The URL can be used to link to this page

Home My WebLink About2005-12-06 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:30 P.M., TUESDAY, DECEMBER 6, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. LUNCH WILL BE SERVED 1. Warren Campbell ITEMROPIC: Site Visit. An appeal of the Town of Vail Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting .forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On November 2, 2005, the Design Review Board denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated December 6, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's denial pursuant to Section 12-11, Design Review, Vail Town Code, to allow for architectural alterations to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, subject to the findings in the staff memorandum dated December 6, 2005. 2. George Ruther ITEM/TOPIC: PEC/DRB Update (15 min.) 3. Warren Campbell ITEM/TOPIC: ITEM/TOPIC: Discussion of First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No~. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated December 6, 2005, for further details (attached). On November 15, 2005, the Town Council tabled the first reading of Ordinance 25, Series of 2005, to December 6, 2005. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2005, on first reading. 4. Judy Camp ITEM/TOPIC: Ordinance No. 28, Series of 2005. AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (20 min.) ACTION REQUESTED OF COUNCIL: Ask any questions or give any comments regarding the 3`~ supplemental of 2005, Ordinance No. 28, Series of 2005. An ordinance making supplemental appropriations to the Town of Vail 2005 budget,.in. preparation for approving the first reading during the evening session. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 28, Series 2005, upon first reading. this evening. 5. Rachel Friede ITEM/TOPIC: Ordinance 29, Series of 2005, an ordinance amending„Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13; Subdivision Regulations; and Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code (Housekeeping Ordinance). (20 min.) ACTION REQUESTED OF COUNCIL: Listen to presentation by staff/applicant and ask any questions which arise regarding the proposed text amendments. BACKGROUND: Through the review process of various zoning applications, problems arise with specific code sections that are not clear to either applicants or staff. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore,. staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean-up" the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook. On October 24, 2005, PEC forwarded a recommendation of approval to the Town Council regarding the proposed amendments. These amendments have been assembled into a report which outlines the details of the proposed changes. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council listen to all presentations and ask questions in order to more fully understand the proposed text amendments. Additional work sessions will occur as necessary to familiarize council members with the proposed amendments, after which a first reading will occur. 6. George Ruther ITEM/TOPIC: First reading of .Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"d Filing, from High- Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 30, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections ~ of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge. development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site,. as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plari, and setting forth details in regard thereto. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 30, Series of 2005, on first reading. 7. ITEM/TOPIC: Information Update (20 min.) - Revenue Update - LionsHead Update - Construction Planning Update - Every board/commission member that as of 1.1.06, the VRD will no longer be providing the recreation pass as a benefit. Under the town's management agreement wNRD, only "employees" are eligible for this pass. Thus; if they are not taking the parking pass benefit for '05-'06, they must recognize the rec. pass will not be available come spring '06. - West Vail Planning Update - Working Relationship with VRD (Info. Tech /Communications) 8. ITEM/TOPIC: Matters from Mayor & Council (15 min.) 9. ITEMROPIC: Executive Session. Timber Ridge. C.R.S. 24-6- 402 (4) (a) (e) (30 min.) 10. ITEM/TOPIC: Adjournment. (4:15 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 20, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. -~ ~ - MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 6, 2005 SUBJECT: An appeal of the Town of Vail Design Review Board's denial of a design review application (DRB05-0556), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for. a change to approved plans. regarding architectural alterations (existing skylights).to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. Appellant: Donald and Ronne~Hess Planner: Warren Campbell I. SUBJECT PROPERTY The subject property is asingle-family residence located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village 7th Filing. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, are appealing the November 2, 2005, denial of a design review application, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence. II. STANDING OF APPELLANT The appellants, Donald and Ronne Hess, have standing to file an appeal as they are the owners of.1220 Ptarmigan Road. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. Pursuant toSub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. " IV. BACKGROUND On July 6, 2005, the Design Review Board conceptually reviewed the proposed application to construct several additions and change the exterior architecture of the existing structure at 1220 Ptarmigan Road. At this hearing the DRB was generally concerned with the proposed design as the elevations which were all being altered to be more of an Arts/Craft style verse . ~ the existing contemporary design. The issues primarily focused on the contemporary skylights, which do not contain mullions, remaining on both the front and rear of the home. It was felt that these contemporary design elements needed to be addressed as they did not fit the proposed architectural character of the structure per Section 12-11-1(D)(4), Guidelines. On August 3, 2005, the Design Review Board, after several work sessions, approved a design review application to allow for additions and architectural changes to be made to.the existing structure at 1220 Ptarmigan Road. The proposal required several work sessions with the DRB as the Board, the applicant's representative, and the architect were working through proposed designs to achieve an architectural design which the Board felt was complied with Section 12-11-1(D), Guidelines. The Board stated several times that they believed that the goal was to achieve a design which did not have remanent contemporary architectural features on the proposed redesigned structure. The approved design included roof structures over the sloped portions of glass while allowing the vertical glass portions to remain with the addition of mullions to match the rest of the new windows. A reduced copy ' of the approved plans are attached for reference (Attachment A). On September 20, 2005, the Community Development Department approved the building permit for the plans approved by the Design Review Board on August 3, 2005. On November 2, 2005, the Design Review Board denied a changed to approved plans application which proposed to eliminate the previously approved roof structure being . constructed in place of the sloped skylight glass. The design proposed maintained the existing contemporary skylight element. The applicant proposed to incorporate mullions into the existing skylights in order to match the other windows in the house. The owners of the 'home submitted the change to approved plans application as they felt the amount of light which is allowed into the home through the skylights is a very important feature of the home. The Design Review Board denied the application, as to allow an architectural design which was not complete in design integrity would be detrimental to the neighborhood and the community as a whole per Section 12-11-1(D)(4), Guidelines, Vail Town Code. A reduced copy of the denied plans are attached for reference {Attachment A). On November 10, 2005, the appellant filed an appeals form to appeal the Design. Review Board's denial of a design review application (DR605-0556), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing .skylights) to an existing residence, located at 1220 Ptarmigan Road. The appeals form and letter from the appellant are included for reference (Attachments B and C). V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3 Administration and Enforcement (in part) Section 12-3-3: Appeals (in pan`) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination orinterpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person"means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared ~by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall ,not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. • 3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent properi y owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of, such notice of appeal will require the Planning and Environmental Commission or the Design Review8oard to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the, appeal shall not stay further perrrrit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council. 3 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Section 12-11 Design Review (in part) Staff has highlighted in bold portions of this Section which staff believe are most relevant to this appeal. 12-11-1: INTENT.• A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting; internationallykvown fonts natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented Through zoning, subdivision controls, and building codes. Other aspects of development are. more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide forthe timelyexercise ofjudgment in the public interest in the evaluation of the design of new development. and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 4 2. To allow for the development of public and private property which is i~n harmony with the desired character of the Town as defineal by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open. spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the Town's overall appearance, with surrounding development and with officially approved plans orguidelines, ifany, for the areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made,for such ,matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Design Review Board's denial pursuant to Section 12-11, Design Review, Vail Town Code, to allow for architectural alterations to an existing residence, located at 1220 Ptarmigan. Road/Lot 2, Block 8, Vail Village Filing 7, subject to the following finding: 1. That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have been enforced correctly by the Design Review Board. VII. ATTACHMENTS A. Reduced plans comparing the approved elevations to the denied revisions B.. Appellant's appeal form C. Letter from the appellant D. Public notice and list of notified properties 5 ' ~ ~ ~ r+GJ Rcdr ~rd tl/iYJI d+kl>TINfq ' .NEN 6tnrlG ~ ~ ~ ' , E~r~/i.7'bR - .. Rl+riMq .c11iNWCY [t-rnrsD a's"a . . Nl_azvuc.rn nlrcar •+~''q. • ~,+~ ., Kahl nurmas, ryr. ~ _; ~~ ~ D4c tP p • •. i R , _ _ / ~ /// ~~/ ~~ d O i! :~ s ~e / " . ' ~ ~ AGN Icrin tv MAtuF // gq UU ~V~ f ~ ~ ~ L./ /~~ `J O . • PJ(ImNfq _: ... ~ _ _ - © Q swraDw buPawre - . - .. ~ _ _ _ _ - TXe-... __ -- . , ~ - - - - D `WLkI,~ ~`.TAL.. C1JTg'F . ~ I - sv n 3 ~p~ Rev~s~~n iPrGp~ - - -- ~ - .. _ --- - - : - r ._. ~ _.._ . . ~ ~ _ ~ - - - - - - - - tsriMS GIIMNE~!. errwrsa ~r~ { ~~ _ - oue ro n+azN ~+cr'g. ~ . ~ ~~ ~ ~ ~'O, . ~ tlEW srucco, ryr. ~ ` . ,~ '~~ reN nurmas, ryr. NGJ LCWk D J~LCCRV . , ~ New p-~,iuN~ ~-r r.~w D~ OO ~J G O . . . spa... --. - _ :: ;_ - . __ _ .: .- ' ~1'NORTH ELEVATION: ' ' Fi., yr•„:d - <t~ ` . NEW SKM201i NAKiI EKI$IM4 1 ~ ~ . _ 1~ 1-GFML-~}LI.- } . _ _ ' f n ~ ~ ~ • _ ~ . ~ '. i -~ _~~ . _ _ .. , . Pro ost ~ . ~eufs~orl ~. . ,, , - _ . _ ~ ~ , 5 ~en1ea ~ ,. , . .. ' , , , NEW 5~wcp tY MAttll EK15~INA /~ ~s~on e 1`/` • , • ` - ; ~ 1 • .. - tteu_Wrc~~... :~ ~ ' ~ r ' I a} ~ - ~ :r. - - . .......... ... _ C'1: WEST ELEVATION: A / I Ir I n ntw ad[!t mrw14 _ ~i~i/ _ ' ' ' ~ - W. NG-I aic( ra4dT~ ~ - Jed ~ _. . ro ., _ • ,- -, -NEW e, f. ~--nc n s • • ' NEW CL11r: - lltlUl CKlfrl Wro! H~Tt[Ipt~ ~ HCN I••10 CCPkR - ' -Hy.J Yt1WiINS, y^(~ At µ• crisi. ' MiNO.WS 4 • NcW Ir`4 LEDPR . .. - ~ ~' .INM6 T0.J M. T~'P. ' .. . ' •• . ; ~ _ ~ • .. t . !. NFU .1rb a:PAC ' ~ • ~ • ~ • r, 614FT rAa.Rp rYf . _. ____. r ', ~ .. f _ _ _ P~opost~ RG~~s~on _ _; . • ~ ~:. ' -----: ~ _ ' ~'ea~ . . .~' r' NEIL i'.c cew.c ' MArGH LKH71N4 •t ~ _ { • ~ ~' . ' Ycot MAT.GfLy - HCN I•lo GLPwR ~ ' F;totac .. _~ ~J-~ I _ - ~ - ~ ~• NG1.PF[., 7YP• He;J -llWiINS, tyr At A:s crix. NiND Ns 1F I © NEW 1>•.4 4eDAR .:._. __ _ _ ... - I ._._ dAMD TIJM. r'(P. . • 7t '. 1. s Nell IkV aevwc _ - ~ • ~ .. ,,, sklrcr eoa,RP~ rTr -- I SOUTH ELEVATIONS - µ~' vex-. r-o• ~ E4! WAt.L W~txga: twoee-Py,..,n. ~t _ ' yht+ IPW •YPY~ Ff ' ATT •PA4~ _ 50w~ww t' ` / t.. NKJ PtAO2 M+i+w4 , ~ ~ ~~ er ~ GµAW~ sPPCp. NCH Muo iun. 4A.°.~. ~ BUILDING SECTION: .. . - - ~_ - u KE`(NO I t5: U ~~ t ~` tI0 Q7' - ~ ....ntv.c..nw~ ' ~ a`wYiMiw`i+..iirrr~r"a..y....~~w9yl ' ~ • • .w~Wraunw 'Y'om W _ . !J"FFIGVED 6YTH'e Y¢"~~~~Pt ~. ~ ~ TOWN GP VAIL. ~o w.n pqp ~ w ss.s - ~_J----~. ' DESIGN flEVIEY700AH0, Pmm'm yam. tw O.e~^u ' ---- wtE ~-3-os ;A3.Q ~" ' ~ - ~ _ ~ PLANNE ~ L 'P'e'r ~ ~V r~irw~~+w~ r~ir ~~r~ ~iljlp+.~~i.tiwti ARCHITECTS lLLD M. ~ ~~' ' .w ~ ~`~,` a' 0`094`0 D. H. PU4GLE3 8 ASSOCIATES HUGGLES umcxUUtrcuuwum PS~ ~ enat~ wnsas tcuPnane Psl?i mws+s rfN 0 AO~y,~` s)sizuciy..~.:rat >~.,r / .. .,...,.. ou . K~~(ul~rY I{p~~ VIJi~y ~-- mm,~~x+n~~.,•~ni~--r --..N -.:'HESS RESIDENCE ` • ~iNT~RIgR_~-EXT~RIORREA~Qp~~ ~ 220 wi"~Rrpc;<v+'k'oAp vAU,000OHADo ~ @UIIDING fiEGU0/i8, v , .BU LpING SECTIO_ N: f ~ oJ~ Q~ar\ CCoSS~ SC'G'~~Oan 1~ a HESS RESIDENCE i22o PTARMIGAN ROAD VAIL, COLORADO ~ ..,, A R C H F T E C T S D. H. RCIGGLES & ASSOCIATES two CflBRAYCaBSK 9otrtH n~rv~.818 a~ DBNVNN ~IDRADb Bo2oq~gng6 COPYRIGIRioos ~e~e~;~ ~~- ~ . ccv ed '~ an ~P NDtzcF} ELEVq('IDy . HESS RESIDENCE i22o PTARMIGAN ROAD VAIL, COLORADO ~ ,~ 0 A 2 C H F T E C T S D. H. RtJGGI.$S Sc ASSOCIATES ymw CHSHBY C&HBK 80U1N DRiV6878 µo DHIiVNR COLORdD08oaoq :ia~6 ODPYRI611Ta00s ~encaen 4~ ~PP~~`'e~ Alan ~. ~~=~ , b y ! t ~. ~~~•' ,~. ~ . r .~ ~:., ~ t ,a • ~ ~, .~ ~~ is ,s~#),~+. ~a' 1t r , ~ r ,~f t1 ;tF U'."~„wi• 4~ g ~ J ~,'ro ~'4•.~'~c s e:ik n ..>, s`~! 5~~:t'~~J~Jv s ~ ~ Y t ~:~, ~ "'' r `rr 1 _,~~ ~ i ~ a {i', i' :'4 b t 9P.~t t ~~ K '~'• v ~f,w 'fir R~. y ,~ h t~, ~ r 1 .. ~ ~~ ri fib.' . ' a ~~~ as ~ ,, ~ ~~' ~, : ,~ ~ ~' ~'q~ ,. a ~ !! ~.7 ~•. os Y j Ste; tix 1 rp 'M ~ ~.. r L _ ~ii fi ~f. . r •r 4~ vb ~ i t l H :y Y ',}~ 1 . ... !. •~ ~ ..., .~.-we Y Q{~. i - *l Y~ •. ~ ~, ~, , , ~ .. ~ '~ r ~~rtr ?, r' t 5._~~ ~, x w~1 e • '~ '. 3 _ t . ~n> ~ .._ _ _ 1 _ _ __ x.,. A +~l ,. •. ... ti . j t .:' •: ~q y t .{.• 1 P•- •r r~~ ~ 'as t ri+a ~ ~~:a+ t:" R}r ~ ~ e\~ , i^ k,. y ' `a k ap Fi ^~ ~ f ~..~, z ~r&t ' ~ ~ s i t s. ~ ~ ~ ` ~ - xy ~ ••~ ~ r_ fir " a5 r n.~ ~ ~ a 7 ` ~ ' u ~. ~F~ ~ g ~ ~ `: .: ~ ~ ~ ~ ~ ~. at~ , ' ,; ,., `~ ~ ~ ~ .~ T~ •~ ~ ~ to ~ ri1 ~ ?~ 7 ~ ~vx ~ ,.. ~ ~ .. s , ~. 1 ~~ ~ e ~ . 1 r -1aa I ~ 1 e 1 • : •. § f7•' .. ~ e 'k. `~ r t n ~9 d~ $ ,^. ~ 3 ~ . , • .. , ., '~` r. ~ j ,~" c. Are_ .!~, r~~rrak~,+.:.'~ :.e _ vvisS "?v- `/k6'I'•. ^R~' ~.r...~~ ':c +~.r Y., n;t~ „ °~ A;.-; ~,nS•~,'~3. F•3:zi.";tsr n... ~; ,. ~: t+i~' .. K e . w`ti , Fir d `. »..,. ?'1 x ti-. ~~... ~• -.. •.r; ` ",. ~s.:_ ~~ ,,; -'- r ~'. ..,_ .. ~1 ,. ~ _,,:• __1 r ,,• ~,. ~, a 1'eF.'4~x ~ S'. ,- -, r ;~Esr ,, ;~` ~. - ll "its a: _f..-..,t^ -~!rk ~ c ," ~y yy, c.'t= f ~a s ~ r `k+~-y,.k n3 ..."+F"~~ ! ~~ ~ s r ~~ :.f, 1 - ~p''~$~ -~,;,.~g. 3F,~U+;.: ~ _ fe ;:;' 4 t} rz~ k' s'~~ ~:f' { .t~.+ 17A~`'..k ~ r~ ,'~"'%9 p }, rf... H f R: F'3.. .~~ ~,~~,.: r,~' ~ '1 ,.: '~Y '~W i. E' ~' Cq »• .~' . ~. _ 1 1. .~ r += ft•,{4 1yg • rkcT -'. '"{ 't1.a j:, ~y~' _` ~ ~. ~:, ~f' ijJ i ~`~~ `~'l"!~S M~ ''~ 3:y '~~a4 htl x''S.tY4 ~t (~']p~. ' -°brrkk, ~ ~usF~~,~. ,~'.f. ~ ~ t~~ ~", Y6F~' ~ ~, ~ . .. ri Tl'' y~w„'f{y~,'~~ I ~=3 .,~ 4-: f.. k) ~ kr P~ ~ ~ d A ~, C~Z AL•r~ .a F 3 t• . i ..;w{ . ,i t ;. lack .. .. .4x •' ~, ~ .~ r N t ~ d• a 9",t,+F're~x.,&r a''.a t _ ~ - .~ 1 3 a ? air. .~(fi ' A ~, r, .> ~t•:ty:L~r ,~, y~..m { ~ "~ .~,, ~! . Y ae'a, F :w:sc °'l4WA4MyPd dt ".J . • % ~ ~~~ •' ,,, ~: d' rv ~ ~ ~r F',~ ~ ~,t( n ~' ~~ ~ ' J ~~ ~ ~a~f•x?§ ~ }~ x[~t~' ~~~ r ~ a-.s a~si ~ `, +` t*~ ~ fJ 1;~" ~,~,~, s y ~`J. l~l ~ _ K '.-) ~ Yi i4 ~h ii ly M t g ~: ~i~ ~ ~- i ~ ,4 ~ ~ ~~ ~.' ~,;`-^ ~ gget ~T ~~ ~ ~. ~- ~ .. n~~~; 5~ ~i •-~.J i ': J~fr~,'~. r ~~r~,j~l~ ~a~ ~'~j~ :(~ s _ •° ~ i ,i. ar f'i fii e - jv i'•o r ,r. ~? -X ,~;. i'yT v ;~.~ zf- ~ ~c~x; ~'~ ", , . ° 3 3 ~~~ 5;?~'. 7 4~ F - x ~~i~~ ~ ~.:x.,L_r i_~~ ri r;1~. a ~`~`~1 , ..Sr ~~ ~ ' . ~ i~ a: K(',J~ ~-..1 ~,}t' ~?l~ r ~.,r~5 .1. + ~ / ~ z ~ ~v "~~~ ~~ F 'P , t ~ .. ~;< ~~ R~~;~~ 30~ ~~ Rey S, 4 ~ ` c r ~~` s~~'y ~' d ~ d r ": ~-~,1K ~' 'l ~ ~f1 `~- .r~y''da: ,~1"~i7~~~ ~h~ ~ ~`p, ~ I ~ ~'"Rk7,~h ks,~,,~- ~+ dlU.~; y,` `~aha~ ~ ~yli €F~ ~~j~ t t t '~/' APf ~j i~ vY' 'rid ~y~ ~} ~ ; ,~ ~ ~, , ' ~~rs ~:Yb ~ r :s a i i ~ ~y°~"'~~^~y~- ,~~~ ~y~F ~t ~, { ?~C~ ~~ ~~a 6~ :Si :~`, a ~-- ~ ~MA ~i~."~ sS ) ~: ~ ~M_ ~~~ y ~ 4~~. M `T1. c. ! + 4~r{ t i<c ~. ~. °~ `~ tE ~;} jf`f4 k.. r { ~ ~ ~ ~ ~~ef r~~" ± it 3 ~. r y+~ ft ~A~ J~ s~ ~ . i F ~:f ~ {~. !f 1 r i t f,l~ : ¢~ +~ , , p f i. } 4~ `A rg'~t. i 6 ~ r< 4yy~ 1~ ~T ~Sj{ ~"~ j ~~ .f~ y 4r f µ .. }- + ., f ~. r r ~~ ~ W _ k ~~% i ~h`"` > ~ .:n~ ..a, i. Vd, {,, y ' V 4i .. ~ r ~` ~ '~. ti 11 ~ "kro+ ~ lS.. 6 tt' a~~ a1+ 77r; 1 O ~~ 7 ~ '' wry ~ n $' ~ 4 H"~'- n , ~ Yr ' rl t r T ~ i 3 ~ .~ .j. ~ * .~' ;$~ r 4 ~ i a t-i. .. i 1 W ~~t }3 r . e, ~f 9 ~ PJ ~ ' 4 ~T . ; ~~ .Y " H ; ~ ~ i r~. ~,~ f rf~ ~n r t q, ~ v - ~ ~ S 1yyCj tj -•f. f ~ L ~ _.. Y ~1a'^L 4 +` :•b .2 ~1'. F.{ J 7R'lA_dp . ~n ~ ~ :. r,yh .Y"J~ ..'V, da-.. ' Ai'F3G W ?IfS '°'~ ~ \ a '~ ~ f s ~r ' ~ ~~8e*r' ~a #d -,n ..., :~ ~ .f _. QKr _ .' .....~.. ... ' • . ~.... .. .s ... ~~ a1...._. _ :,- *., ,t ^n ~ ;~ - ~. ~- f. 1 ~ W6~'. ELE~%,A~~N ~eho~ec;no~ ~ .~t`oQo9~a~ Rev soon ~ ~s~~ir .` ~ f l ~~~ - 1y, flr ~ ~, a ~e ~: 9 f" j ~~ ~~.~1~~'Y E ~~ ~>' . p,;~r , ~~~ ;~ ~+ krt WW•~ Y,~Sti ~r69s(~D' r u,~. > . ~µ~~ .~ App~a~s ~~Irm ~ DeparbtrErrt of Cornmugtty Development ~~~~Lt~ ~ , 75 Snuttt Frontage Road., Vail, Calorada S1G52 te1:970.479.Z139 fax: 9'7Q.479.245z web: p~rowv~li .aom Gieneral ;~informatlon: . This form is required for. fTng an appeal of a staff, Design Review Hoard, ar Planning and Errvlrorrmenta! Gornmtss~m action/dedglon, A oamAleoe Form and assodated re~quirerne+~s must'be submitted to the ~pmmunity i~evelopmene Department within twenty (20) calendar days of`the d~putesi actianidetision. Action j~~dsiion beirx~ app~led: _ . G,/~ru G ~ ~ ~~j2o v~_ ~~'NS _ !1Y G.,S~?,~ i~8~0 Cklan/ D~CJSIan: ~~~ Board ot~ 3t~f'i< person rendBring motion/dadasion: ~~S~GN f it°E67~~'~ ~D~Rl~ ~.. w Qom this appeal imrohre a specific parcel of la nd? ~ (no) ~ ves. al~~ You'an adjace,~t psraperty owner? (Yes~~td~ _ ..- Name of Appell~lnt(a'}. ~~ON/-L~ ~-~~ 1 9 Mailing ~~ddresx ~~'3b SorJTffzyoa,D iP~ ~~ ~,;,~~,g,,~ f !~( 3 5~223'~TPh phyairal Address In Yail: /Z ~ ~7/h'~l/6.?~ oNitlr' f~5 S LT /~SwS ~~- C %~-/c- , ~ legal D~~ cxlp~bion of Appellant(s) Props , In Vaily; LQt'~ Appelfar~t(s) Signature(x): L. . ,. ~~i~.../ ' y~L yicc.~,~ ~- (Attach a IIsC oi` signatures if mere specs i5 required). Submittal Re~ufremerltss x. 'On a separate sheet or separate' sheets of paper, Provide a detailed explar~atAon of how you are an "agQrlEVed or adversely affected person". Z, On a separate sheet or separate sheat3 of paper, s~ify the predSE nature of tiu appeal. Please dCe speclfc code 9edions having rele+rar>Qe to the action beir~ appE:aled. C/~r4-/~T~j2 ~// 77'z-E /Z 3, •PrOVa~e a Fisk of names tend addresses (both mailing and physical addresses in Veiq of aA ovmet8 of prope~:rty who bre tt~e subject of the appeal and all adjaGertit property owners (induding owners wH06e ProP~~ are separated from tkle subject Droperty by a rightof--way, dream, or other Inr~nrening bonier). 4. Provl~ie stamped, addressed envelopes for each Property owner 1'~SGed in (3.). PLEASE SUBMIT THt$ FORM ANQ AL,L SUBMZ;TTAI REQUi~tENTS 7d: TDYVN OF vAtl., pEPAR1'MEN'r OF C:OMMUNYrY DEYELOF'MEM', 75 501Jfli hAiDNTAG6 RI~AD, VAIL, COLORAOQ 8z6S3- For On1t;t Use'. ' dlY~~=';'~!• ~ ' ~~• ~~±-[~~!!ff~~ ~ ~ ' -,:`.:;' PIannCr: .... ~ _---k ~ - --'PrBfi'' ~nPa;.- `,'~,~r„%r ~~ , •~~~M r r • i ~ ~ ~"'"""r'°"".n~oRMSwaPUC~+ooe~ls.ooa Attachment: B _:. OU-21`=2005.._..15:47_-"FROM: HESS 2058794754___.__....__._..__.. _.........._.__~......_..__._ ~Zonz~c anal Donald F-Iess 70J NorCh 2Uth Streer, Suire..lUi~. Birminl;ha:n, r1L 35203 (205) 521-6.314 - Fa.~ (2q5) 32fi-368.3 Email: e.. [t)~n i11wc dn~t 's.C~,m Navernber 21, 2005 lawn Council of Vail Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Council Members: __T0 :'19788459979 ~ - As the new property owners of 122Q Ptarmigan Road, we submit the fallowing appeal to the Town Council. We believe. Section 12-11 of Design Review was not property interpreted and enforced by the .Design Review Board, -and that we have, in-.fact, met the intent of the referenced Section. W~ 5elieve the design submitted is in har~nony w-th the neighborhood and the sur~,ounding area. we have updated a 23 year old design to better fit the current neighborhood, 'i'he origirta! structure had a massive flat roof that faced the golf course. To break up the roof line we have added a shed dormer and stone to the fireplace chase, The~existing white stucco has been repiaced with new earth- toned stucco, and with contrasting wood trim around the new windows. We feel these changes have added much needed character to the old., plain design. Since the house sits very close to the mountain, the existing skylight system is essential to allow much needed natural interior light into the house. ~ Adding a roof over the skylight systen would make the interior cf the house much darker, We do not believe the skylights are a dominating or negative feature of the house, and therefore request the Town Council overturn the decision of the DRB to require the modir"ication of the skylights. Sincerely yours, _ .6~ ~`~.