HomeMy WebLinkAboutPEC110040 Ordinance No. 2, Series of 2012, Vail Village Townhouse District second reading APPROVED_082112ORDINANCE NO. 2
Series of 2012
AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN
CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations; and,
WHEREAS, the purpose of the amendments is to establish a new zone district to
regulate existing townhouse properties in Vail Village that were legally non - conforming in
regard to the provisions of the High Density Multiple - Family District; and,
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character of
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on November 14, 2011, the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the Town's Zoning
Regulations and establish the Vail Village Townhouse District, in accordance with the
provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, for the proposed Zoning Regulation
amendments to the Vail Town Council; and,
WHEREAS, the Vail Town Council finds and determines 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,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town Code furthers the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
promotes 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Ordinance No. 2, Series of 2012
SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethro ,ryh, text that is
to be added is bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District ... 6J
SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in strokethrough, text that is to be added is bold,
and sections of text that are not amended have been omitted):
TOWNHOUSE PROJECT: A building or group of associated buildings
consisting of multiple - family dwelling units designed as attached or
row dwellings that are treated as one entity for zoning purposes.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse
project that is subdivided and for zoning purposes is treated as a
separate entity from the remainder of the project.
SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in strikethrough, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (VVT) District
SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby
established as follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT
12 -6J -1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for, and
maintain the unique residential character of, existing townhouse
properties in the East Gore Creek Sub -Area of the Vail Village Master
Plan area. This zone district was specifically developed to only be
applied to the properties known at the time of the establishment of this
district as the Vail Townhouses Condominium, Vail Row Houses, Vail
Trails Chalets, Vail Trails East Condominiums and the Texas
Townhomes. The Vail Village Townhouse district is intended to ensure
adequate light, air, open space, and other amenities commensurate
with townhomes, and to maintain the desirable residential and resort
qualities of the zone district by establishing appropriate site
development standards. Certain nonresidential uses are permitted as
conditional uses, which relate to the nature of Vail as a winter and
Ordinance No. 2, Series of 2012 2
summer recreation and year -round community and, where permitted,
are intended to blend harmoniously with the residential character of the
zone district.
This zone district was established to regulate existing townhome
properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to
encourage and provide incentives for redevelopment of existing
townhouse properties in accordance with the Vail Village Master Plan.
The incentives in this zone district include addressing both townhouse
projects and individually platted townhouse lots, reductions in lot area
standards, reductions in setbacks, increases in density, increases in
gross residential floor area (GRFA), and changes in parking design
requirements. More restrictive design considerations have been
applied to these properties in accordance with the Vail Village Master
Plan to maintain the unique residential character of existing townhouse
developments in Vail Village.
12 -6J -2: PERMITTED USES:
The following uses shall be permitted in the VVT district:
Employee housing units, as further regulated by chapter 13 of
this title.
Multiple - family residential dwellings, including attached and row
dwellings and condominium dwellings.
12 -6J -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the VVT 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.
Home child daycare facilities, as further regulated by section 12-
14-12 of this title.
Public buildings, grounds and facilities.
Public utility and public service uses.
Timeshare units.
12 -6J -4: ACCESSORY USES:
Ordinance No. 2, Series of 2012 3
The following accessory uses shall be permitted in the VVT district:
Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of section 12 -14 -12 of
this title.
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
12 -6J -5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area for a townhouse project shall be ten
thousand (10,000) square feet of total site area. Each site shall have a
minimum frontage of twenty feet (20').
The minimum lot or site area for individually platted townhouse lots
shall be two thousand (2,000) square feet of total site area, each site
shall have a minimum frontage of twenty feet (20').
12 -6J -6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front and rear
property lines. The minimum setback shall be twenty feet (20') from the
side property lines, except the setback shall be zero feet (0') from the
side property lines between attached dwelling units.
12 -6J -7: HEIGHT:
For a flat roof, the height of buildings shall not exceed thirty feet (35).
For a sloping roof, the height of buildings shall not exceed thirty eight
feet (38).
12 -6J -8: DENSITY CONTROL:
The existing number of legally established units on a development site
or twenty -five dwelling units per acre of total site area, whichever is
greater, shall be allowed. A dwelling unit may include one attached
accommodation unit no larger than one -third (1/3) of the total floor area
of the dwelling.
12 -6J -9: GROSS RESIDENTIAL FLOOR AREA:
An unlimited amount of gross residential floor area (GRFA) shall be
permitted on each site.
12- 6J -10: SITE COVERAGE:
Site coverage shall not exceed fifty five (55 %) of the total site area.
12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30 %) of the total site area shall be landscaped.
Ordinance No. 2, Series of 2012 4
12- 6J -12: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with
chapter 10 of this title. Required parking legally established within the
street right -of -way may be continued subject to a revocable right -of -way
permit issued by the Town of Vail.
12- 6J -13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of
the evidence before the Design Review Board and /or Administrator that
the proposed new construction, addition, or minor exterior alteration is
in compliance with the applicable elements of the Vail Village Master
Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design
Considerations.
