Not adversely affect public health, safety, and welfare FILE COPY MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC08A��3j- bo2r Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail is proposing to streamline the conditional use permit application review process through the following: • Allowing all Employee Housing Units as permitted uses, rather than some EHUs being conditional uses; and, • Allowing communications antennas and appurtenant equipment as permitted uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and, � � Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts and the Public Accommodation District (Vail Village and West Vail areas); and, Allowing amendments to conditional use permits to be reviewed administratively. Employee Housing Units (EHUs) The Commission and Town Council recently amended the Town Code to allow many Types of EHUs to be permitted uses, rather than as a conditional use, as part of the amendments to the Commercial Linkage and Inclusionary Zoning regulations. In keeping with this example of improving the efficiency of the Town's development review process, Staff is proposing that all types of EHUs be permitted uses, rather than conditional uses. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are allowed. Currently the Founder's Parking Garage, located between Hanson Ranch Road and Gore Creek Drive in the Vail Village, is the only property located within the Parking District. The only permitted use in that district is "private or public unstructured off street vehicle parking" and Type III EHUs are conditional uses. Staff is proposing that EHUs become the second permitted use in this district. The Parking District is unique in that there are no prescribed development standards. As a"clean-up" to this district's regulations, Staff is proposing that all development standards be established by the Planning and Environmental Commission similar to the General Use and Housing Districts. The specific text associated with this "clean-up" is located in Section 23 of the attached draft Ordinance No. 12. Communications Antennas and Appurtenant Equipment Communications antennas such as cellular phone antennas are predominantly located in the General Use, Housing, and Commercial Core III Districts on the water tanks, Middle Creek building, the Qwest Tower, Solar Vail, Red Sandstone School, and the Brandess Building. The antennas were all approved as conditional uses with the only conditions being related to design. Therefore, Staff is proposing to allow such antennas as permitted, rather than conditional uses, in these three zone districts. Communications antennas such as the town-wide wi- fi service antennas are located in a variety of other zone districts. Staff is proposing that communications antennas remain allowed as conditional use in the Town's other zone districts. As a"clean-up" to the Town's design guidelines, Staff is proposing the following basic standards be applied to all communications antennas: "14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12. 2 Automated Teller Machines (ATM's) There has been inconsistency in the Town's regulation of ATM's located on the exterior of buildings. Some existing ATM's were reviewed through the conditional use process as a"bank and financial institution", while others were simply reviewed through the design review process. ATM machines are currently allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail. Staff is proposing to allow ATM's as permitted use in those zone districts that already allow banks and financial institutions and the Public Accommodation District. These proposed text amendments will not affect ATM's located inside a business. Conditional Use Permit Amendments The Town's current conditional use permit regulations, Chapter 12-16, Vail Town Code, do not address amendments to a previously approved permit. Since there is no defined process to address these requests, historically any amendment to an active or existing conditional use permit has been reviewed as if it were an application for a new permit. Staff believes a conditional use permit amendment review process must be formally established in the Town Code. Staff believes some amendments to an existing permit are minor in nature and do not warrant review as if the request was a new conditional use permit application. Therefore, Staff is proposing minor permit amendments be reviewed administratively, while more significant amendments, as determined by the Administrator, remain under the purview of the Planning and Environmental Commission. Staff is proposing the following addition to Chapter 12-16, Conditional Use Permit, Vail Town Code: "12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, efc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit, and, c. The amendment will not adversely affect the public healfh, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter." This proposed amendment is located in Section 27 of the attached draft Ordinance No. 12. 3 Additional Text Amendments Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town Code, to define the terms "accessory use", "conditional use" and "permitted use"; and to clarify the definition of "public utility and public service uses". These proposed amendments are located in Section 1 of the attached draft Ordinance No. 12, Series of 2008 Notification Currently the results from the Administrative review of design review applications are listed on the Design Review Boards's agendas as an information update item. This informs the public, the Board, and the Town Council of what applications have been reviewed by the Town Staff, it allows the public, the Board, and the Town Council the opportunity to ask Staff questions about the applications and the administrative actions, and affords all three groups the opportunity to "call-up" or appeal any administrative action. Staff is proposing to also lists all conditional use permit amendments that have been administratively reviewed on the Planning and Environmental Commission's agendas under information update for the same purposes. Conditional Use Permit Certificates Historically, conditional use permits in the Town of Vail have been issued and tracked through archived Planning and Environmental Commission memorandums and minutes, and are now issued and tracked with a computer generated Commission action form. The Town has historically not issued an actual permit with the approval of a conditional use permit application. So, similar to a Certificates of Occupancy, the Town will begin creating and issuing actual Conditional Use Permit certificates (suitable for framing) with the approval of a conditional use permit application. A sample of these certificates has been attached for reference (Attachment B). III. BACKGROUND The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. 