~ Ronne Hess C; ~ 1C-~ Donald Hess Attachment: C P : 1'-~ 1 THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Municipal Code of the Town of Vail on Tuesday, December 6, 2005, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application (DRB05- 0556), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. Appellant;. Donald and Ronne Hess Planner: Warren Campbell . The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Attachment: D 1200 Ptarmigan Hyatt, Eileen & Charles 301 Cook Street Denver, CO 80206-4422 1119 Ptarmigan Town of Vail C/O Finance Dept 75 S. Frontage Road Vail, CO 81657 1250 Ptarmigan M. Crow Management Trust 2100 McKinney Ave, Suite 700 Dallas, TX 75201 1200B Ptarmigan John H. Stampler Vail House Qpr Trust 3600 S. Gilpin Englewood, CO 80110 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ November 28, 2005 Tt}WNOFYAIL PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele Site Visits: 1. Roley / Skaggs Residence Driver: MEMBERS ABSENT Chas Bernhardt Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2, and setting forth details irk regard thereto. Applicant Kevin Roley and Kate Skaggs Planner: Elisabeth Eckel ACTION: Denied MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Elisabeth Eckel gave a presentation per the staff memorandum. Kevin Roley, the applicant, added that the request was being made to provide additional egress options in the event.of another fire. Another aspect he was considering through the request was the near impossibility of cantilevering the existing deck, should it be replaced with the same dimensions it'. contained before the fire. Additionally, the applicant wanted to avoid excessive construction within the garage and the ceiling support systems. He concluded by stating that the main goal was to provide a covered parking area for the EHU tenant. The Commissioners felt there was no proof of a substantial hardship and stated that the approval of this variance would be a grant of special privilege. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, (Ritz Carlton Residences) and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; bnd final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi-family residential dwelling Page 1 units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell Major Exterior Alteration ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 For Design Review 1) That the Developer submits a complete application to the Town of Vail Community Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Ritz-Carlton Residences improvements. 2) That the Developer prepares aRitz-Carlton Residences Site Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the issuance of a building permit for the Ritz-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the Ritz-Carlton Residences site. The implementation of the Plan will be reasonably incorporated by Vail Associates into the Ritz-Carlton Residences construction schedule in accordance with generally prevailing construction practices. Prior to Submitting for Buildin4 Permits 3) That the Developer submits a .Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department, prior to the issuance of. a building permit for the Ritz-Carlton Residences improvements. 4) That the Developer submits a complete set of. civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Ritz-Carlton Residences improvements. Prior to Reauestina a Temporary Certificate of Occupant 5) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) 10 employees, and that said restrictions shall be~ made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk 8~ Recorder's Office, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements Page 2 The Developer may provide required employee housing on an interim basis, not to exceed four (4) years (November 28, 2008) except that ultimately the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences employee housing requirements. 6) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (56 trips), or .$280,000, as a result of the Ritz-Carlton Residences improvements. The fee shall be paid in full by the Developer prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. If the improvements as shown on the plans entitled "The Ritz-Carlton Residences (based on CDOT requirements)", dated October 21, 2005, and as approved on November 28, 2005, by the PEC are constructed and completed by the Developer, said fee shall be waived in full by the Town. Conditional Use Permit ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Resolution 18, Series of 2004 Architectural Deviations ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 6-0:0 Warren Campbell gave a presentation per the staff memorandum. Jay Peterson, representing the applicant, began by expressing his thanks to the Vail Spa ownership and legal council for working with them to resolve their concerns. He stated that the Vail Spa would be granted anon-exclusive pedestrian easement in perpetuity across the Ritz property. Furthermore, he added that no noise would be generated within or by the tower use per the request of Vail Spa. There was no public comment. The Commission expressed that they were very pleased with how the project worked regarding this project. 'The outcome of the process and all parties working together and compromising resulting in a structure which would be a compliment to the community and Lionshead. 3. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen facilities as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to December 12, 2005 MOTION: Viele SECOND: Lamb VOTE: 6-0-0 George Ruther presented the project according to the staff memorandum Dominic Mauriello further described the project and the approaches that staff recommended as part of its memorandum. He added that the applicant would prefer for this use to remain a conditional use, with the Planning Commission simply amending or adding conditions to suit its Page 3 needs. He continued to say that the Marriott stated that these kitchens were only used 15% of the time. No public comment was added. Bill Jewitt expressed his concerns that a conditional use such as the one proposed would be allowed within the PA district. He preferred Option #1. He stated that he was most comfortable with the creation of a new zone district, though if the conditions were specific enough this use would not be found in any other PA district which might be a~desirable result as well. Rollie Kjesbo stated that drafting a new zone district might be the most reasonable conclusion. George Lamb agreed with what had been said. He complimented the Town on its initiative in drafting many solutions for review. As he stated in the last meeting, he was supportive of the concept but thought the proposal still needed much attention. David Viele commented that a blanket conditional use provided much latitude for the creation of a "co-op" and the use of the rooms as apartments. He understood the desire of the applicant to develop the u'se by right, but wondered what the applicant's primary goal was. Doug Cahill mentioned that he would prefer to table the item until the kitchen vs. the kitchenette use was deciphered. Dominic Mauriello responded that there was no issue to the co-op concern and the applicant would likely be amenable to the creation of a new zone district to provide for the construction of the kitchenette uses; thus the request for a permanent rather than conditional use. George Ruther requested that the Commission be reminded of the initial opposition to the Fractional Fed Unit idea. He commented that at least the concept was supported in this case. Enough direction had been provided to work with the applicant in the creation of a new zone district and the revision of the definitions of accommodation units, kitchen facilities, etc. Dominic Mauriello asked that this project not be added to the West Vail Master Planning conversations. 4. A request for a final review of a minor amendment to Special Development District No. 36, (Four Seasons Hotel), pursuant to Section 12-9A-10A, Vail Town Code, to allow for a new mixed-use hotel project, located at 13 Vail Road and 28 South Frontage Road/Lots A and C, Vail Village Filing 2, and Setting forth details in regard thereto. Applicant: Vail Development, LLC, represented by Thomas J. Brink Planner: Matt Gennett ACTION: No action required Rollie Kjesbo stated that he had worked in a minor capacity with Nine Vail Road. Matt Gennett introduced the project according to the memorandum. Tim Losa, the applicant's representative, described that the building had been moved one foot to the south to modify encroachments upon setbacks. Gwen Scalpello, Nine Vail Road Condominium Association, described her meetings with Matt Gennett. She stated that she had a serious concern that the application was incomplete. The relocation of Spraddle Creek and its associated easement agreements should be documented Page 4 ,: on the plans: She believed that the Town needed the time to correctly analyze the proposed changes to the proposed relocation of the building. Tom Kassmel commented that the complete details of the relocation had been discussed in depth with regard to the timing of construction, neighboring property owners, etc. Doug Cahill clarified with Tom that the movement of the building did not exactly affect the Town's public works improvements. Lisa Shapiro, a homeowner at Nine Vail Road, concurred with Ms. Scalpello's comments regarding the. encroachment of the building and its very proximate location to Nine Vail Road, which deeply affects the character of the Nine Vail Road complex. Tim Losa added that by shifting the building to the south, an encroachment from another area of the development onto adjacent properties had been avoided. Jim Lamont, representing Vail Village Homeowners, commented that setback issues were very sensitive at the time of the original approval. He believes it would be wise of the applicant to communicate to the adjacent property owners with regard to the effects the shift in the building footprint. Doug Cahill commented that staff approvals could result from any shift of less than five feet to the building footprint and that the applicant could do some further PR work if he thought it to be necessary. Tim Losa guaranteed the Commissioners that the deviations had been clearly outlined and stated that the applicant had spoken multiple times with the ownership component of Nine Vail Road. Gwen Scalpello said that she and TJ Brink spoke often, yet the proposed shift of the building footprint was never addressed. Multiple sets of drawings were being used that may or may not represent thetruth. Jim Lamont asked whether the changes affected the west or south. Matt Gennett answered that a different impact resulted on each side of the building as a result of the shift. Jim Lamont further asked how neighbors may be apprised of the changes. Some discussions occurred regarding the timing of an appeal and the validation of the staff approval which was supposed to take effect today at the PEC meeting. Tim Losa stated that the submitted documents had not changed. Because the building had moved due south, no impacts to the Scorpio resulted. Doug Cahill stated that the staff approval would remain as long as no objection from other Commissioners was made. 5. A request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the construction of 124 accommodation units with kitchen facilities, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge; LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to December 12, 2005 MOTION:.fewitt SECOND: Kjesbo VOTE: 6-0-0 Page 5 6. A request fora final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to December 12, 2005 MOTION: Jewitt SECOND: Kjesbo VOTE: 6-0-0 7. Approval of November 14, 2005 minutes MOTION: Viele SECOND: Jewitt VOTE: 6-0-0 8. Information Update 9. Adjournment MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information.. Community Development Department Published November 25, 2005, in the Vail Daily. Page 6 r PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING November 14, 2005 TOi6NOFYAIL ' PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Doug Cahill Rollie Kjesbo Ann Gunion Chas Bernhardt David Viele Bill Jewitt George Lamb MEMBERS ABSENT Site Visits: 1. Roost Lodge -1783 North Frontage Road 2. Buffehr Creek Partners -1701 A-F Buffehr Creek Road 3. Cascade Village Theatres -1310 Westhaven Drive Driver: George Public Hearing -Town Council Chambers 2:00 pm A request, ford a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for the operation of a kitchen' facility, located at 710 Lionshead Circle, Units A and B (Vail Spa)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Kyle and Lorraine Webb Planner: Matt Gennett ACTION: Approval MOTION: Kjesbo .SECOND: Jewitt VOTE: 7-0-0 Matt Gennett gave a presentation pursuant to.the staff memorandum. Doug Cahill opened up the hearing for public comment and there was none. PEC deliberation: no comments from any of the PEC commissioners. 2. A request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lot 2, Block 3, Vail Lionshead 2"d Filing, Evergreen Lodge at Vail, from High Density Multiple Family (HDMF) zone district to Lionshead Mixed Use 1 (LMU1) zone district, located at 250 South Frontage Road West/Lot 2, Block 3, Vail Lionshead 2"d Filing, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by Thomas J. Brink Planner: George Ruther ACTION: Forwarded a recommendation of approval MOTION: Kjesbo SECOND: Viele ~ VOTE: 7-0-0 Page 1 George Ruther gave a presentation per the staff memorandum. Jim Lamont representing the Vail Village Homeowners Association made several comments regarding boundaries of the Master Plan, traffic impacts, and unspecific language surrounding this proposal when it was before Town Council. Lamont does not find any factual proof supporting the rezoning. This is a critical piece of property and the Town needs to know how changing the zoning will impact infrastructure. Gwen Scalpello, stated that over the next 3 or 4 years the Frontage Road will become a wall of 80- foot tall buildings. Concerned about preserving open space. The 10-foot setback in LMU-1 is much too small, 20 feet would be much more appropriate. The Commission supports the rezoning as the memorandum adequately addresses the criteria and to have a zone district applied to the property will be more favorable than an SDD. Several members expressed concern that traffic impacts will need to be understood upon submittal of a development application. The opportunity to work with the hospital should be explored in earnest. The Commission felt that bringing one more parcel into the Master Plan area was beneficial as it applied criteria for review of a development plan. The Commission believed that all the issues Jim had raised have been addressed over the course of several meetings regarding the rezoning proposal. In ;addition, Resolution 15, Series of 2005, addressed many of the concerns raised by Mr. Lamont. 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, .to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to November 28, 2005 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 George Ruther gave a presentation per the staff memorandum. There was no public comment. The Commission agreed this was a request which deserved further exploration and directed staff to return to the November 28th public hearing with options including pros and cons for this text amendment. 4. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen facilities as a new cofiditional use in the Public Accommodation zone, district, and setting forth details in details in regard thereto. Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group,, LLC Planner: George Ruther ACTION: Tabled to November 28, 2005 MOTION: Viele SECOND: Kjesbo. VOTE: 7-0-0 George Ruther gave a presentation per the staff memorandum. The applicant, represented by the Mauriello Planning Group, LLC, gave a power point presentation.:: Page 2 Jim Lamont, representing the Vail Village Homeowners, stated that his group's issue is that there is no master plan for this area. He believes that the property should be looked at a in a larger picture, perhaps in conjunction with the Timber Ridge redevelopment. Concerned about future CDOT improvements to increase the width of I-70 and the impacts on the Frontage Road. These changes could affect the number of curb-cut allowing access to the. site. Suggested that rezoning the property may be more appropriate in order to give the developer greater flexibility. Kevin Dieghan, principle of Timberline Roost Lodge, stated that the Roost is the most heavily used hotel in Town. This is a telling sign that there is a need for a lower priced lodging option. This is a perfect site for a select service hotel which currently does not exist in this market. The Marriott finds that fewer than 10% of guests use the kitchen in the unit. Pat Dauphinais, neighboring property owner, wanted to address traffic concerns. He pointed out the possible need of a left turn lane at the Buffehr Creek Road intersection. He does not believe that a left hand turn lane would be needed for a hotel with three curb-cuts. Mr. Dauphinais asked George Ruther for clarification on the EHU provisions requirements. Mr. Dauphinais believed the EHU requirement is awfully light. Mr. Dauphinais informed the applicant that they would be paying for any construction easement that may be needed. Mr. Dauphinais has concerns about the architectural elevations, but does not see any reason for denying the project. Bill Jewitt agrees with most of what Jim Lamont stated. Commissioner Jewitt would like to see architectural styles match in the West Vail area; need to break up ridge, concerned about constructability of project. Physical model would be very helpful and maybe a digital model as well. Rollie Kjesbo agrees property needs to be redevelopment. The design would be better suited for a flat lot. The design does not respond to site. The unbroken ridgeline is a concern. Three access points probably excessive and turn lane likely necessary. Commissioner Kjesbo agrees text amendment affecting entire town would be problematic regarding kitchens in accommodation units. George Lamb believes the applicant's schedule is too aggressive. Model is imperative. Commissioner Lamb is in favor of the concept of redevelopment and a lower price point hotel, though is concerned that the plan does not respond to the site appropriately in terms of grading and drainage:; Commissioner Lamb feels it is worth the effort to work with the applicant but thinks there is a lot of work ahead in terms of bulk, mass, and height. Anne Gunion agrees that the project does meet most of the development standards, however, there are criteria for review which the project does not meet. She feels design (bulk, mass, and height) is not appropriate for site; is concerned with how retaining walls will work in terms of landscaping. Commissioner Gunion like some site sections submitted. Would wait to do a model until DRB comments are obtained. David Viele sees the project as a use by right and the project was designed that way. He believes doing a master plan now would be inappropriate; thinks the building has a long way to go in terms of architecture and design. This site is different than those found in the Village (property values). Chas Bernhardt likes the concept and under ground parking. He does not like the steep cuts and thinks the retaining wall is a concern. Project does not comply with Criteria 4. Maybe establish a Public Accommodation 2 zone district to address the kitchen desire. Page 3 Doug Cahill stated that he agreed with all the previous comments. He believes a model is necessary. Believes the architecture is "stale". Three access points in terms of function will probably work. Concerned about how EHU requirements are calculated. Tom Kassmel addressed several traffic issues and concerns in regards to CDOT designation. Frontage Roads are arterials within Town. This project is doubling in size and a turn lane would be required. Bill Fox, the applicant's traffic engineer, stated that the requirements for a frontage road or an arterial are th'e same in terms of warranting turn lanes. Does not believe this project requires a turn lane. 5. A request for a final review of an .amendment to an Approved Development Plan, to allow for modifications to the existing platted building envelope (Lot 1), site access (Lot 1), an increase in Gross Residential Floor Area (Lots 1-6); and a request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, within the Eleni Zneimer Subdivision located at 1701A-F. Buffehr Creek Road/Lots 1-6, Eleni Zneimer Subdivision, and setting forth details in regard thereto. Applicant: Buffehr Creek Partners, represented by Fritzlen Pierce Architects Planner: Warren Campbell Amendment to the Approved Development Plan ACTION: Approval MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-2 (Gunion and Lamb recused) Amended Final Plat ACTION: Approval MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-2 (Gunion and Lamb recused) Warren Campbell gave a presentation per the staff memorandum. Attention was brought to the concerns of the neighbors who had submitted letters. Bill Pierce, representing the applicant gave a presentation supporting the relocation of the access to Lot 1. The retaining walls would have a potentially negative visual impact. There was no public comment The Commission felt that the requested amendments to the development plan and the associated amended final plat maintained the intent of the approved development plan and resulted in a better solution. 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi-family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Tabled to November 28, 2005 MOTION: Jewitt SECOND: Viele VOTE: 7-0-0 v Page 4 Warren Campbell gave a presentation pursuant to the staff memorandum Jay Peterson and Bob Fitzgerald, representing the applicant, gave a presentation on the changes made to the Ritz-Carlton project since the last meeting. Mr. Peterson stated that the changes represent the applicant's response to each of the PEC members' comments. Mr. Petersen concluded by stating that the applicant would be removing two of the condominium spaces from the requested Conditional Use Permit request and would be reserving a common space for potential retail area once the West Lionshead Master Plan including a possible lift was explored further. The Commission was positive and praised the changes made by the applicant. Commissioner Bill Jewitt stated that he felt that retail/commercial in this project was not appropriate and felt that the Master Plan anticipated this high density condominium project. Other members of -the Commission felt that the flexibility of not requesting Conditional Use Permits for condos on all the units at this time was good until more was known about the potential development in the West Lionshead area. 7. A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units and office uses in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. Applicant: Cascade Village Theatres, Inc., represented by Mauriello Planning Group, LLC Planner: Matt Gennett ACTION: Approval MOTION: Kjesbo SECONIO: Viele VOTE: 7-0-0 Matt Gennett gave a presentation pursuant to the staff memorandum. Dominic Mauriello, representing the applicant, gave a presentation.. Doug Cahill opened up the hearing to public comment and there was none. PEC deliberation: Anne Gunion asked for clarification on criterion number one and Matt Gennett explained the rationale behind that particular criterion. David Viele voiced his support for the project and stated no condition related to parking is needed. Chas Bernhardt agreed with David Viele ar~d had no additional comment. Bill Jewitt voiced his support for the amendment but added he does not like the architecture. a Rollie Kjesbo'agreed with David Viele and had no additional comment. George Lamb agreed with the rest of the commissioners and had no additional comment. Doug Cahill briefly summarized the clear benefits of the project and had no additional comment. Page 5 8. A request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lots 1-3, Vail das Schone Filing 1, Lot 1; and Vail das Schone Filing 3 from the Commercial Core 3 (CC3) zone district to the Public Accommodation (PA) zone district, located at 2211 North Frontage Road/Lots 1=3, Vail das Schone fling 1 and 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I LLC, represented by Bharat Bhakta Planner: Matt Gennett ACTION: Tabled to January 9, 2006 MOTION: Viele SECOND: Bernhardt VOTE: 7-0-0 9. A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of the Conference Center development site; final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow fo'r a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section 8:3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle/ Lot 1, Block 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson ACTION: WITHDRAWN 10. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: WITHDRAWN 11. Approval of October 24, 2005 minutes MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 12. Information Update 13. Adjournment MOTION: Viele SECOND:'Gunion VOTE:7-0-0 The applications ;and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 11, 2005, in the Vail Daily. Page 6 DESIGN REVIEW BOARD AGENDA !~ November 16, 2005 ~~~~ • 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Pete Dunning Sherry Dorward Lynne Fritzlen Joe Hanlon Margaret Rogers MEMBERS ABSENT SITE VISITS 1. Herman Residence - 2608 Arosa Drive 2. Cascade Village -1310 Westhaven Drive 3. Ryan Residence - 95 Forest Road 4. Gaughan Residence - 385 Mill Creek Circle 5. CMC Trust, Inc. - 3996A Lupine Drive 6. Skarajunsky Residence - 3996B Lupine Drive 7. Augustine Residence - 5119 Black Bear Lane Driver: Bill PUBLIC HEARING -TOWN COUNCIL CHAMBERS a 1. Town of Vail/Art in Public Places DR605-0594 Final review of minor alteration (trash cans) 1309 Elkhorn Drive/Unplatted Applicant: Town of Vail, represented by Leslie Fordham ACTION: Approved MOTION: Hanlon SECOND: Fritzlen VOTE: 5-0-0 2. Cascade Village DR605-0560 Conceptual review of a minor alteration (entry lobby) 1310 Westhaven Drive, Unit C202/Cascade Village Applicant: Neil Sirotkin, represented by Mauriello Planning Group, LLC ACTION: Conceptual review, no vote 3. Smead Residence DR605-0578 Final review of a minor alteration (landscaping changes) 395 Mill Creek Circle/Lot 19, Block 1, Vail Village Filing 1 Applicant: Ann Smead, represented by Fitz & Gaylord Landscaping ACTION: Approved MOTION: Hanlon SECOND: Fritzlen VOTE: 5-0-0 CONDITION(S): 12:OOpm 2:OOpm 3:OOpm Warren Matt Matt Page 1 4. Augustine Residence DRB05-0575 Bill Conceptual review of a residential addition (bedrooms) 5119 Black Bear Lane/Lot 8, Block 2, Gore Creek Subdivision Applicant: Lisa Augustine, represented by John Perkins ACTION: Conceptual review, no vote 5. Ryan Residence DR605-0508 Bill Final review of separation request 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 Applicant: Jack and Karen Ryan, represented by Michael Suman Architect, LLC ACTION: Tabled to December 7, 2005 MOTION: Dunning SECOND: Hanlon VOTE: 5-0-0 6. White Rock Properties East Vail LLC DRB05-0262 Bill Final review of new construction (new two-family residence) 4057 Lupine Drive/Lot 4, Bighorn Subdivision Applicant: White Rock Properties East Vail LLC, represented by William Restock ACTION: Approved with condition(s) MOTION: Hanlon SECOND: Fritzlen VOTE: 5-0-0 CONDITION(S): ' 1) The applicant shall replace any existing trees that die within the next two years with the same species of trees. .r 7. Gaughan Residence DRB05-0576 Elisabeth Final review of new construction (single family residence) 385 MiII Creek Circle/Lot 18, Block 1, Vail Village Filing 1 Applicant: Michael Gaughan, represented by Zehren and Associates ACTION: Tabled to December 7, 2005 ,MOTION: Dunning SECOND: Hanlon .VOTE: 5-0-0 8. Gore Creek Plaza Condominiums DRB05-0593 Elisabeth Conceptual review (addition of retail and restaurant space) 193 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Rod and Beth Slifer, represented by Fritzlen Pierce Architects ACTION: Conceptual review, no vote 9. Vail Dover Associates, LLC DRB05-0376 George Final review of change to approved plans (landscaping) One Willow Bridge Road/Lot 2, Block 5E, Sonnenalp Subdivision Applicant: Vail Dover Associates, LLC, represented by Resort Design Associates ACTION: Tabled to December 7, 2005 MOTION: Hanlon SECOND: Fritzlen VOTE: 5-0-0 10. Roost Lodge'DRB05-0550 George Final review of new construction (new hotel) 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC ACTION: Tabled to December 7, 2005 MOTION: SECOND: VOTE: Page 2 11. Herman Residence DRB05-0569 Warren Final review of a residential addition (garage and bedroom) 2608 Arosa Drive/lot 2, Block D, Vail Ridge Applicant: Stephen and Brenda Herman, represented by Mauriello Planning Group, LLC ACTION: Approved with condition(s) MOTION: Fritzlen SECOND: Dunning VOTE: 5-0-0 CONDITION(S): 1) The applicant shall submit a recorded copy of the encroachment agreement for the existing improvements located on the adjacent lot to the east prior to submitting for building permits. 2) The applicant shall submit a revised landscaping plan showing the relocated evergreen trees planted adjacent to the north elevation of the new garage prior to submitting for a building permit, for review and approval by staff. 12. CMC Trust, Inc. DRB05-0581 ~ Bill Conceptual review of a residential addition 3996A Lupine Drive/Lot 1, Block 2, Bighorn Subdivision Addition 1 Applicant: Cecil Christensen ACTION: Conceptual review, no vote 13. Skarajunsky Residence DR605-0582 Bill Conceptual review of a residential addition 39968 Lupine Drive/Lot 1, Block 2, Bighorn Subdivision Addition 1 Applicant: Vinnie Skarajunsky ACTION: Conceptual review, no vote Staff Approvals: Shannon Residence DRB05-0566 Bill Final review of change to approved plans (exterior lighting) 245 Forest Road/Lot 22, Block 7, Vail Village Filing 1 Applicant: Mike and Mary Sue Shannon, represented by K.H. Webb Architects, PC Vail Resorts, Inc. DRB05-0591 George Final review of a building identification sign ' Bottom of Chair 8/part of Tract D, Block 1, Vail Lionshead Filing 1 Applicant: Vail Resorts, Inc., represented by Rick Caudel f Braxton Residence DRB05-0584 gill Final review of a minor alteration (garage doors, windows) 2674 Larkspur Lane/Lot 3, Block 1, Intermountain Subdivision Applicant: Carol Braxton -Vail Village Inn, Inc. DR605-0592 George Final review of change to approved plans (underground pedestrian service tunnel) 68 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1 Applicant: Josef Staufer, represented by Zehren and Associates, Inc. Arrabelle DRB05~ 0596 George Final review of change to approved plans (retaining wall) 675 Lionshead Place/Lot 2, Block 1, Vail Lionshead Filing 6 Applicant: Vail Carp., represented by Jay Peterson Page 3 Forest International DR605-0564 Matt Final review of change to approved plans (lower level floor plan) 45 Forest Road/Lot 33, Block 7, Vail Village Filing 1 Applicant: Forest International, LLC, represented by Steve Riden Hochtl Residence DR605-0599 Warren Final review of a'minor alteration (landscaping) 890 Red Sandstone Circle/Lot 5, Block 3, Vail Village Filing 9 Applicant: Karl and Christie Hochtl Tanis Residence DRB05-0601 Joe Final review of a minor alteration (windows) 3094 Booth Falls Road, Unit 18/Booth Falls Mountain Townhomes Applicant: Christopher Tanis, represented by Burke Harrington Construction McGlynn Residence DR605-0587 Warren Final review of changes to approved plans (driveway) 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision Applicant: Peter and Ethyl McGlynn Town of Vail DRB05-0600 Joe Final review of a minor alteration (retaining wall) 2109 North Frontage RoadNail Commons Applicant: Town of Vail, represented by PNCI Construction, Inc. Schurman Residence DR605-0573 Matt Final review of a minor alteration (window) 1083 Lion's Ridgy Loop, Unit 1/Lot B, Telemark Condominiums Applicant: Dennis and Linda Schurman, represented by Alpine Construction and Remodeling, Inc. CMC Condominiums DR605-0586 Matt Final review of a minor alteration (railing change) 1310 Westhaven Drive/Area A, Cascade Village Applicant: Don Mac Lachlan, represented by Fritzlen-Pierce Architects McNunn Residence DRB05-0610 Joe Final review of a minor alteration (spa) 44 Willow Road/Lot 9, Vail Village Filing 1 Applicant: Tony ~viCNUnn, represented by Maximum Comfort Pool & Spa, Inc. Lillian Residence DRB05-0609 Joe Final review of a minor alteration (re-roof) 1350 Sandstone Drive, Unit 1/Eiger Chalets . Applicant: Trilogy Capital Partners, LLC, represented by Master Sealers The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. ~. Page 4 Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 5. { .MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 6, 2005 SUBJECT: First reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No: 22, Grand Traverse, and setting forth details in regard thereto. Applicant: Pat Dauphinais, President of the Grand Traverse H.O.A. Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a first reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special, Development District No. 22, Grand Traverse, and setting forth details in regard thereto. The purpose of Ordinance No. 25, Series of 2005, is to remove Gross Residential Floor Area (GRFA) limitations from the SDD and rely on the remaining development and architectural controls incorporated into the existing SDD and increase the number of lots within the SDD from 22 to 23 lots. The staff and applicant are .requesting that the Town Council listen to a presentation on the proposed ordinance and approve Ordinance No. 25, Series of .2005, upon first reading. II. BACKGROUND On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross Residential Floor Area limitations within the Grand Traverse residential development and an increase in the number of lots from 22 to 23 lots. Upon review of the request, the Planning and Environmental Commission voted 4-0- 0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. A copy of the staff memorandum to the Town of Vail Planning and Environmental Commission, dated September 26, 2005, has been attached for reference. On October 18, 2005, the Town Council held a work session regarding the applicant's proposal. Discussion of the applicant's proposal centered on how Ordinance 14, Series of 2004, the ordinance amending GRFA affected the lots located within SDD No. 22, Grand Traverse. Several members of Council expressed concern over the elimination of GRFA, but agreed with the applicant and the homeowners present at the meeting that some amendment should be enacted in order for Ordinance 14, Series of 2004, to better apply to lots within SDD No. 22, Grand Traverse. Other members of Council were comfortable with the proposal. Staff wa's directed to compile additional information and the application was tabled to November 15, 2005. On November 15, 2005, the Town Council tabled the application without discussion to the December 6, 2005, meeting. III. STAFF RECOMMENDATION The Community Development Department recommends that_ the Vail Town Council approves Ordinance No. 25, Series of 2005. IV. ATTACHMENTS A. .Vicinity Map B. Draft of Ordinance 25, Series of 2005 C. Copy of the plat approved by PEC resubdividing Lot 5 within SDD No. 22, Grand Traverse D. Table of statistics for SDD No. 22, Grand Traverse, prepared by staff E. Memorandum to Planning and Environmental Commission dated September 26, 2005 2 riannniy ar~ca ~nvironmentai ~omm~ssion 5eptemner 1.b 1UU5 - - ~ ~a~'~i :i ~ µs ,~~ ~ I,r. „w~ 'R,t ~`~. ~r Y.~-vy~ fy~'~ _ '^YT.a.' ;.., '~~g~ "w~ 'yQ„ ~ ~ X31 :r~ r ~ ~ T'{ ~Sr f . - *-; yi' ~r J ~, H,Jr;, ~ ~~: ~," ft~~ R YO" F ~... ~ t'^'e~i> . \ fr ..{ T :. '~. a~.;.~. t': t';'~ ,.- - ~S r ~ ~~--.rr~. I~iw-il ~ ,. 1.+: ~ ~ .~.4 .'~'~- O~~r ryi. • ,, 4~,.~ ~, :+,. t''r ~ ,: ~ -' r 'r fs ~' ..,~~ M,:r t. .' j. T,~. ~. J~v-.f{na tom'". bL~ y r• t?. ,rs ~- ~ ~ ~_ ~, _ ~~_: •r:".,- ~~ •-nv,. _ "'..i ~~ .~:.~ "w "~'+`t }1i.. ', ~Jii ~ ~~i ,r~`-~.'.~ ~'~ ~:~~..C' "'_'... t' 4~y~ c ~~~, ~~ J .~* -*~ r~. ,. . f'r r;. - ~ .~.`. ~ r7 ~!/'~ ,.r~ ~ + [y "t r,. ~ ~~ Z~ ~c j ~.r ~ ~,-r•r''rf.K , C"` _.' f ~ ~f~~, ~=.{-. _ ,~q~>~ ~ F ` \ i i~ 1 ~ ~I ~ ti °.~ ~~ ~.- ~Cf,': t :;~ .r~r -.s ~:~iS/ `- ~ w.,~~ '` ~~ ' ,~1," *` t 1 '~' r} {. ~ .`„ ~ t••f ~. R...l a?,S- (', 1 F :1 .dS 1._h~'r, i~j~ t ~ ~ ' ~ ~~'~,--: ~ 4 ~., ~ ~`~~ ~~ "' v Y.t, ..,..~?:aI - ~~r•:~.~ v,'! ~'j`{.sir ,r~r=1~ rr r. ~-_y ' `.~~. j~-Prx;.:~~ .~;.~. ;~'r4. ~,, f~y~ .~ ~,, ~~ .. ,k :;j:.-~r?x.::- y, r~ ,5~. ~ ~w~'~'i G ~; . ,.:?~4s,~,,,~, .,,a t!f.~i's ~.;~.J~'1 r,.-ti~l•t;r'•t~>. ".ik~e 11ti~'~°,C'~~. j;~.~ \`.^y'.;' - ~lr.' i f ~~~,1 ~ZY%•~y ~"T .--?. ~,~-r.. y ,kr. ~~`~sd.~kk~ ,,~~~,*L1! ~'~r; tr. ~b,~'! _L .~,~y c~"^~,s.~8 :r~~, sy-, ~J_~ „~1.~'1,,: 1, ~ „~~:. i,v. 'j t r ~ rY r~i ~, r s a~f~: ~ ~~`'~5'+-7 -. t ~ ~' r , y R S y _,3~~f'k~~ ~ 4,Y-',~ '~ ~ ii - ~'f , f " '- ~ ". . ~ F" --. .d"- ~ ~ ~,"' ti j' .+;%~ G•7 m.. ~- b.~yr 1~. :.,f yr r-~ `3F ~ :,~ ~: t'~T~ -~-...r .'}` ~ ~-_ ~1 '.1 : ~ ~~,~ i,~ E° •~.~,/ + T~J~-i ,i ~ ~y F`ti ~ ,c r •C' ri~'~'~Y~'y r~u t r~ ; r*~ ~r"~~ykln-a ,;~ri'.~"'% ++ ~/ ~~\. ~ ~ ti ~L:1 ~~ J ~=s ~ _~'~ a p.~ ~'" ! .-.c~' .~ f{. dry. ,r.;,,~~. v':F, "' "Z`•L?~r. ~a .Y. ,, ~'.4..r ~"_'~ ~~~ ,,~~ - ?-x3 '~-~ ''~'~ ,r •"~ ~J ~' ~:_ i+ .5~~^v~r i:.''"~~-{:,,t~.r,: fry. '~' •~~a'". ~'~+f~t ~X,~:" ,~,.`.,~'y: r. • ~+t. ~_~ 't~~~r" ~~" ;.;~f -.. _~ ~~ cF" -~ r ~ %i~i i ..,•1 .1; .c~ ~~k„s~S+CJt ti rv-,~.i~4\'1•~~•q''~-,*Yn ,'~`'~~~3r-`.Ic ~i~..«~r~~ • ~'~y ~.~- .fr~~~."'-`.,.t<~ ~,r~~~,l.. ~, ,"J~' ~'t ~Sr -~: .a." - "" ~?ft 'tY,~'t `t',,~. r. ,~, ,.-Fv' ~7. ~t~~5 `..i. ~` !/,- - ± ~i. .~., ~''.,yr a,t a ~"s'.~ _ ~.`:r-~ Frr',y2:' --- - ,-.t, t .,r 2?`-`,,c''w,~ •.'~ - ,.~y- E ~,,.~ , ..'~!Ic,!', ~ ~ `~.. arly ~" ~'`.,j;.z h r 3, ,,,ts - 7/i~ Y!`#R~~,rY' ,,,,++.."~~KZ ~'.'~~ - -.... ~a.F. • j4/,+'~ t ~. vi{j ~ n~' .Y'. ..3'~; ,'~' ~."„ rL-ji >t ~ -%.3:; r~~ ',y ~ ~''` ryC1 Z~ v.., ~F ~~' ,;'~C'',, ``r ~ ~:'3 .~ .~: '^' rF ~J~ ' , K ~: ~~:. 'a~<` ~i ~k`. :,~~ D J r t' :~ ..r'h ~"'. •~~..''~~! `,. ~ ~',9"ti~ '~ i'x~ ^.'. y~~ ~:~~.f 'f~ ~~ t ~,.~~`;.+`1 f3,~ ~~ ~~,~ rf' ~' 4',Y rt ^, _ ~ IAp ~~F•I r, v yi~ `5f /'t~ r i , iV`I ~ ~ ~s - - tY6' `~'+~~y. ,~' , ~ +~ ~ ~~ „~~1,~'?'. ~ ~„~ fit" 7~ { ~ y ~ ~~i. 5 -:~ L fir`' ~ ~ r._.~ _ J ~4y~ ~~,i~' `,~, ~~,f~, ~ vy ~' ; t tl~ rY . K ~. ,a,(`'~'i ~ '~i r' • i F j'~ I" , f`}~ a '~ 3 .rs'rP v. •, 1~ '~ -L~~'T:sr~~'~i:~ ~ Y'r~. ~ yf ~ ~µ~ ~ `i~~ ~ T may' ti~ ,.%2` ~ rr ~ ~f~. r~ ~,.]~~.' fw ~ ~ t {~1 _ fit ~ y ,~r` ~'?i~ ~ ray, 'fL/ ~r ~ "~ r.~ '" ~/ ~ F ' ~ S r ,~ e .+r ~ ~ 4Y'~ ~ s. r'r ~ ~ "v,.. k... - sr d+ ~`~r.,_ Y ti~2:ty ~/~;/f'.l ~ ~. `~'~. (~s'c ~„~y. _~ 1 ~`~'r ~ ~'ky9~ ',~ `.? r :.. Y " , ~r~` J t ~ sec`, ` ~^, i'J'r'R ~~j ,y .~'l ~.k~. ..r•: f' r "' - s"`r.~' ::,'+ j 1 ~ .e h s `j Y ~'2r*~ Y jY ; "`'t ~ ~ ~ " ~ ,,,' it , D +9 ~. ~ ~~ `"S : J r'Y.~r`rs`~~y'.' _ '>r, ~ .+ s ~?.`` ! ~3 ` ~' ~' r ~~ ~b• r, ~' ~ '~ ~ x' ~~~ ~ d ~ ~.{:, 4! ~~ 4. ~>~;, . }~, ~r -'9°Cy f+,~ ~ '- ~rrC-' ~ ~ ~ry~r 3~ ". y ~Y ._a~ .r t' '~ ~ r~ 'fir r ,`r .~' r=.' ,,... ~ - ~' R .} `~-: - g t '~ ~. -` f Y ~ w ~, ,, fir. '¢. -.. • ` ` ~YS .fir 1 ~• r~ ~ ~. ~ ~~= .~~,y.~ ,, !` ~~.,yiFTt G l r r~ ~\ ',.. ,,~ 5~ tit ,~,` . ~ ~~ © ~ r~ ,, 'fit 7 ~ • ~ g f l N , F~~ ` /~~ f f f<` / 'Y, 7 ` ~ s~}~ i ~-t ~ ''rTatS+--S,^'v+~ `:.pia ~a '_`, ~~; ,~ f. ~ r-~^k ~I~~ t ~ - ~~a~~.y {•'.{:;,.`r.Z.~?:, - r~>J: ~~4 `et '~~t' 7 ~ ~+ '.''T ~~ lr - ~ rf ~ / - 1~ J- ~ 1.~'\ ~~ - i',.. w~ L f i wy(~ ' '1 , ~ ® 100 0 100 F20} ,{ t f ~_ ^ OO f• _ This map was seated by the Town of Val GIS Department Use of Nis map shouN be for general purposes onty: I L The Town of Vait does rot warrant the accuracy of the information contained herein. (parcel line work is aDproxknate) ORDINANCE NO. 25 Series of 2005 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9, SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WITHIN THE DISTRICT AND THE NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998 Special Development District No. 22, Grand Traverse; and WHEREAS, The president of the Grand Traverse H.O.A. has requested to amend the existing Special Development District No. 22; and WHEREAS, Section 12-9A-10 of the Vail Municipal Code provides procedures for major amendments to existing Special Development Districts; and. WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Municipal Code; and WHEREAS, The Special. Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, There is an identified need for quality affordable housing in the community; and WHEREAS, On September 26, 2005, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 22, Grand Traverse; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 9, Series of 1998 to provide for certain changes in Special 1 Attachment: B Development District No. 22, Grand Traverse. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby repealed and re-enacted to read as follows: Text to be deleted is shown as `~+~~;r'ec~# and text to be added is shown in bold. Section 1. Amendment Procedures Fulfilled. Planning Commission Report The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Section 2. Special Development District No. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Section 3. Purpose Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Primary/Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common 2 open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in. general. Section 4. Development Plan A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1- -19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10; Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated , _, 2005. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1- 19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990, July 21, 1998, and , _, 2005. 3 B. The development standards shall be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 shall be: a.. Single family residential dwellings b. Open space c. Public roads d. Employee. dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of the Vail Municipal Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4 ~v~ ~ ~n2 ri - 1 1 1 e ° r, - i - r c r {~' ~a ~~ 4 ~4 4 v ~ , , , , ~ ~~nn 2 171 2~~ ~` q 11 7Q1 n nn2 n 71 -- , 4 ^rr, r~v , c,~ r ggn a ~~ 5~~~~n ~ - a ~ ~ r , 7 ~~ 4 49 ;~~3 ~ ~r , --- , - , 5~ q n7n 9~4 4 48 5 , , ~ 1~T nnn ,t n7n 4 4'9 5 ~ , T 81~7 2 171 2~~ 1 ~ Q _ . ~, , ~~~~ 1 2 1 71 2~ ~` ' 1 2 1 G 1 cn 2 1 71 2 GA ' ' G ~ . 7 1~~.7 T~7~~7~1TJ i ~ 7 1 1 1 C1 2 1 71 2~ G ~ 't"1' ~ Tai nn2 ~ ~ n 8 ~ ~ 8~~~ 1Q 4 nn~ ~~ ~ 71 . ~ 8 Tv-p~,r(~~-r , 17 O"n94 7 7v~ n 71 4 171 2 S( nRn 2 1n ~` ' ' ' 1 n n 1 A 4 n n~~ n 71 rr~, , ~ A 4n1 2 171 2 GA ~~ O~ I.` , ~1 ~ 1n 727 2 171 2 cn a ~, n e ~4-~5~ none n 714 } }ham 'r1 f nn f 4h + /' o r++ i r.L ~r7inn f~ irrin~ nh., r,+ L L+n4r.r IIT'Crr~rrT~raG-rLtGCViZncE'~CcEfi6f~IV~SZT ~ ivv~~ f.~u.~•v S~Af&~2 r ~6,~^jQ 4n +h rnn h~ ~nr~rnrl /~nn~ nl ~•+rn fnn+ n nr nnr~n . ~ ., 7 B~~in ennnn wifh .~ nnilinn hninh} of five fnn~ nr Ines mn~+ ~ ~rnrl frnm ~_~ of ~~ fn ~nfi ~r~+l mnmhAre of ~hn flnnr fn fhn ~ ~nr~nr irla of +h r~1-S~~e~r ~-Scrcrorarrn irrcrrrcv-r.~ vrc~~c cr~v-vrrr~` ~6 ens ~'.rn fnn} in nrnn wi4h five foeF nr Ine~~ of nnilinn hoinh4 •+c mn~+r•~ irAr! vy uura.. ....... ~~~ aa~vaa~ rr~u~ nvv ~vv~ yr rvv ~ mamher~ of the flnnr/nnilinn ~e~nmhly •+hnvn ...vi ~ ~vv~ v ..~ .~ ~.. ~ wvu vvrm ~.J. uvvvr rrv.~ -avvr~ (~-Pee#Cv gr nnvornrl rlnnLc nnrnhe~ 4nrr~+nn n~+~in nr imil~+r c v v v tree ccvr~v~vrrn~vv ~ ccn vc~~ c' ~rrrmCrr °/~n~nn ~~ri ~f~ 'c~ ' r ~h nv r ihwn zh~o nv4 "vi ° nrinr c~r~+llc ~+nr~ ~+ minima ~m r R r c e~nninn of nnc i ~o iiivi v i =v~o of i~ i° ii n ° oi nnrimnfnr of }hA .+rn •+ of c.+irl r .. ~ ~~.. c. ~_ -_n _, - - r-----~-'-- -' '-._ ~._~ _. _~._ f r f e s r°~~rin4°rl °mnlnv°° F~ni,~inn i,ni~ 65. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4-foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2' feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. ~6. Density: Approval of this development plan shall permit a total of ~ 23 single- family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be required. A maximum of ~ 23 employee dwelling units shall be permitted on the entire property. ~7. Building Height: , °~^^^~' '^ {°°+. For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 12-2-2 of the Vail Municipal Code. 7 38. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. w+tk~t#e~Ee~pt+e~e#-~e~~„-6e#3~ n„e~,z~~ . "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, porte cocheres, arcades, and covered.or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. a-99. Parking: Parking shall be as required in Title 12, Chapter 10 of the Vail Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. X10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situated around common open 8 space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia.. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. 9 Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure except under desks decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall ;?ems=eyed have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. T"^^ ^"^" "^ ••-"~+^,. +^, ,..^ ^. ".^•.,., (9) Outdoor Lighting, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one- pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15 regardless of lot size. Outdoor lights which conform with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB. (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address/nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate .screening between structures. -1-211. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for asingle-family residential zone district. 10 Section 5. Conditions of Approval A. The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at-the Eagle County Clerk and Recorder's Office. B. The major subdivision shall be.recorded at the Eagle County Clerk and Recorder's Office prior to a building, permit being released for any construction on Lots 2, 5, 7, 9 or 10. C. The development of Special Development District No. 22 will have . impacts on the available employee housing within the Upper Eagle Valley Area: In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, Sheetrock, plaster, and other similar wall finishes). The 6Rf~4-ae~ number of employee units shall not be counted toward allowable density eF6fi€,4 for Special Development District No. 22. The developer may choose to transfer up to 300 sq: ft. ~ 6~€A from the primary unit to the employee Unfit. TI~,~, ~~C/~ +r.+r~nf~rr~rl ~i II h.~, .J.,rl~ ~..+e~rl fr~m +hn ~zrcv=w-rtrn c-a~Qa w.. ~ ~ ~ ~ ~ .~ ~.. . The developer may 11 provide up to ~-5 23 employee dwelling units including the 6 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of ~-5 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single-family garage or structure. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3. The Employee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, afull-time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any amity single-family dwelling it may be a part of. 5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed 12 following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the~Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented 'throughout the year, the rental rate, the employer, and that.each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8.. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail 13 and the Owner of the property. D. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Cterk and Recorder's Office. The Town Of Vail shall be party to these agreements. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development. District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 8. If any part, section, subsection, sentence, clause or phrase of. this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 9. 14 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 inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 repealed or repealed .and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby 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, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15~' day of November, 2005 and a public hearing for second reading of this Ordinance set for the 6~' day of December, 2005, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 15 ~~~»a , FINAL PLA T A RESUBDIVISION OF LOT S • AMENDED FINAL PLA T DAUPH/NA/S-MOSELEY SUED/V/S/ON - F/L/NG NO` 1 ~yo~ A RESUBDIV/S/ON OF LOTS 5, 6, 7, 8, 9 AND 10 ~~ S/B•Pt24R N,l..e~ ~,~ rPE TOWN OF VA/L, EAGLE COUNTY COLORADO OR~JE . PLS ,~ z~zw~ rryPl P~aE ~a797+" ~.~ ~ ~' R=221.86' 53• ~'1' L=iJ.51' ~ p4 ~ ~ - - C9=56078'73"W s62"Y~ ~,d^ Q L7L=f,I51' %~ \ - u rye '~ W r~F tar e GRAPfI1G SCALE, ~r~1-_.Vr1 w ~ ~ e ~~:~w 1n d=157!58" ~ LOT 4 L=59.70' CB=S51VT 02"W ¢/~ N ~ ~ \ mss. ~ CH=59.51' ~ ~ ` \ ~s \ a ~ / ` ~ 'Fh ~ m ~ ~ °b'. LOT 5 I ~ \~ ~ ~~ 0.9)J ACRCS ~ 1410 , I \\ . \` ~\ / 6 ' ~ I I ~\ 141 \ 4 ~ ~ ~ ~~• " ~\ LOT 7 [OT UNE pPEATED BY TH/5 PUT •h ~'i.`. ` n.ezJ sauurc rTrT ~- . ~ ~~ ~ azzr ALRES \ . V' ~ uA>ES: el ~ ~~ Ilvs IY.rI u b 9Abeva' • ~wb M SwMeR IAi! un PE-6uW91 lOl un o a ~-m..o~ eo-an e/r mn.w wnus w. .E w w.~4 wn In..) , o ,I -oonm nano w~- na.. wnua w. u. no. : • u -wlorts Y, sro• aanw wn,~ w..E . n4S ~n ~mwa ~ '~ ui ~i oi'uae yn~art o ~ :'/i °w ~wo i~ we w w.u uN°..:;'c,'=r >i . un a nw sanu..sr mra er aol s n:.na;arzu. s1 ow a... w.mr e~ Il TI eaworas sw¢r +oonras •un~~r ~~uuaor LpppTn iM) n.lU t0urE+eEl 9i¢F I.ua• I~i1 wuvL4 p~ipK ~ ,- I R£HAP M/T'US GP (LS L»PJ / ' 1ww urixu LYRRF7G7~ °H-"w,a^,4.,.R, proves m..~=,.. ~ +a~,`~;,"~re oo<e.G aM.awa.,r. a..o~r .nar m. a.. ~w!°"f° a, e.m.aa.....u r... p wu cao6t°"°'a ~ n. ~ ro u+m.f~ ~~MU~v ho=I Mi iw~a W n e' mu r s•...I.. m.e w mr,Pm,. p.ap u =~ a ....,s .rmn r'a; a wa ear.. n"°r w w.w. ~RVeaaew.m / eaan er c: S s nM1r ~.fvr.+I.mnuN 94PL£TMS CFADFIG ][ N Lure hunrq o~ Na beer d~ S~~ MRbom'~'I"~ W pal b s Me awrRt oN t°"Y'e pal d• rnWNah d lr 3 .unnsw Fr./ /rt D~wrh•s~Y...V.l sMa.¢.. lure ws I. (a0rc Lrar /L~r / rowwa{e ~ wi pNM4 O~rfa M ~~ M ~wa as wd~ ~~wJa'an ~4ass alrwb Y is/'m'a npubf w+^^I W a4dAlar~.Yn6 ~'a"° nW~ r ~ ~a._ fIRINTG7E As OFDIG111LY/ AA9 OXNER9~ .ba~r+i kFV cry 4iS e'/asx~d nNw ~ w ~i1.aw ors CoW~. ~ w>vw. I ..we~.we.a • w +s.. p w.; ~ eta caaw. e.am......w.. . ms's l4~ ~ ~ 4 ; 4 w~sY~'~... Ws ~ d..y vssw .o....«s~w „~.~. to wu.n, s+ee.4.r4.4.~.ar es:..a. ~.~ er pw°sian~°in: qua mw we ..a. m. ao.a ..a . a.r. ~4r Q9S Axsl fu MCY~6~ WYI[I:lrvr - iw.l t A pr (OR; 4 ~ 4 >wl 4nClea~tw6•rv. ~woR .+I w ~w.syi ni nweub a~ u.. ~ .w..'~'ss '.~`.` r. ~.nemta ..r..r ~ ~ w a. m ~~ .~... m u,, wmovuM ~e ro w. aw.e.:6"r.'w: pin e~~ .pr b :x uewv aw_ayp ~ ,.a ma ~°-^~' ~'.:~~.ga,m~o<~r eaow< eons ~a W JSLi~ M wivarc !s E~T.i1T.t,~ gTrdT ~~~~ ea.a.cr a.,, o .a. .m~w.4w. ~~ ~~ few,r o-~ ew4 f '~ :y N .w.a. .w~,,,..,..,..nkaw nnE rEnlurc47r.~ . ns.Jus Ora bh ro M ~ a ~ /¢iia tmv mr pia+. b6 pee srs~ ~bm I wo~v~+r uav/ al.. -ro~ r +n. xm tfAfY/G ]E ~ TAkfS PAID: ~le. wm~.yA,la~ .~rdppip~emMI~'e+IH v O., wn0~ m I~a~r_ ~ 4m4d r Gir,bf s~pH~It s so.~r.~T ~ ~wbs lrY~ww4 m~ s IerW 46 WV .~4 6y~. as-Ir ~ . D...~..m,. 4r D9~n/ V/C/N/TY MAP 'SCALE.' 1' a SAD' SDD No. 22, Grand Traverse, Zoning analysis September 26, 2005 Lot Lot Size GRFA Under SDD 1 11,805 2,718 2 16,248 4,495 3 11,500 3,596 4 11,761 2,718 5 11,895 3,157 7 11,823 3,157 8 15,393 4,495 9 14,588 4,495 10 14,429 4,495 11 10,803 3,596 12 12,981 3,596 1.3 15,159 3,596 14 11,151 3,596 15 8,538 2,718 16 8,494 2;718 17 8,494 2,718 18 10,062 3,596 19 9,148 2,718 20 9,801 3,596 21 10,237 3,596 22 9,409 2,718 23 9,148 3,596 24 10,629 2,718 78,402 GRFA Under SDD SDD GRFA Adjusted GRFA P/S Including 600 s.f. for per Ordinance 14, Including 600 s.f. S.F. W/O GRFA (Site Garages _ Series of 2004' GRFA P/S for Garages Coverage Multiplied by 2) Allowable Site Coverage Constructed Site Coverage 3,318 4,841 5;286 5,886 5,902 2,951 2,350 5,095 7,063 6,662 .7,262 8,124 4,062 na 4,196 5,939 5,170 5,770 5,750 2,875 2,453 3,318 4,841 5;269 5,869 5,880 2,940 2,160 3,757 5,390 5,320 5,920 5,948 2,974 na 3,757 5,390 5,293 5,893 5,912 2,956 na 5,095 7,063 6,551 7,151 7,696 3,848 na 5,095 7,063 6,343 6,943 7,294 3,647 3,313 5,095 7,063 6,283 6,883 7,214 3,607 3,583 4,196 5,939 4,905 5,505 5,400 2,700 2,514 4,196 5,939 5,733 6,333 6,490 3,245 2,780 4,196 5,939 .6,520 7,120 7,578 3,789 2,671 • 4,196 5,939 5,037 5,637 5,574 2,787 .2,777 3,318 4,841 3,928 4,528 4,268 2,134 2,055 3,318 4,841 3,907 4,507 4,246 2,123 2,082 3,318 4,841 3,907 4,507. 4,246 2,123 2,122 4,196 5,939 4,623 5,223 5,030 2,515 2,499 3,318 4,841 4,208 4,808 4,574 2,287 2,161 4,196 5,939 4,508 5,108 4,900 2,450 2,410 4,196 5,939 4,690 5,290 5,118 2,559 2,554 3,318 ~ 4,841 4,328 4,928 4,704 2,352 2,232 _4,196 5,939 4,208 4,808 4;574 2,287 1,829 3,318 4,841 4,839 5,439 5,314 2,657 2,319 92,202 131,209 117,518 131,318 131,736 . Current allowable GRFA square footage under the SDD, plus "425" GRFA bonus, plus 250 sq. ft. per allowable dwelling unit to compensate for the repeal of the "250 Ordinance", plus 15% square footage increase to compensate for the counting of vaulted spaces as GRFA and to address past "Interior Conversions" of vaulted space GRFA bonuses, plus 10% square footage increase to compensate for exterior walls counting as GRFA", plus (the lowest level deduction compensates for past "interior conversions" of basements, but does not change to formula #'s) 600 square feet for garage credit. D v c~ MEMORANDUM., TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 26, 2005 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No: 22, Grand Traverse, modifying the GRFA calculations for the District; increasing the number of lots for the District; and a final review of a minor, subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, Dauphinais%Moseley Subdivision Filing 1, A Resubdivision of Lots 5, 6, 7, 8, 9, and.10, and setting forth details in regard thereto. Applicant: Pat Dauphinais, President of Grand Traverse H.O.A. Planner: Warren Campbell 1. SUMMARY The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each. lot within SDD No. 22 and' increase the number of lots within the SDD by one. In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moselev Subdivision Filinq 1: A Resubdivision of Lots 5 6 7 8 9 and 10 and create Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moselev Subdivision Filinq 1: A Resubdivision of Lots 5 6 7 8 9, and 10. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to eliminate GRFA restriction in SDD No. 22 and increase the number of lots by one and approval with conditions of the minor subdivision subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 and increase the number of lots within the SDD. In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moselev 1 Attachment: E Subdivision Filing 1: A Resubdivision of Lots 5, 6. 7, 8, 9. and 10 and create two new lots, Lots 5 and 7, by recording the proposed Amended .Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10. The applicant's request to remove the GRFA restrictions for the lots located within SDD No. 22, Grand Traverse, has arisen as the homes within. the SDD are not eligible for the new GRFA methodology adopted by Ordinance 14, series of 2004, as the lots are restricted in terms of maximum allowable GRFA in all cases far below that which would be permitted under the underlying Primary/Secondary zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new, GRFA regulations. The applicant is proposing that site coverage, setbacks, height, and the architectural requirements within SDD No. 22 would control development on the lots. A vicinity map has been attached for reference (Attachment A). In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision. of Lots 5, 6, 7, 8, 9, and 10 and create two new lots, Lots 5 and 7, ~by recording the proposed Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10. A reduced copy of the proposed plat, Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais- Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6. 7. 8, 9, and 10, has been attached for reference (Attachment B). The existing Lot 5 which is proposed to be subdivided was created by combining two of the original platted lots within Dauphinais-Moseley Subdivision Filing 1. The applicant is proposing to resubdivide Lot 5, measuring 23,722 square feet, back into two smaller lots with the areas as follows, Lot 5 measuring 11,817 square feet and Lot 7 measuring 11,891 square feet. III. BACKGROUND • The area included within SDD No. 22 was annexed into the Town of Vail by Ordinance 29, Series of 1979 which became effective on August 15, 1979. • SDD No. 22 was created from 10.69 acres of land with an underlying zoning of Primary/Secondary zone district by Ordinance 23, Series of 1988. It included the creation of .the Dauphinais-Moseley Subdivision Filin 1 recorded in 1990 consisting of 24 lots and 3.741 acres of open space. On May 7, 1991, the Vail Town Council introduced, read and approved on second reading Ordinance #10, Series of 1991, an ordinance repealing and reenacting Ordinance #13, Series of 1990, to provide changes to Special Development District #22 that concerned lot size, corresponding GRFA, maximum number of allowable employee dwelling units, and architectural guidelines. Ordinance #13, Series of 1990 was the original ordinance establishing SDD #22. 2 On September 22, 1997, the Community Development Department approved, and the Planning and Environmental Commission upheld, a minor amendment to SDD #22. The minor amendment allowed for changes to the architectural guidelines outlined in Section 11 of Ordinance #10, Series of 1991. The changes included: • architectural guideline requiring that all the residences in the $DD have copper gutters and downspouts, and the ability for the residence constructed on Lot 14 to have the garage doors of the residence facing the road. On June 8, 1998 the Planning and Environmental Commission approved a Major Amendment to SDD No. 22, Grand Traverse. The following items were approved as a part of the Major Amendment of the applicant's request on June 8, 1998: • an increase in the allowable GRFA for all existing and proposed employee housing units from 500 square feet maximum to 800 square feet maximum, • a change in the allowable enclosed parking area (garage) square footage credit from 600 square feet to 1,200 square to permit adequate enclosed parking for constructed employee housing units (600 square feet for the primary dwelling unit and 600 square feet for the EHU if constructed), • a replat of Lots 5, 6, 7, 8, 9 & 10 into Lots 5, 8, 9 & 10, thus eliminating two lots within the Grand Traverse development area, • an increase to the maximum number of outdoor lights allowed on each residential lot to 15 per lot total, • a modification to the required setbacks on Lots 5, 8, 9 & 10, • a reapportioning of GRFA within the Grand Traverse development area, and • a reapportioning of the 600 square foot garage credit. In October of 2004, Ordinance 14, series of 2004, was adopted which amended the GRFA regulations regulating the entire Town of Vail. The properties located within SDD No. 22, Grand Traverse, were effected to a greater extent than other Primary/Secondary zoned properties because under the SDD GRFA is restricted below that which the base zone district would allow. In addition, the properties lost ability of homes within the SDD to .request 256 additions and interior conversions. Finally, the SDD does not allow the properties to utilize the basement deduction provisions of Ordinance 14, Series of 2004. 3 On July 25, 2005, the Planning and Environmental Commission held a work session in order to hear the applicant's request. In general, .the Commissioners were in support of the proposed subdivision of Lot 5: In addition, the Commissioners generally supported the proposal to remove the GRFA restrictions within SDD No. 22, Grand Traverse, as there are additional architectural requirements within the SDD which would provide a level of comfort that the homes which have not been built will fit the character of the neighborhood which has already been established. Commission members expressed that the elimination. of GRFA for the entire Town would be more difficult as SDD No. 22 is different from a majority of Town in that _ it contains very small lots- and additional architectural controls. IV. ROLES OF THE REVIEWING BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission: The -PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section IX of this memorandum. Design Review Board: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. 4 Minor Subdivision Review Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approve with modifications, or disapprove the plat. Specifically. the, code states in Section 13-12-3C, Review and Action on Plat: ' The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to _ mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 73-3-4 of this title. Design Review Board: Action: The Design Review Board has NO review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Section 13-3-5C, Vail Town Code, which reads as follows: Within ten (70) days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may appeal the decision of the Planning and Environmental Commission within seventeen (17) .days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission's decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 5 V. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoning Code Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: The purpose of the special development district.is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the' new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further . the overall goals of the community as stated in the Vail comprehensive plan Town of Vail Subdivision Regulations 13-1-2: PURPOSE: C. Specific Purposes: These regulations are further intended to serve the following specific purposes: . 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2.. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, cohvenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide . adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will, have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes.of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission 6 deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shah review the application and consider its appropriateness in regard to Town. policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. VI. SITE ANALYSIS Legal Description: Dauphinais-Mosley Subdivision Filing 1 and Amended Final Plat: Dauphinais-Moseley Subdivision Filing 7: A Resubdivision of Lots 5 6 7, 8. 9, and 90 Address: 1450-1850 Lions ridge, Loop and 1402-1428 Moraine Drive Lot Size: 10.69 acres (465,656 sq ft) Zoning: Special Development District No. 22 (Primary/Secondary zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Lot 5, Amended Final Plat: A Resubdivision of Lot 5 Amended Final Plat: Dauphinais-Mose/ev Subdivision Filing 1: A Resubdivision of Lots 5 6; 7 8 9 and 10 ` Zoning: Special Development District No. 22 (Primary/Secondary (P/S) zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant .Development Standard Required by P/S Proposed Lot Area: 15,000 sq. ft. 11,817 sq. ft. Dimension: 80'X80' min. 65 feet X 65 feet Buildable Area: 15,000 sq. ft. 11,817 sq. ft. Frontage: 30 feet min. 67 feet GRFA: ~ Proposed to be no limitation except that which can be constructed within the limitations of SDD No. 22. Access: Access to the site is via Moraine Drive, a public road which is currently constructed. 7 Lot 7, Amended Final Plat: A Resubdivision of L 7. 9, and 70 VII: VIII. Zoning: Special Development District No. 22 (Primary/Secondary zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant Development Standard Lot Area: Dimension: Buildable Area: Frontage: G RFA: Access: Required by P/S 15,000 sq. ft. 80'X80' min. 15,000 sq. ft. 30 feet min. Proposed 11,891 sq. ft. 61 feet X 61 feet 11,891 sq. ft. 60 feet Proposed to be no limitation except that which can be constructed within the limitations of SDD No. 22. Access to the site is via Moraine Drive, a public road which is currently constructed. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Residential Primary/Secondary zone district South: Hotel/Lodge Public Accommodation zone district .East: Residential Low Density Multiple-Family zone district West: Residential Primary/Secondary zone district CRITERIA AND FINDINGS Special Development District Maior Amendment J Chapter 12-9 of the Town Code provides for the amendment of an existing special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." 8 The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the amendment to an existing special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The requested proposal is to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 under Section 4-B-5 of Ordinance 9, Series of 1998, the adopting ordinance, and an increase in the number of lots within the SDD by one by resubdividing Lot 5, an increase from 22 to 23 lots. Ordinance 9, Series of 1998 is attached for reference with text that would be deleted shown as stf+t~ and added text is shown in bold(Attachment C). The proposal to remove the GRFA restrictions for the lots located within SDD No. 22, Grand Traverse, has arisen as the homes within the SDD are not eligible for the new GRFA methodology adopted by Ordinance 14, series of 2004, as the lots are restricted in terms of maximum allowable GRFA in all cases far below that which would be permitted under the underlying Primary/Secondary zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new GRFA regulations. Staff would like to point out that the proposal to gain the ability for additions and interior conversions to existing homes within SDD No. 22 can be accomplished by revising the GRFA limitations found within Section 4 of the SDD. Currently, the GRFA limitations are below that which Primary/Secondary zoning would allow by 612 to 2,568 square feet depending on the lot. The intent of the initial approval of SDD No. 22 was to create smaller lots in order to protect open space. Out of the total site area included within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and protected as open space. When SDD No. 22 was adopted the 24 lots within the SDD ranged from 8,494 square feet to 16,248 square feet with a majority of the lots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential. development in order to protect open space. Staff believes that the subdivision of the existing Lot 5, which measures 23,722 square feet into two smaller lots measuring 9 11,891 square feet. and 11,817 square feet is in keeping with the intent of the SDD. Development within the SDD is regulated by Section 4 of Ordinance 9, Series of 1998. The adopting ordinance establishes the GRFA, setbacks, height, architectural design and materials, and orientation. The SDD deviates from the underlying zoning of Primary/Secondary zone district by allowing reduce front and side setbacks from 15 feet to 10 feet on many of the lots and increasing the rear setback on the lots located on the southern portion of the SDD from 15 feet to setbacks ranging from 35 to 97 feet with a majority being 40 to 50 feet. GRFA within the SDD is limited by the Table located in Section 4-B-5 of the adopting ordinance. The GRFA limitations identified. in the Table are substantially lower than that which would be permitted by .Primary/Secondary zone district regulations. On average the maximum allowable GRFA .under the SDD is 1,640 square feet less than that permitted under Primary/Secondary zoning. Staff has included an attachment which shows each lot, the size of the lot, the amount of GRFA allowed under the SDD, the amount of GRFA allowed under the Primary/Secondary zone district with the changes enacted by Ordinance 14, Series of 2004, the potential square footages of homes without GRFA limitations, allowable site coverage, and constructed site coverage.(Attachment D). Staff believes that the elimination of GRFA limitations within SDD No. 22, will have no negative effect on the above criterion as the SDD adopting ordinance contains all the elements to control the bulk, mass, and height of the homes within the SDD within Section 4 of the adopting ordinance. The proposal to eliminate GRFA within SDD No. 22 could be a way to conduct a controlled study oh the effects on bulk and mass of structures if GRFA was eliminated. Staff believes that the existing restrictions placed upon development in SDD No. 22 will result in new and redeveloped houses within the SDD .being of similar character to those existing today. In addition, many of the homes within the SDD which are currently constructed have maximized site coverage and built to the extent of the designated setbacks or have very little left which insures that the existing structures would change minimally above grade. There are currently 5 undeveloped lots within the SDD which would potentially be constructed under regulations in the SDD if GRFA was stricken from the adopting ordinance. Attachment C has s#+Ig# text depicting the existing language which must be stricken from Ordinance 9, Series of 1998 to eliminate GRFA requirements. Staff believes that the request to eliminate GRFA within the SDD complies with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed elimination of GRFA within SDD No. 22 and the increase in the number of lots within the SDD from 22 to 23 will not have a negative impact on the items identified in this criterion. The to initial approval of SDD No. 22 included 24 lots which was subsequently replatted to include 22 lots. This proposal would take the SDD up to 23 lots. The .proposed elimination of GRFA would also have no negative impact on this criterion as there are several other factors contained within SDD No. 22 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The proposed amendments to the SDD do not have. any negative effect on this criterion. All lots developed within the SDD will comply with the parking standards. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The proposed amendment to increase the number of lots in the SDD from 22 to 23 complies with the Vail Comprehensive Plan. However, the request to eliminate GRFA within.SDD No. 22 would be different in policy to how the remainder of the community is regarded to size of structures. Staff believes for several reasons as outlined in Staff's response to Criterion A of this Section that the size of homes within the SDD on the vacant lots or any future redeveloped lot would be fundamentally similar to those which are constructed within the SDD currently. Of the homes currently constructed many have already maximized site coverage so any addition to be made if GRFA was eliminated from the SDD would be below grade or in a vaulted area of the home. The combination of requirements contained within the SDD which include, setbacks which are more restrictive in areas, site coverage limited to 25%, heights of 33 feet, garage door. orientation, and architectural minimums, will sufficiently control the bulk, mass, and height of the structures which remain to be constructed or for future additions. In addition, the fact the lots within the SDD were allowed to be smaller than that required by the base zoning in order to preserve open space and sensitive areas limits the size of the structures dramatically as there is limited areas to construct a structure upon each site. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the SDD No. 22, Grand traverse, development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, .building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 11 As was stated in staff's response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open space and sensitive areas. The current proposal would ,not alter that initial approval. G. A circulation system designed for both vehicles and pedestrians ,addressing on and off-site traffic circulation. ' The circulation system for this SDD was approved in the initial adoption of SDD No. 22 and is currently in place and functioning. This .proposal does not alter that circulation system. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. As was stated in staffs response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open .space and sensitive areas. The current proposal would not alter that initial approval. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the homes on the proposed and existing lots as the owners desire to construct upon them. Findings: The following findings are used for a Major Amendment to an SDD: That the proposed major amendment to Special Development District No. 22 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, .the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed elimination of GRFA, that: a. Proposed development controls, such as setbacks, -site coverage, height, orientation, and architectural design, exist within the text of SDD No: 22, Grand Traverse, to adequately control bulk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed development controls will provide adequate availability of 12 light, air and open space. d. Proposed development controls within the SDD will provide a compatible relationship with buildings and uses on adjacent properties. , e. Proposed development controls will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards. 3. With regards to the. proposed increase in the number of lots from 22 to 23, that: a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed increase in lots comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 4. That the proposed development controls within SDD No. 22, Grand Traverse are in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 5. That the development is . in compliance with the purposes of the Primary/Secondary zone district, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Primary/Secondary zone district is 15,000 square feet. The proposed area of Lot 5 would be 11,817 square feet. The proposed area of Lot 7 would be 11,891 square feet. The two proposed resulting lots .do not meet this requirement for the Primary/Secondary zone district. However, the intent of the approval of SDD No. 22 was to create smaller lots in order to protect open space. Out of the total site area included within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and protect as open space. When SDD No. 22 13 was adopted lots within the SDD ranged from 8,494 square feet to 16,248 square feet with a majority of the Lots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential development in order to protect open space and the lot which is proposed to be subdivided was previously two smaller lots prior to the recording of the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5. 6, 7, 8, 9, and 10. Buildable Area: The minimum buildable area for the Primary/Secondary zone district is 15,000 square feet. The two proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform to the intent of SDD No. 22. Frontage: The. Primary/Secondary zone district identifies a minimum frontage requirement of 30 feet. The two proposed lots meet this requirement. Dimension: The Primary/Secondary zone district requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. The two proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform to the intent of SDD No. 22. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable.... The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " The purpose section of Title 13, Subdivision. Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statement from 13-1-2 (C) areas follows: 1. To inform each subdivider of the standards and criteria by, which development proposals will be evaluated and to provide information as to the type and extent of improvements required." Staff Response: The applicant was informed as to the standards and criteria by which the proposed plat and future development would be 14 evaluated. One purpose of subdivision regulations, and any development .control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can. follow in the public review process. Development on these two lots is governed by the SDD No. 22 adopting ordinance. With this proposed subdivision several portions of the SDD must be amend which where changes when the Amended Final Plat: Dauphinais-Moselev Subdivision Filing 1: A Resubdivision of Lots 5, 6 7 8, 9, and 10 was filed to combine two lots resulting in a larger Lot 5. The changes that are necessary to make to the text of SDD No. 22 can be found within Attachment C. Although this request does not involve the creation of a new subdivision it does include the resubdivision of an existing parcel of land, the minor subdivision process is the appropriate process to take one lot and subdivide it into two smaller lots. As a part of the overall application the applicant is requesting to eliminate the GRFA limitations identified within SDD No. 22. If that portion of the application is approved by the Town Council the two newly created lots would be limited in development potential by site coverage, setbacks, height, architecture, and orientation. However, if this portion of the application is not approved staff would suggest that Section 4 of SDD No. 22 be revised to limit the two newly created lots to 3,157 square feet of GRFA a piece which is a split of the GRFA permitted on the larger Lot 5 as it exists currently. 2. To provide for the subdivision of properly in the future without conflict with development on adjacent land. " Staff Response: This proposed minor subdivision take a large lot and subdivides it into two smaller lots which existed prior to being combined and will not adversely. affect adjacent land. The proposed :minor subdivision does not make either property undevelopable or. non- conforming with regard to zoning requirements found within SDD.No. 22. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will have no detrimental affect on the value of land within the Town. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship among land uses consistent with municipal development objectives, The proposed minor subdivision does not make either property undevelopable or non- -conforming with regard to zoning requirements found within SDD No. 22. 5. To guide public and private policy and action in order to provide 15 adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to address impacts of large-scale subdivisions of property, as opposed to this particular proposal to amend this plat. Staff does not believe.this proposal will have any negative impacts on any of the above-listed public facilities. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision will provide for accurate legal descriptions for the two newly configured properties. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. IX. Findings: The following findings are used for a Minor.Subdivision: That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the' Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council to allow for a major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District and increasing the number of lots for the District with the findings listed below. Staff's recommendation is based upon a review of the criteria and.firidings as outlined in this memorandum and from the evidence and testimony presented. 16 Should the Planning and Environmental Commission choose to forward a recommendation of approval of the applicant's request, staff recommends that the following findings be made as~ part of the motion: That the proposed major amendment to Special Development District No. 22 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed elimination of GRFA, that: a. Proposed development controls, such as setbacks, site coverage, height, orientation, and architectural design, exist within the text of SDD No. 22, Grand Travers, to adequately control bulk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed development controls will provide adequate availability of light, air and open space. d. Proposed development controls within the SDD will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed development controls will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards. 3. With regards to the proposed increase in the number of lots from 22 to' 23, that: a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed increase in lots complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 4. That the proposed development controls within SDD No. 22, Grand Traverse, are.in conformance with applicable elements of the Vail Village Urban Design 17 Guide Plan and Design Considerations. _ 5. That the development is in compliance with the purposes of the Primary/Secondary zone district, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal. substantially complies with other applicable elements of the Vail Comprehensive Plan. The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6. 7, 8, 9, and 10, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to create Lots 5 and 7, located at based upon the criteria evaluated in this memorandum. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following conditions be made as a part of that motion: That the applicant not record the proposed plat, Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, until both readings of an ordinance to amend SDD No. 22, Grand Traverse, without GRFA limitations has be adopted by Town Council. If an ordinance to adopt SDD No. 22, Grand Traverse, without GRFA limitations is .not approved by Town Council that a GRFA limitation on the new Lot 5 and 7 will be 3,157 square feet for each lot and the SDD will be amended and adopted according to Town of Vail Code. 2. That the applicant revise the title of the plat to state Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6. 7, 8, 9, and 10 and replace the Town Council signature block with the correct Planning and Environmental Commission signature block prior to submitting the mylar copies for recording. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following findings be made as a part of the motion. 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating tc subdivision control, densities proposed, regulations, ordinances and resolutioris and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. 18 MEMORANDUM To: Town Council From: Stan Zemler Judy Camp Date: December 1, 2005 Subject: 2005 Supplemental Appropriation and Budget Adjustment We are•attaching the following documents for your review. In the evening meeting you will be asked to approve Ordinance Number 28 making supplemental appropriations and budget adjustments to the 2005 budget. • Proposed Supplernental Appropriation and Budget .Adjustments Spreadsheet (S-1 through S-3) • Summary of Revenue, Expenditures, and Changes in Fund Balance -General Fund (GF- 1), Capital Projects Fund (CPF-1 through CPF-2), Real Estate Transfer Tax Fund (RETT) (R-1 through R-2), Dispatch Services Fund (DSP-1), Conference Center Fund (CCF-1), and Health Insurance Fund (HIF-1) • Ordinance No. 28 of 2005 Capital Projects Fund General sales tax revenue for the yeaz is projected to be up $1 million from the amended budget based on strong yeaz-to-date collections. Staff recommends assigning all the additional sales tax revenue to the Capital Projects Fund. The original budget was approved with 60% of the sales tax revenue benefiting the General Fund and 40% benefiting the Capital Projects Fund. Revenue currently budgeted for the General Fund exceeds expenditures appropriated from that fund. Therefore, staff recommends assigning all the additional general sales tax revenue to capital. The additional $1 million will not be spent in 2005, but will be available in the fund balance to pay for future projects. Each year the Town is required to consider an appropriation to guazanty debt service payments for the Timber Ridge Affordable Housing Corporation's debt. $925,000 was included in the 2005 original budget and in the 2006 budget. The 2005 appropriation will not be called upon and can now be eliminated from the budget. All other adjustments in the Capital Projects Fund are items moved between budget yeazs or expenditures with offsetting revenues. Real Estate Transfer Tax (RETT) Fund Operating costs for Donovan Park aze tracking below budget and are adjusted accordingly in this supplemental. All expenditure increases aze offset by revenue. General Fund Major revenue items are updated based on year-to-date activity and the latest information on construction activity. We have reduced the construction permit revenue budget by $210,000 primarily as a result of fewer major redevelopment projects obtaining building permits than expected. Parking revenue is increased by $50,000 as a result of summer -1- paid parking at Ford Pazk. Other adjustments aze essentially offsetting and are shown in more detail on the attached worksheet. Conference Center Fund Tax revenue is estimated at $3,659,842 based on an update of the study performed by Stan Bernstein and Associates. This is an increase of $119,842 from the previous amended budget. Interest income expected for the full yeaz is also included. Expenditures included in the supplemental appropriation include legal fees from inception of the project and fees payable to bond rating agencies for work done on the proposed bond issue. These items were not previously appropriated because they would have been paid from the proceeds of the bond issue and appropriated at that time. Health Insurance Fund Adjustments to this fund are a result of claims for health and short-term disability insurance tracking higher than expected through October. -2- Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Revenue Expenditure Increase Increase Version 1 First Reading Description (Decrease) (Decrease) Reason Capital Projects Fund Retail Sales Tax 1,000,000 Increase in projection from budget Professional Fees (925,000) Timber Ridge loan guazantee not needed in 2005 Other County Revenue Transfer from General Fund Other State Revenues Capital Outlay Equipment Construction Services Transferr to General Fund Transfer from Dispatch Computer Soflwaze Construction Services Project Reimb/Shared Costs Project Reimb/Shared Costs Construction Services Other Federal Revenues Subtotal Capital Projects Fund RETT Projects Fund AIPP Donations Design Fees Shared Costs/Project Reimbursement Construction Services Other County Revenue Construction Services Miscellaneous Transferred from General Fund Subtotal RETT Projects Fund General Fund Peace Officer's Ski Race Police Ski Race Miscellaneous Revenue Furniture under $SK (250,000) Grant revenue for W. Vail Fire Station moved to 2006 6,990 For live scan equipment funding 19,500 Byrne grant award for live scan 26,490 Live scan equipment (29,300) Funding for Construction Sign Mitigation 29,300 Funding for Construction Sign Mitigation 17,020 Funding for fmal Intergraph pay off for CAD/RMS system 17,020 Final Intergraphy pay off for CAD/RMS system 225,000 ERWSD fall utility work reducing 2006 portion 1,471,593 ERWSD utility reimbursements 265,000 VRI for Streetscape 1,736,593 Reimbursement expenses (1,851) Federal bus grant revenues adjust to accurate number 2,528,252 1,080,103 1,320 AIPP donations from First Bank and American Design 1,320 Off set by donations 202,966 Holy Cross Energy Enhancement funds for burying conduit 202,966 Gore Valley trail improvements/Cascade Bike Path ]2,000 ECO Trails yearly grant 12,000 Gore Valley trail improvements/Cascade Bike Path (124,000) Donovan Pazk Operating costs 27,435 Due to AIPP funded from RETT 243,721 92,286 5,389 Excess revenue collected for Peace Officer's ski race 4,072 Add'1 expenditures for Peace Officer's Ski Race 1,088 Reimbursement for chair & sofa for information center 1,088 Chair & sofa for information center Supp 3 of 2005 051206 S-1 12/1/2005 2:23 PM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Revenue Expenditure Increase Increase Version 1 First Reading Description (Decrease) (Decrease) Reason Other State Revenues 1,520 Rural fire assistant grant Small Tools ~ 1,520 Purchase small tools w/ rural fire assistance grant . Out of District Fire Response 28,266 Marriott Streamside contract out of town fire response Out of District Fire Response 18,621 Winnemucca, Nevada wildfire response Fire Dept Salaries 5,414 Winnemucca, Nevada wildfire response Fire Dept Benefits 1,451 Winnemucca, Nevada wildfire response Travel 365 Winnemucca, Nevada wildfire response Meals 284 Winnemucca, Nevada wildfire response Contract Services .8,690 Winnemucca, Nevada wildfire response Franchise Fees/Cable TV 17,000 Increase in franchise fees for Comcast Contract Services/Comm TV 8,000 Increase to actuals 38% of franchise fees Volunteer (1,000) Transfer to CPF for Live Scan equipment Contract Services (5,990) Transfer to CPF for Live Scan equipment Transfer to CPF 6,990 Transfer to CPF for Live Scan equipment Transfer from CPF 29,300 Funding for Construction Sign Mitigation Signs & Sign Materials . 29,300 Expenses for Construction Sign Mitigation Ord #8 Village Parking Fees 50,000 Summer parking collections Overtime 2,275 Summer parking overtime help Other State Revenue 1,502 Click It or Ticket It grant Patrol Overtime 1,502 Click It or Ticket It grant expenditures Other County Revenues 18,625 2005 Mountain Response reimbursement Overtime & Benefits 18,625 2005 Mountain Response reimbursement Miscellaneous Revenue 1,000 Firefighter t-shirts sold Shipping Chazges 125 Firefighter t-shirts shipped Cost of Goods Sold-Tshirts 473 Cost of firefighter t-shirts Overnight Express 125 Cost of shipping t-shirts Manhole Cover Revenue 18,000 Manhole cover sales Manhole Jewelry Revenue 23,500 Manhole cover jewelry sales Shipping Charges 1,400 Chazges for shippping Overnight Express 1,400 Cost to ship Drainage Materials 3,000 Cost of manhole covers and special fmishes MH Jewelry 17,200 Cost of jewelry Professional Fees 3,848 Copyright fees Mazketing 5,000 Mazketing/advertising Charter Revenue 9,400 Additional revenue from bus charters Transit Overtime 7,833 Overtime incurred from bus charters Transit Benefits 1,567 Benefits incurred from bus charters Franchise Fees/Holy Cross 25,000 Increase in rates thus an increase in franchise fees for Holy Cross Facilities Electric 15,000 Due to price increases Facilities Street Lights 10,000 Due to price increases Franchise Fees/Public Serice 65,000 Increase in rates thus an increase in franchise fees for Xcel Energy Facilities Natural Gas 65,000 Due to price increases Donovan Pavilion Rental 20,000 Additional revenue collected Professional Fees 15,000 Donovan Pavilion commissions Project Reimb/Shared Costs 106,375 Add'1 shared projects revenue-Ritz/Front Door Supp 3 of 2005 051206 S-2 12/1/2005 2:23 PM Version 7 First Reading Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Planning Reimburseable Fees 6,863 294 85 Outsourcing design review-Ritz Outsourcing plan check fees-Ritz/Front Door Building Reimburseable Fees Construction Permit Fees (210,000) , Reduction in projection of the 2005 budget transferred to GF in 2004 for AIPP now funded from RETT d b l f Transfer to RETT Accident/Insurance Reimbursem 53,813 27,435 ance a un From. Pinnacol Insurance-worker's compensation dividend Employee Benefits 89,000 Health and disability insurance premiums Subtotal General Fund 284,924 436,624 Dispatch Service Fund CAD/RMS Maintenance Transfer to CPF Subtotal Dispatch Service Fund Conference Center Fund Sales Tax Public Accomodations Tax Interest Management Fee Professional Fees Subtotal Conference. Center Fund Health Insurance Fund Employer Contributions Employee Contributions Insurer Proceeds Short Term Disability Interest Income ST Disability Claims Health Insurance Claims Paid Subtotal Health Insurance Fund Total All Funds (17,020) to CPF to fund Intergraph final billing CEP019 17,020 to CPF to fund Intergraph fmal billing CEP019 0 62,249 Increase in projection from budget 57,593 Increase in projection from budget 86,000 Increase in projection from budget 5,992 197,362 205,842 203,354 52,500 (33,000) 14,000 36,500 4,000 Increased to cover higher claims Based on actual Stop loss reimbursements-based on actual Increased to cover higher claims Revised estimate 36,500 Increase in claims 37,500 Increase in claims 74,000 74,000 3,336,739 1,886,367 Supp 3 of 2005 051206 S-3 12/1/2005 2:23 PM Version 1 First Reading Supplemental 3 2005 Budget General Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance 2004 2005 Audited Amended Actuals Budget Revenue Local Taxes Sales Tax 8,881,480 8,796,600 Property and Ownership ~ 2,621,493 2,637,458 Ski Lift Tax 2,496,162 2,585,000 Franchise Fees, Penalties, and Other Taxes 699,649 ' 795,500 Licenses & Permits 1,685,277 2,672,350 Intergovernmental Revenue 1,435,982 1,353,761 Transportation Centers 3,285,932 3;014,400 Charges for Services 807,041 778,737 Fines & Forfeitures 210,497 200,800 Earnings on Investments 172,806 120,000 Rental Revenue 803,939 768,865 Miscellaneous and Project Reimbursements 359,829 610,65.5': Transfer from RETT 27,435 - Transferfrom Capital Projects Fund ~~~°29,300"°~ Total Revenue 23,487,522 24,363,426 Expenditures Salaries 10,039,142 10,837,01"2 Benefits 3,368,357 3,815,092 Subtotal Compensation and Benefits 13,407,499 14,652,104 Contributions and Special Events 996,662 ~ 825,876 All Other Operating Expenses 4,338,334 5,528;51.4 Heavy Equipment Operating Charges 1,406,066 1,609,506 Heavy Equipment Replacement Charges 424,478 581,522 Dispatch Services 463,813 559,034 Total Expenditures 21,036,852 23,756,556 Revenue Over (Under) Expenditures 2,450,670 606,870 Transfer to Capital Projects Fund (1,773,800) '.