SECTION 5. Section 12- 10 -17 -B, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strike +hre uryh, text that is to be
added is bold, and sections of text that are not amended have been omitted):
1. Any owner, occupant or building manager who owns, occupies or
manages ten (10) or more private parking spaces located in commercial core
1, commercial core 2, commercial core 3, high density multiple - family, Vail
Village Townhouse, public accommodations, Lionshead mixed use 1,
Lionshead mixed use 2, or special development zone districts and provides
sufficient parking for use by employees may apply to the administrator of the
town for a permit to lease parking spaces.
SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU)
Type, Vail Town Code, is hereby amended in part as follows (text to be deleted is in
strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
Ordinance No. 2, Series of 2012 5
n/a I n/a
Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
I The EHU is
unit: 300 sq.
Type
Residential cluster I The EHU
The EHU
III
Low density multiple - family may be
is
of density.
Medium density multiple- sold or
excluded
family transferred
from the
High density multiple - family separately.
calculatio
Vail Village Townhouse
n of
Public accommodation
GRFA.
Commercial core 1
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
Ski base /recreation
Ski base /recreation 2
Special development district
Ordinance No. 2, Series of 2012 5
n/a I n/a
Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
I The EHU is
unit: 300 sq.
excluded
ft. minimum
from the
and 1,200
calculation
sq. ft.
of density.
maximum.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
Parking district
General use
SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in stFikethre g-
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
VVT Unlimited None
Vail Village Townhouse
SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strikethre g
text that is to be added is bold, and sections of text that are not amended have
been omitted):
B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF),
Medium Density Multiple - Family (MDMF), High Density Multiple - Family
(HDMF), And Housing (H), and Vail Village Townhouse (VVT) Districts:
SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strikethro g
text that is to be added is bold, and sections of text that are not amended have
been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single - Family
Residential (SFR), Two - Family Residential (R), Two - Family
Primary /Secondary (PS), Residential Cluster (RC), Low Density Multiple -
Family (LDMF), Medium Density Multiple - Family (MDMF), High Density
Multiple - Family (HDMF), And Housing (H), and Vail Village Townhouse
(VVT) Districts:
SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethro ,ryh, text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single - family residential
(SFR), two - family residential (R), a-nd two - family primary /secondary
residential (PS), and Vail Village Townhouse (VVT) districts, dwelling
units that meet or exceed allowable GRFA will be eligible to make interior
conversions provided the following criteria are satisfied:
Ordinance No. 2, Series of 2012 6
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior
space conversion" provision in excess of existing or allowable GRFA
including such units located in a special development district; provided,
that such GRFA complies with the standards outlined herein.
2. For the purpose of this section, "existing unit" shall mean any dwelling
unit that has been constructed prior to August 5, 1997, and has received a
certificate of occupancy, or has been issued a building permit prior to
August 5, 1997, or has received final design review board approval prior
to August 5, 1997.
SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, is hereby amended in part as follows (text to be
deleted is in strikethro inh text that is to be added is bold, and sections of text that
are not amended have been omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in
all zone districts except the single - family residential (SFR), two - family
residential (R), and two - family primary /secondary residential (PS), and Vail
Village Townhouse (VVT) districts.
SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethro ,ryh, text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided
in section 12 -24 -5 of this chapter:
2. Vail Village Townhouse (VVT)
SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary
Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is
in strikethro ir.h text that is to be added is bold, and sections of text that are not
amended have been omitted):
Ordinance No. 2, Series of 2012 ]
Zone Districts Max.
Architectural Min. Lot Size
Projection (Buildable Area In
Min. Min. Deck Min. Deck Into Setback Min. Sq. Ft.) Min. Max.
Max. EHU Building (Ground (Not Ground Max. Site Land- Min. Square Building Parking And
Density Allowance Setbacks Level) Level) Coverage scape Frontage Area Height Loading
Setback Setback Area I Location
Residential Districts
VVT Vail Existing
Type III
20' front
May project May project
Village number of
and Type
20' rear
not more
not more
Townhouse legally
IV, Type IV- 20' sides
than the
than the
established
IZ, Type
0'
lesser of
lesser of 5'
units or 25
VII -IZ
between
10' or 1/2
or 1/2 the
per acre of
attached
the
required
total site
dwelling
required
setback
area.
units
Vsetback
Ordinance No. 2, Series of 2012 8
4'
6%
30% 10,000 sq. ft. for 20'
comprehensive
development site;
2,000 sq. ft. for
individually platted
townhouse lots
1/a 40' flat See title 12,
roof chapter 10 of
this code.
43' Existing
sloping parking in
roof street right -of-
way may
continue
subject a
revocable right -
iof -way permit.
SECTION 14. 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 Vail Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 15. The Vail 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. The Council's finding, determination and
declaration is based upon the review of the criteria prescribed by the Town Code of
Vail and the evidence and testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail 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 17. 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 May, 2012 and a
public hearing for second reading of this Ordinance set for the 21 St day of August,
2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 21St day of August, 2012.
Ordinance No. 2, Series of 2012 g
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 2, Series of 2012 10