4 IV. In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. The Commission held a work session at its June 9, 2008: Staff believed the same goals of achieving time and financial savings can be achieved without creating a new or additional review process. The Commission discussed the following alternative amendments: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Cionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. 5 V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. Genera/: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that wil! conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, ava/anche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established communify qualities and economic values. 6. To encourage a harmonious, convenient, workable relaiionship among land uses, consistent with municipal development objecfives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 1 D. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 19. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) . 12-3-7_ AMENDMENT.� C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following facfors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goa/s, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possib/e. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the /oca/ work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overall Study Area 4.8 Parking E:3 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured severa/ employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of . 75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of /oca/s housing as the most critical issue facing fhe Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net /oss of employee housing in Lionshead as redevelopment occurs. Visual Issues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goa/s in Lionshead is fhrough policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housinq: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opporfunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed- restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seam/essly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complemenfary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff developed the following goa/s and action strategies to support the land use and development vision. The goa/s also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of I-70 impacts and managed growth. Goa/ #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provide transparency communications. • Embrace polrcies and interaction. of the review process by improving practices that ensure honest governmental • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town's boards, commissions and committees regarding goa/s and purposes for regulation. 10 Develop a streamlined design review process and include in regulation updafes. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of fhe workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-restricted rental and for-sale units required of both private and public projects has increased. The diversity of deed-restricted units can accommodafe the seasona/ worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building sfandards. 20/20 lmplementation: Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support the housing vision. Goa/: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possib/e. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potentia! alternative (besides pay-in-lieu) funding sources for employee housing. 11 VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. This will positively impact the Town government and the public. Therefore, Staff believes the proposed text amendments are consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will better implement and better achieve the adopted goals, objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. Of all those applications, only 4 were denied (a real estate office at the WI, an outdoor dining deck in Vail Village, a Type II EHU on Forest Road, and employee housing at the Town's Public Works facility). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes the proposed text amendments will create substantial time savings for applicants, Staff, and the Commission for certain applications. Additionally, Staff believes the proposed text amendments will create cost savings for the Town, which currently processes applications at a financial loss. The time and financial savings achieved by these amendments were discussed in detail at the Planning and Environmental Commission's June 9, 2008, hearing and are highlighted in the attached power point presentation (Attachment B). 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 12 The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. Therefore, Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI1. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the text amendments outlined in the attached Draft Ordinance No. 12, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's June 23, 2008, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the 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; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. 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 nafural environment and its established character as a resort and residential community of the highest quality." 