(68,990);: Transfer to RETT Fund ' (38,197)' Transfer to Dispatch Services Fund (19,500) Beginning Fund Balance 10,376,744 11,053,614 Ending Fund Balance $ 11,053,614 $ 11,533,797 GF-1 Version 1 First Reading Supplemental 3 2005 Budget Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance 2004 2005 Audited Amended Actuals Budget Sales Tax 6,700,095 `"7,349;40Q ' Federal Grant Revenue 1,412,098 ;1,757;889, Lease Revenue 189,480 150,000 CDOT Reimbursement 40,322 - T~ansfer from General Fund 1,773,800 , 68,990 Transfer from Dispatch Services Fund 110,000 - 17,02Q Transfer from RETT 1,130,205 - Project Reimbursement 1,031,157 2,837,061 Eagle County Grant Revenue 366,510 - Interest Income & Other 354,995 25,000 Total Revenue 13,108,662 12,205,360 Expenditures Equipment Purchases Document Imaging 20,437 20,000 Software & Hardware Upgrades 205,872 140,486 Web Page Development/Ecommerce 50,000 Eagle County CAD / RMS Project 662,804. „ .205,31:0,.,.' Police Copier 10,310 Police Vehicles Hardware Laptop 65,808 - Live Scan Equipment - 26,490; Video Security for Jail 10,628 - Patrol Car Video Cameras - 45,000 Quick Response Vehicle -Fire Dept 108,555 - Fire Department Breathing Apparatus 24,772 25,000 Replace Buses 2,295,622 2,430,700 GPS for Buses 30,720 269_,280 Police Vehicles 274,272 - Vehicle Expansion 40,300 Subtotal Equipment Purchases 3,699,490 3,262,876 Capital Maintenance Bus Shelter Replacement 10,532 38,000 Capital Street Maintenance 620,054 1,584,565 Parking Structure Improvements 520,000 508,740 General Facility Improvements 482,542 331,500 Subtotal Capital Maintenance 1,633,128 2,462,805 Buildings 8 Improvements Town Manager's Residence 56,786 - Town Manager's Office 8,309 - Fire infrastructure improvements 56,730 270,635 Fiber Optics in Buildings 21,650 75,000 Dobson Ice Arena 163,880 10,000 Way Finding Improvements .6,289 ;'~ 49,984': Donovan Park Pavilion 46,978 42,000 CPF-1 Version 1 First Reading Supplemental 3 2005 Budget Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance Multi-Purpose Recreation Facility Subtotal Bldgs !Improvements Streetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Housing Program 2004 2005 -Audited Amended Actuals Budget 1,451,816 88,000 1,81.2,438 535,619 55,256 424,3,60 3,146,998 4,411;208 3,202,254 4,835,568 Buy-Down Program - 200,000 Timber Ridge Debt Service Guarantee - - > Timber Ridge Loan .. 700,000 Subtotal Housing Program - 900,000 Lionshead Redevelopment Lionshead Improvements 90,659 313,955 Subtotal Lionshead Redevelopment 90,659 313,955 Other Improvements Revise TOV Master Plans (W. Vail) 100,000 Street Light Improvement Program 62,804 50,000 Drainage Improvements 75,000 75,000 I-70 Noise 58,340 526,000 Subtotal Other Improvements 196,144 751,000 Total before Financing Transfer for Debt Service Transfer to General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 10,634,11.3 13, 061, 823 2,337,905 2,422,154 29,300 . 12, 972, 018 15, 513, 277 136,644 (3,307,917) 8,054,258 8,190,902 $ 8,190,902 $ 4,882,985 CPF-2 Version 1 First Reading Supplemental 3 2005 Budget REAL ESTATE TRANFTER TAX FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE 2004 2005 Audited Amended Actuals Budget REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Land Sates ~ Exchange Project Reimbursements AIPP Revenue Interest Income 8~ Other Transfer from GF Recreation Amenity Fees Total Revenue 4,850,152 6,000,000 107,941 115,956 21,686 20,000 56,600 206,266, 35,000 - 116,372 92;320 38,197 226,745 360,000 5,414,496 6,832,739 EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Betty Ford Alpine Gardens Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Park Capital Maintenance Bear Proof Containers. Park, Path & Landscape Maintenance Subtotal Maintenance 240,987 300,000 62,178 213,628 75,000 122,000 28,410 137,000 12,969 37,030 150, 000 100,000 0 114,500 0 19,500 749,963 `.? ~ .973,991Y': 1,319,507 2,017,649 Recreation Path/Trail Development Cascade Bike Path Trailhead Development N. Frontage Rd. (School to Roundabout) Village Streetscape Design 8 Implement Meadow Drive Subtotal Pathways Capital Maintenance ADA Compliance w/ VRD Raw Water Project Stream Tract Mitigation Pirate Ship Park -Per Safety Plan Big Horn Park -Per Safety Plan 471,271, . 3,443 36,555 592,744 57,256 2,450,000 2,525,000 25,000 3,046,187 .3,115,082 50,000 1,042 228,097 35,000 298,782 36,888 225,000 RT-1 Version 1 First Reading Supplemental 3 2005 Budget REAL ESTATE TRANFTER TAX FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE Public Art Seibert Circle Subtotal Capital Maintenance Park Development Donovan Park White Water Park Skate Park Vail Memorial Park Subtotal Park Development Open Lands Open Space Acquisition Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Transfer to Genreral Fund Beginriing Fund Balance Ending Fund Balance 2004 2005 Audited Amended Actuals Budget 62,555 ,. , ~;,, 168;739; 1,134, 000 362,379 1,877,724 3,266 49,734 41,683 - 100,000 2,250 - 44,949 149,734 - 500,000 - 500,000 79,491 81,735 84, 326 79,491 166,061 4,854,763 7,826,250 559,733 (993,511) (1,130,205) - (27,435) - 6,280,458 5,682,551 $ 5,682,551 $ 4,689,040 RT-2 Version 1 First Reading Supplemental 3 2005 Budget Dispatch Services Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance 2004 2005 Audited Amended Actuals Budget Revenue E911 Board Revenue Interagency Charges Town of Vail Interagency Charge Earnings on Investments E911 BOARD Capital Grant Transfer from General Fund Other Total Revenue Expenditures Salaries 8~ Benefits Operating, Maintenance ~ Contracts Capital Outlay Total Expenditures $ 369,000 $ 345,660 719,068 _ 814,058 463,813 559,034 6,317 - 19,500 33,463 1,558,198 1,771,715 1,290,384 1,332,646 217,093 3$4, 238 120, 299 11, 750 1,627,776 1,728,634 Revenue Over (Under) Expenditures (69,578) 43,081 Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance (110,000) (17,020) 386,692 207,114 $ 207,114 $ 233,175 DSF-1 Version 1 First Reading Supplemental 3 2005 Budget Conference Center Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance 2004 2005 Audited Amended Actuals Budget Revenue Sales Tax 1,828,234 ~: ~ 1",867,249 PublicAccomodationsTax 1,730,378 ' 1,792,593 Subtotal Taxes 3,558,612 3,659,842 Penalties and Interest on Delinquent Taxes 8,458 - Interest 67,603 ' 86,000~'~ 3,634,673 3,745,842 Expenditures - Admin Management Fee Office Supplies Postage Subtotal Administration 178,353 182,992 1,315 _ _ .- 725 - 180,393 182,992 Capital Outlay Professional Fees Design Fees Subtotal Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 609,544 ~ .246,633 179,940 1,322,607 789,484 1,569,240 969,877 1,752,232 2,664,796 1,993,610 3,026,538 5,691,334 5,691,334 7,684,944 CCF-1 Version 1 First Reading Supplemental 3 2005 BUDGET HEALTH INSURANCE FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE 2004 2005 Audited Amended Budget Budget Revenue Town of Vail Interagency Charge -Premiums Employee Contributions Insurer Proceeds Earnings on Investments Total Revenue $ 1,661,804 .1,883;500 ` 256,479 >` 245;000 68,958 14,000 12,844 14,004 2,000,085 2,156,500 Expenditures Health Inusrance Premiums Claims Paid Short-term Disability Pay Professional Fees Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 242,510 24'4,000-` 1, 551,632 1; 820,000: , 91,140 °' ~ 61~500`T~ 22,857 31,000° 1, 908,139 2,156, 500 91,946 - 815,372 907,318 $ 907,318 $ 907,318 HIF-1 ORDINANCE N0.28 SERIES OF 2005 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2005 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.25, Series of 2004, adopting the 2005 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes- the expenditure or (reduction) of said appropriations as follows: General Fund $ 436,624 Capital Projects Fund 1,080,103 Real Estate Transfer Tax Fund 92,286 Conference Center Fund 203,354 Health Insurance Fund 74,000 Dispatch Services Fund 0 Total 1 886 367 2. If any part, section, subsection, sentence,, clause or phrase of this ordinance is for any -1- reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2005, and a public hearing shall be held on this Ordinance on the 20th day of December, 2005, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor -2- MEMORANDUM TO: Vail Town Council FROM: Rachel Friede, Department of Community Development DATE: December 6, 2005 SUBJECT: Ordinance No. 29 Series of 2005 (Housekeeping Ordinance) I. DESCRIPTION OF THE REQUEST . The applicant, the Town of Vail, is proposing text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development `Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town Code. Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code Sections, many of which have occurred through zoning amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission; and the Town Council, with a housekeeping ordinance to rectify these issues. It is important to note that none of the text amendments will result in significant changes to the Vail Town Code, but rather seek to clarify the text or correct spelling and grammar errors. Examples of proposed text amendments are shown below and categorized by the type of error. Additions of text are shown in bold while deletions are shown in s~tfilEet~-reug#. Spelling Error: In this case, the. word "willful" is spelled incorrectly. The proposed text amendment will correct this mistake and ensure that the Code is legally binding. _.._-- 11-3-2: LIABILITY. The provisions of this Tfitle shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or .~! willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Tfitle. Grammatical Error: While there are hundreds of different grammatical errors existing in the Vail Town Code, one example of a grammatical error is that "Vail Village Urban Design Guide Plan and Design Considerations" is not capitalized. This is a very common grammatical error in the Town Code. Other terms often not capitalized but which should be are "Planning and Environmental Commission," "Town Council," "Title," "Section" and the names of zone districts(Hillside Residential, Single-Family Residential, etc..). . 12-78-12: HEIGHT.• Height shall be as regulated in the Vail Village Urban De~esign Gguide Pplan and Ddesign Csonsiderations. Standardization of Terminolopy: The term "zone district" refers to the various sections of the Town of Vail which have uniform regulations governing the use of land and the density, bulk, height and. coverage of buildings and other structures. Throughout the Town Code, the term is also referred to as "districts" which may be confusing to applicants. Therefore, the proposed text amendments include standardization of this term as "zone district," shown below. Note there are also numerous grammatical errors in this Article. 12-7C-2° REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle, shall substantially conform to the. development plan adopted by the Tlown Csouncil. Clarifications: In Article 14-10F: Outdoor Lighting, there are numerous places where clarifications need to occur. First, the term °Frequency" has been an issue with applicants, being misconstrued as related to a technical lighting term rather than the number of lights permitted. The proposed text amendment would change "Frequency" to "Quantity" in order to clarify the purpose of the Article. Also in this Article is a reference to the "Town of Vail's Municipal Code," which is an improper reference to the "Vail Town Code.° The proposed text amendment seeks to clarify which document is being referenced. The last proposed text amendment to this Article is a change to a reference to Section 18.04.137, which is the codified Section of the Town Code before it was recodified. This Section no longer exists, and the correct reference is Chapter 14-2. ARTICLE 14-10F: Outdoor Lighting: 9. €re~er~sy Quantity: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner, so long as the.lighfs are in compliance with the Vail Town Code ' ' ' ' Light sources which are no i more than eighteen inches above grade, as measured from the top of the fixture to the finish grade below, and are either full-cutoff fixtures, as defined in Chapter 14-2 ~estiea ~, or have a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted ~I outdoor light sources. The number, location, and style of such light sources are i, subject to Design Review. II. BACKGROUND On August 22, 2005, PEC held a worksession to discuss the need for proposed text amendments to the Town Code, which have arisen out of the "clean-up" process. The PEC responded to spelling and grammatical changes with positive comments. On September 12th, a second worksession was held to review clarification changes with PEC comments resulting in a few modifications. On October 10th, 2005, PEC reviewed yet another set of clarifications and felt comfortable with the proposed text amendments. These amendments were compiled by staff into the Report on Proposed Text Amendments To The Vail Town Code, found in Attachment X. On October 24th, PEC forwarded a recommendation for approval with conditions to the Vail Town Council for the text amendments outlined in the Report. The condition was that any additional grammatical or spelling changes could be added to the report before review by Town Council. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council listen to all presentations and ask questions in order to more fully understand the proposed text amendments. Additional worksessions will occur as necessary to familiarize Town. Council members with the proposed amendments, after which a first reading will occur. IV. ATTACHMENTS A. PEC memo August 22, 2005 B. PEC memo October 24, 2005 C. Report on Proposed Text Amendments to Vail Town Code Attachment A'; MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 22, 2005 SUBJECT: A request fora worksession to discuss a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town.Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is proposing text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook of the Vail Town Code. The majority of these amendments are grammatical and spelling changes or clarifications to the Code, while others are changes in policy that have arisen from the "clean-up" process. As this is only a worksession, staff will not make a recommendation at this time. II. DESCRIPTION OF THE REQUEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code sections, many of which have occurred through zoning code amendments, changes in procedures, or.errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not occurred for some time, a thorough review of the Town Code has. revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues have also arisen and staff looks to update the Code to reflect changes in policy. In the next session, staff will introduce a recommendation to the Planning and Environmental Commission for proposed text amendments to Title 11, Sign Regulations, Title 12, Zoning Regulations, Title 13, Subdivision Regulations and Title 14, Development Standards Handbook. This worksession has been requested so that the PEC can become familiar with the proposed text amendments, to be submitted to PEC in the near future. III. DISCUSSION ITEMS NEED FOR TEXT AMENDMENTS: The Town Code has numerous simple errors, as well as sections which are unclear to various stakeholders. It is paramount that.the Town rectify these problems in order to have a clear and concise Code. As for the policy changes, these have .arisen through actual applications that have brought to light the numerous policy changes necessary to render the Code consistent with the shifting policy of the Town's development objectives.. • THREE TYPES OF REVISIONS: i. GRAMMAR AND SPELLING: The first tier outlines all of the grammatical and spelling errors present in the Vail Town Code. -In correcting these errors, we can ensure that the Town Code will continue to serve the public's best interests through clear, concise and professional legal text. One of the most common mistakes in this tier will be capitalization of proper nouns, such as Planning and Environmental Commission. Another error that was corrected is that "zone district" was improperly codified as "district" in many cases. ii. CLARIFICATION: The second tier includes text amendments that will clarify portions of the Code that have created problems for applicants, DRB, PEC and the Town Council. In some instances, procedures for development review and .criteria for applicants, DRB, PEC and Town Council to follow are not completely outlined, leaving the various stakeholders without enough direction during the process. Staff reviewed these gaps in the Code and by creating procedure where lacking, we can ensure a legally binding process is occurring in the Town's development review process. This section will also seek to create complete Definitions chapters of Titles 11, 12, 13 and 14, by defining "terms of art" found in the Code but not in the Definitions chapters(11-2, 12-2, 13-2, 14-2): These are just two examples out of the many text amendments proposed in this tier that will alleviate confusion among applicants and other stakeholders. iii. POLICY CHANGES: When staff evaluates the Code for clean-up purposes or simply during the course of design review, policy issues inevitably arise. Issues that hamper the planning process and oppose the public's interest should be corrected. The third tier discusses. such changes in policy. In many cases, changes in policy may come after numerous variances are given, and a shift in policy is made obvious, as in the case of making "Convenience Food Stores" a "Subject to Review" land use in the Heavy Service District. Other policy changes come from a need to revisit procedure, as staff reviewed in the Subdivision Regulations. When we do not follow the current regulations in the Code verbatim, we must address this by shifting our policy to reflect actual procedure. 2 IV V. 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 Vail 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 Vail 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 Vail 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 Vail Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code, and will be applied to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals and/or intent of the Titles. The lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed specific purposes of Titles 11, 12, more comprehensive, clear and welfare of the community, which among the pertinent Titles. text amendments further the general and 13, and 14. The text amendments create a concise Code that will promote the general is the most applicable purpose in common 3 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 Staff believes that the proposed text amendments better implement and better achieve 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. 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 Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. A significant amount of time has elapsed since the last "clean-up" process has occurred, and numerous changes have occurred within the Department of Community Development as well as the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will 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. VI. STAFF RECOMMENDATION Due to the nature of worksessions; no action is recommended at this time. However,, staff will make a recommendation when the request for proposed text amendments is submitted to the Planning and Environmental Commission. VII.. ATTACHMENT A. Public Notice B. Draft of Proposed Text Amendments 4 Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 2005 SUBJECT: A request for a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, Town of Vail, is requesting a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval with conditions to the Vail Town Council for the proposed text amendments, subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns 'to the Planning and Environmental Commission and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not. occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues also arise and staff looks to update the Code to reflect shift in policy. Staff has drafted a report, in Attachment A, including all the proposed text amendments previously reviewed by the Planning and Environmental Commission. The last set of proposed text amendments, in Section VI of this memo, will be added to this report pending comments by PEC. Staff is also requesting. permission to add any grammatical or spelling changes still not corrected in this report before submission to Town Council. III. BACKGROUND On August 22, 2005; PEC held a worksession to discuss the need for proposed text amendments to the Town Code, which have arisen out of the clean-up process. Staff presented an overview of the three tiers of proposed text amendments: spelling and grammatical changes, clarifications of code and policy changes. The PEC reviewed Tier I, speNing. and grammatical changes with positive comments: On September 12th, a second worksession was held to review clarification changes with PEC comments resulting iri a few modifications. On October 10th, 2005, PEC reviewed yet another set of clarifications and felt comfortable with the proposed text amendments. IV. ROLES OF REVIEWING BODGES 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 Vail 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 Vail 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 Vail 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 Vail Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Sion Requlations (Title 11, Vail Town Code) Chapter 11-1: Description,' Purpose and applicability 11-1-2: Purpose A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: . 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail 2. To encourage the establishment of well .designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Town of Vail Zoning Requlations (Title 12, Vail Town Code) Chapter 12-1: Title, Purpose and Applicability 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 development 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. Town of Vail Subdivision Requlations (Title 13. Vail Town Code) Chapter 13-1: General Provisions 13-1-2: Purpose A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, 'safety and welfare of the present and future inhabitants of the Town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the Town Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to'serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements. on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town. The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code, and will be applied to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals and/or intent of the Titles. The lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. VI. PROPOSED TEXT AMENDMENTS Note: While proposed text amendments were included in the PEC memo, these amendments are now included in the Report on Proposed Text Amendments to the Vail Town Code. VII. CRITERIA AND FINDINGS A. The review criteria and factors for consideration for a request of a text amendment from Title 11, 13 and 14 are very general statements that point to the purpose of these Titles and what criteria should be used in determining if an amendment is to be adopted. Staff believes. that these text amendments follow in accordance with the purpose and intent of these Titles, as the text amendments are all in line with the public interest and serve to improve the Code. The review criteria and factors for consideration for a request of a text amendment from Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for Title 11, 13, and 14, these provisions will be used for this entire text amendment to provide for a stringent criteria. A. Consideration of Factors Reoardinq the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11, 12, 13, and 14. The text amendments create a more comprehensive, clear and concise Code that will promote the general welfare of the community, which is the most applicable purpose in common among the pertinent Titles. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goats, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and better achieve 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. 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 Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. A significant amount of time has elapsed since the last "clean-up" process has occurred, and numerous changes have occurred within . the Department of Community Development as well as the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use. regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will 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. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for a text amendment: 1. 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; and 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Review Handbook; 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council. for the proposed text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Town Code, in Section VI and Attachment I of this memo for proposed "house keeping" amendments and/or corrections. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions to .the Town Council the Town of Vail's request for proposed text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Town Code, for proposed "house keeping" amendments and/or corrections." Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments staff recommends that the following findings be incorporated into a motion: "1. 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, and 2. That the amendments further the general and specilrc purposes of the Sign, Zoning and Subdivision Regulations and the Development Standards Handbook; 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. " Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the following condition: "1. Prior to submitting a report of proposed text amendments to Town Council, staff may add text amendments to spelling and grammatical errors in the Vail Town Code to said report." IX. ATTACHMENTS A. Report on Proposed Text Amendments To Vail Town Code ATTACHMENT C REPORT ON PROPOSED TEXT AMENDMENTS TO VAIL TOWN CODE Prepared by: Rachel .Friede The Department of Community Development Town of Vail October, 2005 INTRODUCTION Project Background Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code sections, many of which have occurred through Zoning. Regulations amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to "clean-up" Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook.. These Titles were carefully reviewed for any inconsistency and lack of clarity. As the clean-up process has not occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. The clean-up process resulted in this study, The Report on Proposed Text Amendments to the Vail Town Code. Approach to, the Project Community Development Department Staff have created a staff interpretation guide for places in the Town Code where clarification is necessary and different interpretations of the same language can occur. Staff used this guide as a basis for this project, hoping to clarify many of these staff interpretations with text amendments. Staff also reviewed the Code for grammatical and spelling errors that have been missed in previous Code clean- up projects. Over the Summer, staff met periodically to discuss the Town Code and specific Chapters where problems have arisen. Many of these proposed changes have been included in this Report, while others were stricken due to creating other inconsistencies. 'Scope of this Report The Report on Proposed Text Amendments to the Vail Town Code is the produce of our approach to the clean-up process. It includes a comprehensive inventory of issues in the Sign Regulations, Zoning Regulations, Subdivision Regulations and the Development Standards Handbook, amendment options and alternatives as well as staffrecommended text amendments. The proposed text amendments will not significantly alter any policy, but rather seeks to create a Code that is legally binding and user-friendly. The report is intended to provide a framework for the Town Council, PEC, staff and public to discuss the issues in the Town Code, and alternatives for addressing these issues. Organization of this Report The. Report on Proposed Text Amendments to the Vail Town Code is organized in the same order as the Town Code. The Chapter, Section or Subsection(s) that are being scrutinized are identified. Then, issues with the respective portions of the Code are identified, with options for amendments also identified. Then, within the text boxes are the recommended amendments, which are outlined in ordinance form. This means that all additions are iri bold, while all deletions are in s~il~gh. Recommendations for Implementation The Planning and Environmental Commission reviewed these proposed text amendments ~in numerous worksessions and then made a final recommendation of approval to the Town Council on October 24`h, 2005. This Report was forwarded to Town Council as an outline of these recommendations. Staff will present this Report to the Town Council in multiple worksessions, and then will package all proposed amendments into one ordinance. The approval of this ordinance would enact all amendments in one step. There are numerous advantages to packaging all amendments into one ordinance. The greatest advantage is that all the amendments, many of which are inter-related, can be passed in unison. This is very important, considering that this report recommends hundreds of text amendments. TITLE.11: SIGN REGULATIONS CHAPTER 19-1: DESCRIPTION, PURPOSE, AND APPLICABILITY: SECTION 11-1-1: DESCRIPTION: SECTION 11-1-2: PURPOSE: SECTION 11-1-3: APPLICABILITY: ISSUE There are numerous capitalization errors, such as the words Title, Code and Design Review Board. OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the words can be capitalized. RECOMMENDED AMENDMENTS 11-1-1: DESCRIPTION: This Ttitle may be cited as the SIGN REGULATIONS for the Ttown, and shall be incorporated as Ttitle 11 of this Csode. 11-1-2: PURPOSE: A. ~ General Purpose: These regulations are enacted 'for the purpose of promoting the health, safety, :morals, and general welfare of the Ttown of Vail and to promote the coordinated and harmonious design and placement of signs in the . Ttown in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highesf quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Ttown of Vail. 11-1-3: APPLICABILITY.• Except as provided elsewhere in this Ttitle, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this Ttitle. All signs in the Ttown of Vail are subject to the design guidelines and standards (Ssection 11-5-1 of this Ttitle) and review by the De~esign Rreview Bboard (DRB). 1 CHAPTER 11-2: DEFINITIONS: SECTION 11-2-1 DEFINITIONS ENUMERATED: ISSUE There is a grammatical error to the definitions of "Residential Nameplate Sign." OPTIONS The. error can remain or a text amendment can easily fix this mistake. RECOMMENDED AMENDMENT 11-2-1 DEF/ N/ TONS ENUMERATED: RESIDENTIAL NAMEPLATE SIGN: A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, and/or the house name or address, which ##at shall not contain advertising of any kind. ISSUE There are many terms in the Sign Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of the Sign Regulations. OPTIONS Without any changes, the Sign Regulations will lack. clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. -The proposed text amendments to the Definitions chapter of the Sign Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS Add the following to 11-2-1: BALLOON:. A flexible bag designed to be inflated with hot air or with a gas, such as helium, that is lighter than the surrounding air, causing it to rise and float in the atmosphere. BUSINESS, VACATED: A commercial entify that has been closed and vacafed for more than ninety (90) days without intent to reopen. PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or engraved for mounting, as on a wall or the ground, in order to honor a person or persons, or to denote transfer of the property to the public for public use. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including but not limited. to movies, television shows and audio CDs or records. 2 SIGN, GARAGE SALE: (Also referred to as YARD SALE SIGN): A temporary sign that announces a garage sale or similar event. SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is placed .on a memorial site, including a memorial fountain or statue. SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the Town of Vail for public use, including directional signs, to control traffic or for other regulatory purposes. SIGN, PRIVATE NO PARKING: A sign on private property that alerts others ofnon-public parking space. SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, or within a specific lone district of the Town of Vail. SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that 'is constructed, erected and maintained by the Town of Vail, or with the permission thereof, in order to inform the public of public amenities, community activities, special events, and personal information. SIGN, SALE: A sign that identifies a discounting of merchandise is faking place within the commercial establishment. SIGNS, EXEMPT: A sign that is not subjecf to the regulations of this Title. TABLET: A slab or plaque with a surface that is intended for or bears an inscription. ISSUE There are numerous definitions that reference other terms or Subsections of the Code. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS . A "no action" approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more comprehensive definitions Section of Title 11 with each definition clearly outlined. RECOMMENDED AMENDMENTS AGGRIEVED PERSON: . Any person who will suffer an adverse 3 effect to an interest protected or furthered by this title. The alleged adverse interest maybe shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. DISPLAY BOARD: . (Also Known As A MENU BOA: A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, real estate listings, entertainment options, or items related to the advertised business; allowed at eating and drinking establishments, real estate businesses and movie theaters only. SIGN, HANGING ~lal: (Also referred, to as PROJECTING SIGN) A sign that is attached to. a building, extending horizontally beyond the surface of the building to which it is attached. SIGN, PROJECTING ~-IGI~I: (Also referred to as a HANGING SIGN) A sign that is attached to a building, extending horizontally beyond the surface of the building to which if is attached. SIZE: (See also de#mitiens~f AREA, SIGN.) The dimension of a sign, determined by the type of sign, as further regulated by Chapter 6, "Business And Building Identification Signs'; of this Title. ISSUE During Vail's Billion Dollar Renewal, there has been confusion among applicants as to which Sign Regulations apply to particular projects. There are regulations for Temporary Site Development Signs, but they do not match the Town Council approved regulations for signs during the renewal. OPTIONS While one option is to do nothing, this will result in continued confusion during the renewal process. Another option is to unify all the signs related to construction, but this would take away from the Temporary Site Development Signs' ability to promote Vail's Billion Dollar Renewal. Staff feels that construction sign and temporary site development sign should be clarified to create two separate terms, one for major development periods, and the other for general. construction. Staff is recommending revamping the Temporary Site Development Sign regulations and creating Construction Sign regulations below. In the future, applicants will have a clear understanding of which signs apply to their projects. Staff will also have codified standards from which to regulate. RECOMMENDED AMENDMENTS SIGN, CONSTRUCTION ~&l~l: ~nitnlnmm~nf Cinn A sign permitted to identify a project under construction and the associated hazardous conditions as further regulated by Section 11-7-13, Vail Town Code. SIGN, TEMPORARY SITE DEVELOPMENT. A sign permitted to.' identify and describe a project under construction and the 4 associated hazardous conditions, during large scale development periods as .determined by the Vail Town Council, as further regulated by Section 11-7-6, Vail Town Code. > > ISSUE Using both °business frontage" and "linear frontage° to describe various frontages of a building has created confusion•in applying the Sign Regulations. OPTIONS If the terms remain the same, there will continue to be confusion regarding frontages. This can lead to confusion as to how many signs can be displayed on a property. By only using Linear Frontage instead of business frontage, one uniform term applies to all frontages. In the case of business frontages, refer to the Linear Frontage of a business. RECOMMENDED AMENDMENTS FRONTAGE, LINEAR: The horizontal, lineal dimension of any side of a first story, second story, or other above grade level. When more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own linear frontage. FRONTAGE, BUILDING: The horizontal, lineal dimension of any side of a building that has a usable public entrance upon a major vehicular or pedestrian way or other major circulation area. Where more than one use occupies a building, each use .having a public entrance for-its exclusive utilization shall be considered to have ifs own linear -,t~sines~frontage. bus+~ss-freatage: CHAPTER 11-3: ADMINISTRATION: SECTION 11-3-2: LIABILITY: ISSUE There are numerous capitalization and spelling errors. OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the errors can be corrected as shown in the recommendation. 5 RECOMMENDED AMENDMENT 77-3-2: LIABILITY.' The provisions of this Tlitle shall not limit. the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or w~~ willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Tlitle. The provisions of this Tlitle shall not impose upon the Tlown of Vail, its officers, employees, or the Ddesign Rreview Bboard, any responsibility or liability by reason of the approval of any sign. CHAPTER 11-3: ADMINISTRATION: SECTION 11-3-3: PRESCRIBED REGULATIONS AMENDMENT: (NEW SECTION ISSUE There are no applicable factors and necessary findings to review proposed text amendments to the Sign Regulations. OPTIONS Currently, staff uses factors and necessary findings from the Zoning Regulations, as well as consideration of the purpose of the Sign Regulations. Staff. feels that factors and necessary findings need to be written into the -Sign Regulations to give PEC and the Town Council a legally binding procedure. RECOMMENDED AMENDMENT Enact a new Section, 11-3-3: 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: . (7) The extent to which the text amendment furthers the general and specific purposes of the Sign 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 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 6 (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 PEC and/or Town Council deem applicable to the proposed fext amendment b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: - (9) That the amendment is consistent wifh 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 Sign Regulations; and (3) That the amendment promotes the health, safefy, 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. CHAPTER 11-5: DESIGN GUIDELINES AND STANDARDS SECTION 11-5-2: DESIGN GUIDELINES ISSUE There should be a hyphen in the word "nonreflective," agrammatical error. OPTIONS - The error can remain, with no serious consequences except an unprofessional looking Code. Or, the word can be fixed. RECOMMENDED AMENDMENT 11-5-2: DESIGN GUIDELINES C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; ~ae~e#les#+ve non-reflective glass and stained glass; other naturally textured building materials. CHAPTER 11-6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 7 SECTION 11-6-1: PURPOSE AND DESCRIPTION: ISSUE There is a grammatical error and two capitalization errors. OPTIONS The errors can remain or they can be fixed, which will create a more professional looking Code. . RECOMMENDED AMENDMENTS 11-6-1: PURPOSE AND DESCRIPTION: Business and building identification signs are meanf to identify and inform through the display of the business and/or building .name and any graphic symbols or language pertinent to the advertised enterprise. This Cshapter covers all of the technical information related to business and building identification signs. All business and building identification signs shall comply #a with the standards outlined in this Cshapter and shall be subject to design review. SECTION 11-6-3: BUSINESS. SIGNS: SECTION 11-6-4: BUILDING IDENTIFICATION SIGNS: ISSUE One of the text amendments to Section 11-2-1 is the removal of the term"business frontage," with the intention of changing this term in the Code to "linear frontage of a business." This .issue has come up due to confusion of applicants over the Sign. Regulations. OPTIONS If there are no changes made, the places that reference "business frontage" will be even more confusing without a definition. With the changes to replace "business frontage" with °linear frontage of a business," there will be less terms being used to determine quantity of signage on buildings. RECOMMENDED AMENDMENTS 11-6-3: BUSINESS SIGNS: B. Sign District 2 (SD 2); Number, Area, Height, And Special Provisions Of Business Signs: 1. Wall and projecting/hanging signs: a. Number: One per linear ~siness frontage of a business on a major pedestrian or vehicular way with a maximum of three (3) per business. D. Sign District 2 (SD 2); Measuring Linear R' ~~, Frontage For Business Signs: Figure 3 of this Ss2ction illustrates how to measure the linear frontage of a business. Note: In order to be considered a frontage, that side of a building or business 8 shall have a major public entrance that opens onto a major vehicular or pedestrian way. 11-6-4: BUILDING IDENTIFICATION SIGNS: 3. Sign Districts 1 And 2; Types Of Building Identification Signs: c. Joint directory signs: (1) Number: One joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear. frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to .two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. CHAPTER 11-7: OTHER SIGNS SECTION 11-7-3: PUBLIC INFORMATION SIGNS: ISSUE This Section is not following the same format as other specific Sign Regulations. OPTIONS If we do nothing, we will be doing a disservice to the Code, which needs to be formatted universally. In this case, the content of Section 11-7-3, Vail Town Code, was reworded • to reflect the format of other sign regulations within Title 11, Vail Town Code. This proposed text amendment does not change the meaning of this regulation in any way. RECOMMENDED AMENDMENT 11-7-3: PUBLIC INFORMATION SIGNS: A. Description: All public information signs shall include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. B. Size, height, number, location, design, lighting and landscaping: Subject to design review. C. Special Provisions: All display boards and kiosks shall be constructed, erected, and maintained by the Tlown of Vail or with the permission thereof. SECTION 11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS: SECTION 11-7-13: CONSTRUCTION SIGNS: (NEW SECTION) ISSUE• There is confusion as to what a "Temporary Site Development Sign" is and what projects are applicable.. Public Works' sign program fnr the Billion Dollar Renewal outlines rules for signs that run contrary to the Sign Regulations OPTIONS If nothing is done, there will be continued confusion from applicants as to what signs are required on construction sites. As Temporary Site Development Signs will be linked to major development periods in Vail, such as the Billion Dollar Renewal, the Code needs 9 to reflect the .Town Council approved sign program introduced by the Department of Public Works. Text amendments will clarify the difference between "Temporary Site Development Signs" and "Construction Signs," changing the regulations for "temporary site development signs" to reflect the Public Works rules and creating a Section on "construction signs." RECOMMENDED AMENDMENTS 11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS: A. Description: . A sign permitted to identify and describe a project under construction and the associated hazardous conditions during large scale development periods as determined by the Town Council. 1. Size: Any site development sign shall not exceed ~~~~^~~~ f`!'lll'~Y~ fnnl uiifh o hnri~nnfn/ rlimnnc•inn nn nrn.+fnr fh n inn f f _y,........ ......, ..~..~ u T; n~--Forty-two (42) inches by fifty-three (53) inches in dimension. €~~r--grade: 23. Number.• One sign per building frontage upon a site. 34. Location: Signs shall be mounted on construction fencing. In the absence of . construction fencing, a.two-sided sign mounted on a four by four (4x4) inch post may be placed within a landscaped planter. 46. Lighting: Not permitted. 5~. Special Provisions: Temporary site development signs shall be removed prior to the issuance of a temporary certificate of occupancy. 6. Content: No content other than listed below shall be included on a Temporary Site Development Sign. A. Temporary Site Development Signs shall include the following information: (1) Project Name (2) Building Permit Number (3) Contact Information: Only one name, one phone number and one email address shall be permitted. (4) Physical address. B. Temporary Sife Development Signs may include the following information: (1) Staff approved development slogans. (2) Brief factual description of the project: (3) Website address. (4) Artist Rendering. (5) Proposed completion date. 10 RECOMMENDED AMENDMENT Enact a new Section, 11-7-13 Construction Signs, to read: 11-7-13: CONSTRUCTION SIGNS A. Description: A sign permitted to identify and describe a project under construction and the associated hazardous conditions. 1. Size: Any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten (10) feet. 2. Height: The top of a sign shall be no higher than eight feet (8) from grade: 3. Number: One sign per site. 4. Location: A wall mounted sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrianway which the building abuts and shall be subject to design review. If no wall exists for sign to be placed, the sign may be mounted on the construction fence. 5. Lighting: Not permitted. 6. Special Provisions: Construction signs shall be removed prior to the issuance of a temporary certificate of occupancy. 7. Content: Only the following text shall be included on construction signs with no other content permitted: a. Project name b. Building permit number c. Contact information: Only one (1) name, one (1) phone number and one (1) email address shall be permitted. d. Physical address. CHAPTER 11-8: SIGN PROGRAMS SECTION 11-8-2: CRITERIA: ISSUE There is.a grammatical error and a capitalization error. OPTIONS We can let the errors remain or we can correct them. RECOMMENDED AMENDMENTS 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi-family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski .base facilities) or for redevelopment projects at the discretion of the staff. Existing multi-tenant ^~~~'~,,,n commercial buildings shall 11 be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Ttitle. CHAPTER 11-10: VARIANCES AND APPEALS: SECTION 11-10-1: VARIANCES: SECTION 11-10-2: APPEAL OF A VARIANCE: ISSUE There are numerous capitalization errors. OPTIONS We can. let the errors remain, or we can correct them. RECOMMENDED AMENDMENTS 11-10-1: VARIANCES: A. Purpose: A variance from the Ssign Rregulations constitutes relief from the strict interpretation of the standards and may be granted by the . Planning and Environmental Commission(PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this Ttitle. 