13 VIII. ATTACHMENTS A. Draft Ordinance No. 12, Series of 2008 B. Conditional Use Permit certificate C. Power Point Summary 14 Attachment A DRAFT ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLtC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. Ordinance No. 12, Series of 2008, PEC draft NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in �friliofhr�i�nh text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, e� business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6B-3: CONDITIONAL USES: 2 Ordinance No. 12, Series of 2008, PEC draft The foliowing conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: Ordinance No. 12, Series of 2008, PEC draft 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �mnlnvco 4-In� ��inn I Ini�� f� �r+hor ron� �1�4or1 h�i (`h�n4or '14 nf �F�ie� Ti�lo i • Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Gmnlr�voo I--In� �cinr� I Ini4c oc� f� �r�hcr rcrn �1�4orJ hv nhnr�4or 'I Q �f 4i�ic �i�lc e • Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. 4 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. , � Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings; grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. , • Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) 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: Automated Teller Machines (ATMs) exterior to a building. 5 Ordinance No. 12, Series of 2008, PEC draft Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. , • Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. 6 Ordinance No. 12, Series of 2008, PEC draft Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. , • Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. 7 Ordinance No. 12, Series of 2008, PEC draft Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. Cmr�ln�ioo Nn� �c�inn � Ini4�+ n�. f� �rFhor rcm ��r+4or1 hv nh�+n�cr 'I `2 .,f +h�� i410 � • 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: S2 Cmr�l��ioo I..Ir�� c�inn I Ini4�+ ��+ f� �r+hor roni �I�}orJ hv nFinnfor 1 2 nf �F�ic �i41a `r. -�"-' pi° )" t • Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. $ Ordinance No. 12, Series of 2008, PEC draft Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. , Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Ordinance No. 12, Series of 2008, PEC draft Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Cmnlnvice I-In� ��inr I Ini�� f� �rFhor ren� iln}o� h�i (`hnn}cr 'I'2 nf �hic Ti410 Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. 10 Ordinance No. 12, Series of 2008, PEC draft Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, PEC draft Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Gmnl��ioo 1-In� icinn I Ini�c �c fi �rFhor rorvi �I��oi-1 hv rh�n4or 1 Q nf 4hic �i�lo i• Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. � 2 Ordinance No. 12, Series of 2008, PEC draft Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. �mrilnvoo I-In� �cinn I Ini#c -+�fi ��h�hG� i°coo��o�°co o-v�� on°uvc°ci ��—rv-viiiii�zic�rc�� ...r•-�== • --__...� --�--=+ -- --------- - -<.--- -- - � � Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. 13 Ordinance No. 12, Series of 2008, PEC draft Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. �, Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, PEC draft The foliowing conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. , • Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and pub�ic service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, PEC draft Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Gmr�l��iac 4Jn� ��inn I Ini+e �c f� �rFhcr rom il�forl hv (`h�n4or 1� nf 4hic TiFlc � • Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: ,4:The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, �ockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, PEC draft The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. , • Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. , • 12-9B-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: � � Ordinance No. 12, Series of 2008, PEC draft 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. ��+�°c �^�+��.,+;,,�� .,,.�,,,�;.,,, Fr�ncmi��inn lincc nnrl nnn� �rFon�n� eni iinmon4 Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. �mnlnvco I-In� ��inn I IniFo �� f� �rFhcr ren� �1�4or! hv (`h�n4or 'I `2 nf fhic Ti+l .. . ......,� �� . �...,, ., .......... ..,�".`......,. ..� .,..,,.r..... . _ ...... . ...... Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: � g Ordinance No. 12, Series of 2008, PEC draft 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density permitted by right e�-� Transference Coverage / Credit/Storage m GRFA of an �� Reduced Requirement EHU �andsca e Area Type I o°�^�:*�'�� The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units nof The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II o°�^•�+�'�c The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be , required a Agriculture & Open minimum 75 sq. Space ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . � g Ordinance No. 12, Series of 2008, PEC draft Type III o°�^,�+�,�,,,'°�� The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred calculation of dwelling and from the separately. GRFA. unit. 1,200 sq. ft. max. calculation B. Dormitory of density. Residential Cluster unit: Low Density Multiple- 200 sq.ft. min. for Family each person Medium Density occupying the Multiple-Family EHU. High Density Multiple- Family Public Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL °°�^��`r-�,,,, '°.�-'� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling Linkage as density. mitigation restricted as a Type IV- separately. The unit. unit) CL EHU, unless already EHU shall be designated as an EHU. linked to a specific Commercial Linkage employee housin 20 Ordinance No. 12, Series of 2008, PEC draft mitigation requirement. Type IV-IZ °°�~��',-�-o� The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be designated as an EHU. linked to a specific Inclusionary Zoning employee housing mitigation re uirement. Type V o°•^�;�� The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit. on the the unit it is property. associated with. Type VI . As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per divided into any Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. 2� Ordinance No. 12, Series of 2008, PEC draft Type VII-CL o°�^��'�� The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23, Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 12, Series of 2008, PEC draft TypeVll-IZ °°�^��«�'�� The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the mitigation Public Accommodation, separately. GRFA. or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 23 Ordinance No. 12, Series of 2008, PEC draft Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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, 24 Ordinance No. 12, Series of 2008, PEC draft regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 31. 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 32. 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 1S` day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 25 Ordinance No. 12, Series of 2008, PEC draft 12 Series of 2008 � �endments Goal: streamline the n � rt p1 Town's develo ment � p � � rt review rocess � p Ordinance No. 12 Ob'ectives J • To review certain conditional use permit applications administratively • To create time and cost savings for applicants, staff, and the PEC • To achieve the same development outcomes as the current review process Rev i e w A lications Administratively pp • Employee Housing Units as permitted uses • Communications antennas as permitted uses (General Use, Housing, and Commercial Core 3 only) • ATM's as permitted uses (Vail Village and West Vail only) • Minor CUP amendments reviewed by Staff Creatin Time and Cost Savin s g .. g • PEC CUP application review process: • >_4 weeks applicant's review period •> 30 hrs. of staff time •> 7 hrs. PEC member time •>$1,000 loss to the TOV (tax payers) • Staff CUP application review process: • 1-2 week review period time savings •> 18 hrs. of staff time savings � •> 6%2 hrs. PEC member time savings •>$650 cost savings to the TOV (tax payers) �' Creatin Time and Cost Savin s g g • 246 CUP applications from 1990-2008 • Only 4 application were denied • 119 could have been staff reviewed • Total reduction in PEC reviews = 48% 52.0% 48.0% Further PEC Review ❑ Possible Staff � Review Ach ievi n the Same Outcomes g • Several EHU Types are already permitted. • Communications Antennas have historically been approved subject to design review. • ATM's are already permitted in Lionshead. • CU P amendments must: • Comply with zoning and master plans • Not alter the character and intent of the use • Not adversely affect public health, safety, and welfare J� f !LE COPY MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 9, 2008 SUBJECT: A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC08A4@�3j ootl Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. II. DISCUSSION ITEMS What was discussed at the Planning and Environmental Commission's last hearing? The Commission held a work session at its May 12, 2008, hearing to discuss the concept of creating a new administrative review process for existing conditional uses such as: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use The Commission was generally supportive of the concept of allowing certain existing conditional uses to be reviewed administratively, rather than by the Commission. However, the Commission did not support changing the review process for Bed and Breakfast or Home Child Daycare Facilities uses. In general, the Commission noted its preference to continue notifying adjacent property owners of a conditional use permit application prior to any action by either the Commission or Staff. 1 :,.� a„,. . "� < � � ;e x-^1 � ti Y f . � What is the purpose/intent of the proposed regulation amendments? The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's development review process. The Town of Vail has processed 246 separate conditional use permits over the past 18 years (1990-2008) for an average of 14 applications per year. A summary of these permits has been attached for reference (Attachment A). Given the significant number of applications and the substantial amount of time and effort involved in processing each application through the current conditional use permit review process; Staff believes any text amendments should create substantial time savings for applicants, Staff, and the Commission for specific applications. Additionally, Staff believes any text amendments should also create cost savings for the Town, which currently processes conditional use permit applications at a financial loss. A summary of the current conditional use permit review process and associated costs has been attached for reference (Attachment B). Attachment B is a conservative estimate of the Town's time and financial costs necessary to process a conditional use permit application. Attachment B assumes a minor, non-controversial conditional use permit request that is reviewed at only one Commission hearing. Attachment B also assumes a conservative financial rate of $55/hr. which is the fee the Town charges for building permit reviews; however, actual hourly costs may be higher. Is there an alternative to creating a new additional review process (i.e. an Administrative Conditional Use Permit Review Process) that could achieve the goal of streamlining the Town's development review process? Staff believes the same goals of achieving time and financials savings can be achieved without creating a new or additional review process. Staff believes the following amendments should be considered: • Allowing communication antennas that are integrated into a building in General Use, Housing, and Commercial Core 3 Districts as permitted uses. • Allowing all employee housing units (EHU's) as permitted uses. • Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail Village and Lionshead) as permitted uses. • Allowing modifications/amendments/additions to a previously approved conditional use permit that do not alter the original character or impacts of the use. • Ending the requirement that a conditional use permit much be obtained to eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail Village). Communication antennas accounted for 8 of the 15 utility category conditional use permit applications. All but one of these antennas is located on an existing building in the General Use, Housing, and Commercial Core 3 Districts (i.e. ERWSD water tank, Middle Creek Employee Housing Development, Qwest Tower, Solar Vail, and the Brandess/Cadmus Building). All of these conditional use permit applications were approved. 2 i� Employee Housing Units (EHU's) constituted 42 conditional use permit applications. The Planning and Environmental Commission and Town Council recently amended the Town Code to allow Type II EHUs as permitted, rather than conditional, uses. Staff believes all EHU should be allowed as permitted uses. ATM's account for 2 of the 3 historic bank/financial conditional uses. Staff does not believe ATM machines have the same impacts or affects as a traditional bank office, and should be regulated as a permitted or accessory use. Of the 246 historic conditional use permit applications, 66 applications were modifications, changes, or additions to previously approved conditional use permits. Staff does not believe any of these 66 applications substantively changed the character or impacts of the originally approved use. Staff believes allowing such minor modifications to be processed administratively would substantially streamline the review process for such applications. Currently a conditional use permit is required to eliminate any dwelling units within Vail Village. Generally, these applications related to two or more dwelling units being combined into a single unit. This requirement does not exist in any other zone district and all 6 of the historic applications to eliminate a dwelling unit were approved. Therefore, Staff does not believe a conditional use permit should be required to eliminate a dwelling unit in Vail Village. In summary, these five identified items constituted 124 of the 246 conditional use permit applications processed between 1990 and 2008. Had these identified items been permitted uses, the number of conditional use permit applications processed by the Town would have been reduced by 50.4%. III. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed amendments and provides Staff with any initial feedback or direction. The Community Development Department recommends the Planning and Environmental Commission tables this item to its June 9, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a prescribed regulation amendments fo Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto, to its June 23, 2008, public hearing." 3 Attachment A Conditional Use Permit Applications 1990 to 2008 CUP T e # of A lications T e II EHU 31 Utilities 31 Recreation 25 Seasonal Use 23 Parkin 21 Outdoor atio/dinin 16 B&B 14 T pe III EHU 11 School 9 Medical 8 Real Estate Office 6 Tempora Offices 6 Fractional Fee 6 Combo. Two units to One 6 Bank/Financial 3 Maintenance Facilit 3 Brew Pub 2 Church/Reli ious Inst. 2 Li uor Store 2 Quasi-public club 2 Ski Stora e 2 Television Station 2 Cemete 1 Funicular 1 Furniture Store 1 Ma�or Arcade 1 Ski Lift 1 Car Rental 1 Car Dealer 1 3rd floor office 1 Solaris uses 1 Golden Peak Race Bld . 1 Office in RC 1 Gondola 1 Snowcat access 1 1 st Floor DU 1 Gas Station Ba 1 Total Applications 246 Attachment B T pical CUP Application - PEC Review Staff # of Total Staff Who What time Staff Time Planner re-a lication meetin 0.5 1 0.5 DRC receipt, initialize in PP, and route 0.5 1 0.5 initial review plus notice & agenda @ Plannin Team staff 0.5 6 1.5 Admin Team PEC notice & a enda 0.5 1 0.5 Planner route to PW & FD 0.25 1 0.25 DRT resentation 0.25 6 1.5 Planner site visit 0.5 2 1 PW & FD initial review 1 2 2 Planner initial review & comment letter 2 1 2 DRC receipt & route corrections 0.25 1 0.25 Planner route corrections to PW & FD 0.25 1 0.25 PW & FD review corrections 1 2 2 Planner review corrections 2 1 2 Planner memo 4 1 4 Plannin Team discussion staff 0.5 6 3 Plannin Team memo review 1 2 2 Planner memo edits 2 1 2 Planner PEC site visit 0.5 2 1 Planner PEC hearin 1 2 2 Planner PEC minutes & results 0.25 2 0.5 Admin Team ublish PEC minutes & results 0.25 1 0.25 Planner action forms 0.5 1 0.5 Admin Team filin 0.5 1 0.5 Chief of Plannin Town Council PEC update 0.25 1 0.25 Total 30.25 rate $55/hr. cost $1,663.75 appl. fees $650.00 balance ($1,013.75) TO FROM: DATE f IL E COPY MEMORANDUM Planning and Environmental Commission Community Development Department May 12, 2008 T�,c�� f� � � �, �s ��,: Z "� : �-D—o SUBJECT: A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC08A�@�) 0 ozi Applicant: Town of Vail Planner: Bill Gibson f� SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's conditional use permit review process by allowing for the administrative review of certain conditional use permit applications. Staff believes an administrative review process will be a more efficient use of the time and resources of the Commission, Staff, and Applicants. II. DISCUSSION ITEMS What is a conditional use? The Town's Zoning Regulations (Title 12, Vail Town Code) establishes three categories of uses allowed within each zone district: "permitted", "conditional", and "accessory" uses. Permitted uses, sometimes referred to as a uses by right, are land uses that further the goals of the zoning regulations and the specific zone district, are considered appropriate and desirable within the given zone district, and are compatible with other allowed uses in that zone district. For example, in the Two-Family Primary/Secondary District both Single-Family and Two-Family Residential Dwellings are permitted uses. Conditional uses are land uses with unique or special characteristics that require additional review to ensure they are located properly with respect to the objectives of the zoning regulations, and to ensure their compatibility with other surrounding uses and the Town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. For example, in the Two-Family Primary/Secondary District a Bed and . ...-`�! � , .. v , Breakfast and a Home Child Daycare Facilities are conditional uses because of their potential impacts to neighboring uses. Accessory uses are those uses clearly incidental and/or secondary to another allowed land uses. For example, in the Two-Family Primary/Secondary District a greenhouse, tool shed, playhouse, swimming pool, etc. are all accessory uses to a residential dwelling. What is a conditional use permit? A conditional use permit authorizes the construction, operation and existence of a conditional use at a specific location given specific parameters and/or limitations. Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail Town Code, the conditions of approval applied to a conditional use permit may include: "requiring specia/ setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules', etc. How are conditional uses permit applications currently reviewed? Currently all conditional use permit applications are reviewed by the Planning and Environmental Commission at a public hearing. Chapter 12-16, Conditional Uses, Vail Town Code, outlines the conditional use permit application review process, the criteria used to evaluate an application, and the findings necessary to approve an application. Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail Town Code: "The Commission may approve fhe application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocab/e, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules." What is the purpose/intent of the proposed regulation amendments? The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's conditional use permit review process by allowing for the administrative review of certain conditional use permit applications. Staff believes an administrative review process will be a more efficient use of the time and resources of the Commission, Staff and Applicants. 2 Which conditional use permits are proposed to be reviewed administratively, rather than by the Planning and Environmental Commission? Staff is researching the Town's archives to quantify and better understand the historically data concerning conditional use permits (i.e. what types of conditional use permits have been approved, what conditions or limitations have been placed on those permits, etc.). Once all this data has been collected, an analysis of the results will be used to determine which, if any, conditional use permits could/should be reviewed administratively, rather than by the Planning and Environmental Commission. The following is a preliminary list of conditional uses that Staff believes could be reviewed administratively: • Bed and Breakfasts -1�D • Employee Housing Units - Yr� • Home Child Daycare Facilities - ND • Public Utility and Public Service Uses -`(e5 • Seasonal Uses and Structures - Y� 6� • Extensions to time limited conditional use permit approvals -�cs • Minor amendments that do not alter the original characteristics of the use -`�e5 What criteria would be used to administratively review a conditional use permit application? Staff recommends the same general review criteria and findings currently outlined in Section 12-16-6, Criteria/Findings, Vail Town Code, be used by both the Commission and Staff to review every conditional use permit application. The current review criteria are as follows: "1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicab/e to the proposed use. 6. The environmental impacf report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. " Staff further recommends that Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, be expanded to include more use specific standards for those uses selected to be reviewed administratively. These use specific standards could be used Kj as a check list to help determine whether a proposed conditional use should be approved or denied. Will the Planning and Environmental Commission retain any oversight of an administratively reviewed conditional use permit? Should the Planning and Environmental Commission wish to have "call-up" (appeal) authority over the Administrator's approval or denial of a conditional use permit; Staff would recommend that any such administrative actions be listed on the Commission's public hearing agenda under information update. This would afford the Commission the opportunity to ask Staff questions about the application and would provide the Commission an opportunity to "call-up" any decisions it would like to appeal or review in greater detail. This will also serve to notice the Town Council and the public of these actions as well. Is there any precedent for allowing a conditional use to be reviewed administratively? In the fall of 2007, the Vail Town Council adopted amendments to the Town's Zoning Regulations to allow Type II Employee Housing Units as a permitted use rather than a conditional use subject to Planning and Environmental Commission review. The Planning and Environmental Commission and Staff recommended approval of these amendments to make the Town's review process more efficient. Historically, the conditional use permit review of Type II EHUs was viewed as merely a formality, since such applications were seldom denied and the conditions of approval were consistently the same. III. NEXT STEPS Staff will return to the Planning and Environmental Commission on June 9, 2008, with a draft amendment ordinance for further discussion, consideration, and a recommendation to the Vail Town Council. IV. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed amendments and provides Staff with any initial feedback or direction. Since the Commission's May 26, 2008, public hearing is cancelled due to the Memorial Day holiday, the Community Development Department recommends the Planning and Environmental Commission tables this item to its June 9, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tab/es the request for a prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditiona! uses, and setting forth details in regard thereto, to its June 8, 2008, public hearing." L