8. Application Procedure: An application for a variance from the sign regulations may be obtained from the Csommunity De-evelopment Ddepartment. The variance application must include a sign permit application, the applicant's reasons for requesting.a variance, and a nonrefundable fee determined by the Ttown Csouncil as set forth by Ttown ordinances. The staff shall set a date for a hearing before the sem~sier~Planning and Environmental Commission once the complete application has been received. 11-10-2: APPEAL UFA VARIANCE: An appeal to the Town Council ' of a Planning and Environmental Commissio sen~tissien (PEC) decision on a sign variance application maybe made in accordance with the appeal process (Ssection 12-3-3 of this Csode). 12 TITLE 12: ZONING REGULATIONS CHAPTER 12-1: TITLE, PURPOSE AND APPLICABILITY:. SECTION 12-1-1: TITLE: ISSUE The Zoning Regulations and the Vail Town Code are incorrectly referenced in the Title Section. OPTIONS We can let the errors remain which would cause continued confusion as to how to formally and informal refer to the Zoning Regulations and the Code. The changes will clarify any confusion. RECOMMENDED AMENDMENTS 12-1-1: TITLE This Title may 6e cited as the ZONING REGULATIONS ~€ for the Town, and shall form and be incorporated as Title 12 of the Town Code of Vail, Colorado, otherwise referred to as, "Vail. Town Code e~Vail. " CHAPTER 12-2 DEFINITIONS: SECTION 12-2-1: WORD CONSTRUCTION: SECTION 12-2-2: DEFINITIONS: ISSUE There are grammatical errors in these Sections. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. RECOMMENDED AMENDMENTS 12-2-1: WORD CONSTRUCTION: Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this Ttitle, the reference applies to all amendments and additions now or hereafter made. 12-2-2: DEFINITIONS: When used in this Ttitle, the words and phrases contained in this Ttitle shall have the specific meanings as defined in this Ssection. FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a 13 business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, pre-function presentee areas and kitchen facilities. PLANNING AND ENVIRONMENTAL COMMISSION: The F7 "`^g ax~l e~~ire~ex~~.;-seisoi^~,=Planning and Environmental Commission as many be constituted by ordinance of the Town Council~sil. .ISSUE There are many terms in the Zoning Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of the Zoning Regulations. OPTIONS Without any changes, the Zoning Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions Chapter of the Zoning Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2: DEFINITIONS: ANNEXED AREAS: Parcels of land thaf have been introduced to fhe boundaries of the Town of Vail. ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to towers, stairs, spires, cupolas, chimneys, flagpoles and similar architectural features. ATTIC: The space between the ceiling beams of the top. story and the roof rafters. AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience store. BAKERIES -AND CONFETIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site. BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair. 14 BAY WINDOWS: A window or series of windows that projecfs from the main wall of a building and forming a bay or alcove in a room within. CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering. DEED RESTRICTION: A restriction on the use of land or users/owners of property set forth in a legally binding deed. DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land. DRUGSTORE: An establishment engaged in the retail sale of prescription drugs, non-prescription medicines, cosmetics and relafed.supplies. ENVIRONMENTAL IMPACT. REPORT: A document outlining the effect of proposed development or action on the environment. FACILITIES, HEALTH CARE:. A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado.. LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron. LOBBY: A communal space in or near the entrance area of a building. MEETING AND CONVENTION FACILITY: A . building or buildings that contain space for the .convening of organizations or groups of people for the. purposes of educational, political, social or fraternal advancement. MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility serves more than one use or one user. 15 PARTY WALL: A common wall shared by two attached structures, buildings or dwelling units. PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles. PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive use, control, or possession of property due to transfer of property through a deed or other legal document. .RECREATION AMENITIES TAX: A fee or dues levied on certain development that is used to fund an exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. RELIGIOUS INSTITUTION: A building used for public worship by any number of congregations, excluding buildings used exclusively for residential, educational, recreational or other uses not associated with worship. Includes churches, chapels, cathedrals, temples, and similar designations. ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to .the ground. ROOF, MANSARD: A roof with fwo slopes on each of four sides, the lower steeper than the upper. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home .electronics are sold and/or repaired on the premises. STORE, CONVENIENCE FOOD: Commercial retail entity that specialize in selling fast food and beverage, and only includes counter service, not table service. TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside of a roof structure. 16 VARIANCE: Permission to depart from the literal requirements of a zoning ordinance, as further regulated by this Title. VEHICLE; COMMERCIAL: A vehicle that is designated for commercial use through licensing requirements by the State of Colorado. VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this Title. ZONE D1STRlCT: A specifically delineated area in the Town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the Town of Vail Official Zoning Map. ZONING MAP: A map that specifies the boundaries of zone districts within the Town of Vail. ISSUE The definition of "Site" references another term in this Section. Pointing the definition to another term rather. than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS Ado nothing approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more. comprehensive Definitions Section of Title 12 with each definition clearly outlined. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: S/TE.• (See Also LOT OR SITE) A parcel of land occupied or intended fo be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lof of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. 17 ISSUE The definition of slope includes specific regulations on calculating slope. Regulations are meant to be within other Chapters, not the Definitions Chapter. OPTIONS The definition of slope is not how actually means. If the regulations need to move the regulations on Chapter (this change is later in the report). explains what a slope is. the slope, but rather what the slope Section, they will go unnoticed. We ulate slope to the Hazard Regulation We will replace this definition with one that RECOMMENDED AMENDMENT 72-2-2: DEFINITIONS: SLOPE: T#~e-grad;en~ e; -Ee~~+g~faiier~f-tf~~ ~ ~^~i~+, ,rtioa ~ ., shall ~n rnc~~F~lichor) {~" mo.-.ci ~rinn +he~ m L. F F a ' r bnri~nn~~l rnens.~ ~romen~ eL~ II he ovnroc• or1 Herron}ilo c .~ ~~ ~~ ~~ ~~ The deviation of a surface from the horizontal, usually expressed in percent or degrees and calculated through rise over run. ISSUE There are many definitions in other Chapters that are not also listed in this comprehensive listing of terms for Title 12. OPTIONS We can keep separate Definitions Sections in various Chapters for terms that only apply to those Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms for this Title. A comprehensive Definitions Section makes the Code more user-friendly and helps ensure applicants are aware of all definitions. to calculate remain in this how to calc 18 RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2: DEFINITIONS: AFFECTED PROPERTY: Property within a Special Development District that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved Special Development District. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. if any of the property to be included in the Special Development District is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with .all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years. AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a .total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five .(25) years. AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. FLOOD HAZARD ZONE: That area covered by the base flood. The base flood area is any numbered A, AO, AH, or area of 100-year shallow flooding indicated on the Flood Insurance Rate Map, associated work maps, and Flood Insurance Study. The flood hazard zone is also any area indicated as "flood plain" as defrned by the Gore Creek Flood Plain Information Report, 1975, as designated in Section 12-21-11 of this Chapter. 19 FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency that includes flood profiles and water surface elevation of the base flood. GEOLOGICALLY SENSITIVE AREA: An area within the Town of Vail which may be subject to rock falls, mud flows, debris flows, debris avalanches, and unstable soil, slopes or rocks. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District development plan. SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEVI~: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District (other than "minor amendments" as defined in this Section), except. as provided under Section 12-.15-4, "Interior Conversions'; or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this Title. SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEUI~: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Special Development District, and are consistent with the design criteria of this Article. Minor amendments may include, but not be limited to, variations of not more than five feet (5~ to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development District; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined either A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external 'dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or 20 safety code specifications which are solely necessary to assure safe. living conditions. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the Special Development District is approved. VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and 'conditions. of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW POINT ORIGINATION: The survey point, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. ISSUE The definition for Planning and Environmental Commission references an Ordinance by Town Council rather than giving a definition of the PEC. OPTIONS The definition of the PEC is already outlined in Title 3:' Boards and Commissions, so it could remain there. However, there needs to be a definition in Title 12. This definition will help the public understand the roles and responsibilities of the PEC. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: PLANNING AND ENVIRONMENTAL COMMISSION: the The body responsible for reviewing development proposals or any matters pertaining to the Commission as provided by the Town Code and to act in an advisory capacity to the Town Council. The Planning and Environmental Commission focuses on evaluating projects based on the Zoning Ordinance, Master Plans, Subdivision Regulations, environmental concerns, etc., and as established by Chapter 3-2, Vail Town Code. ISSUE The definition for °site coverage" is confusing. OPTIONS If we leave the definition as is, it can be quite confusing to applicants, who may calculate site coverage wrong. This simple :text change clarifies the definition and removes ambiguity related to calculating site coverage. We want to ensure that the public understands what constitutes site coverage, as it is an important density control tool. 21 RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage thin r-of;.,;f~,,.,~ "building area of a site" shall mean that portion of a site occupied by any building, carport, Porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting ,from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns: ISSUE The terms "Active Outdoor Recreation" and "Passive Outdoor Recreation" are listed under the first adjective of these land use terms. In this situation, the definitions are not listed as others are in the Code, with the adjective after the noun. OPTIONS There is a do nothing approach, which may cause confusion among applicants looking for the definitions of these terms. It is necessary to amend the listing of these,terms in order to have a definitions Section that is easy to navigate for applicants. RECOMMENDED AMENDMENTS 12-2-2: Definitions: A~€OUTDOOR RECREATION AREAS, ACTIVE: Outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. °^~€ OUTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc. 22 ISSUE The loose definition of "Private Club" has allowed a loophole where it is being interpreted as a Private Parking. Club. This loophole has allowed for the. operation of parking lots with spaces sold to owners who are considered club members at the Gateway Building (CSC District) and at Golderi Peak (Ski Base/Rec 1). Private Clubs are a conditional use of Residential Cluster, Low Density Multiple-Family, Medium Density Multiple- Family, High Density Multiple-Family, Public Accommodations, and Commercial Service Center districts. OPTIONS If left as is, the loophole will continue to exist and parking clubs will continue to form in places where regulations may not have intended. We feel it necessary to sharpen the definition so that the loophole is closed and the private purchase of individual spaces as a private parking structure can exist under the constraints of the zoning regulations. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: PRIVATE CLUB: An association of persons and its premises established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, whose are bona fide members payer dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests. Parking structures may not be the sole facility for a private club. ISSUE There are too many land use terms for parking facilities within the Zoning Regulations. OPTIONS The option of leaving the land use terms as is will continue to create confusion with so many different land use terms for parking facilities. The definitions of our parking terms need to be updated to alleviate confusion. In order to standardize language used to determine types of parking facilities, we determined that using the least amount of terms for parking facilities, including structures and lots, was the best way to simplify the Code. This will help ease confusion among applicants and facilitate understanding of the Zoning Regulations. "Private parking structures" and "Private unstructured parking" will be a conditional use of High Density Multiple Family, Public Accommodations, Ski Base Recreation 1, Arterial Business District, Lionshead Mixed-use 1, and General Use districts. Staff has determined that these districts were those intended to include private parking facilities and the Code should reflect such intentions. On the other hand, private parking facilities under the guise of "Private club" are out of line with the intentions of these zoning districts.. See the changes to Chapter 12-7, 12-8 and 12-9. 23 RECOMMENDED AMENDMENTS Add the following to 72-2-2: 12-2-2: DEFINITIONS: PRIVATE PARKING STRUCTURES: A parking area within a. building for the. exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PUBLIC PARKING STRUCTURES: A parking area within a building for use by the public, to be considered an individual land use not. fo be linked with parking requirements regulated in Chapter 12-10 of this Title. PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. CHAPTER 12-3: ADMINISTRATION AND ENFORCEMENT SECTION 12-3-3: APPEALS: SECTION 12-3-4: DETERMINATION OF SIMILAR USE: SECTION 12-3-5: DECLARATION OF SITE ALLOCATION: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain, but looking'at the sheer volume of errors, they must be changed to keep a professional looking Code. Zone districts must be referred to as such to alleviate any confusion among applicants. RECOMMENDED AMENDMENTS 12-3-3: APPEALS: A. Administrative Actions: Any decision, determination or interpretation by any T#own Aadministrative Oefhcial with respect to the provisions of this Ttit/e and the standards and procedures hereinafter set forth shall become ftna/ at the next Planning and Environmental Commission ssn~issie~a-meeting (or in the case of design related decision, the ,next Design Review Board meeting) following the Aadministrator's decision, unless the decision is called up and modified by the Bboard or Coommission. B. Appeal Of Administrative Actions: 24 7. Authority: The Planning and Environmental Commission shall have fhe authority to hear and decide appeals from any decision, determination or interpretation by any Ttown administrative official with respect fo the provisions of this Ttitle and. the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any Ttown administrative official with regard to a design guideline shall be heard by the Design Review Board 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any Administrator with respect to this Ttitle. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Aadministrator shall determine the standing of an appellant. If the appellant objects to the Aadministrators determination of standing, the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) shall, at a meeting prior fo hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Planning and Environmental Commission ~Sk~ing-aRd (or the Design Review Board design in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the Aadministrator or with the Ddepartment of Community Development rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a T#~own observed holiday, the last day for filing an appeal shall be extended to the next business day. The Aadministrator's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, .the next Design Review Board meeting) following the Aadministrator's decision, unless the decision is called up and modified by the Bboard or Csommission. Such notice shall be accompanied by the name and addresses (person's mailing arid property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Ttown. The filing of such notice of appeal will require the administrative 25 official whose decision is appealed, to forward to the Planning and Environmental Commission semmissien-(or the Design Review Board in the case of design guidelines) at the nexf regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning and Environmental Commission esm~tissier~-(or the Design Review Board in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The Planning and Environmental Commission planning-arid ,~.k ~rnnm aemmissien (or the Design Review Board in the case of Ddesign Gguidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an Administrator . 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator rendering such decision, .determination or interpretation certifies in writing to the Planning and Environmental Commission ' (or the Design Review Board in the case of Ddesign GQuidelines) 'and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Coommsssion (or Bboard) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Planning and Environmental Commission (or the Design Review Board '~n°'^^ rn„rn,., ~^^-~ in the case of Ddesign Gguidelines). 5. Findings: The Planning and Environmental Commission ' (or the Design Review Board in the case of Ddesign Gguidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by fhe requirements of this Ttitle have or have not been met. 6. Fee: The Ttown Csouncil may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community 26 Development .The fee shall be paid at the time the appeal is filed. C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 7. Authority: The Toown Coouncil shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission p or the Design Review Board desi~ re+~iev~--beams-with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest maybe .shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Aadministrator shall determine the standing of an appellant. If the appellant objects to the Aadministrator's determination of standing, the Town Council teww-sa~sil shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town .Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council tsww-se~rflsil-may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Town Coouncil members present. 3. Procedures: A written notice of appeal must be filed with the Aadministrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board'sn rn~tiar-~eaFa-'s decision becoming final. If the last day for ding an appeal falls on a Saturday, Sunday, or a Toown observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by fhe Toown. The ding of such notice of appeal will require the .Planning and Environmental Commission plate or the Design Review Board to forward to the Town Councilt~p 27 se~sil at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be .scheduled to be heard before the Town Council#~~-se~sil on the appeal within forty (40) calendar days of the appeal being filed. The Town Council 'may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights .under this Cshapter to appeal any interpretation or determination made by the Planning and Environmental Commission sen~issie+~-or the Design Review Board . 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator rendering such decision, determination or interpretation certifres in writing to the Town Council 'and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council#~a~-~sr~sil shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council#~~~r-ser~sil. 5. Findings: The Town Counci/~ewfl-seemsi! shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of ,fact must support conclusions that the standards .and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The Town Counciltsw~se~sil may set a reasonable fee for fling an appeal to a Planning and Environmental Commission or Design Review Board decision. The fee will .be adopted in a fee schedule which shall be maintained in the Department of Community Development ~e~-ef . The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an administrative interpretation of the Ssign Rregulations shall be .the same as that of appeals of an. administrative action as set forth in Ssubsection 8 of this Ssection. E. Appeal Of Town Council Decisions: Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Counciltew~ cil with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner arovided by the laws of the state. 28 F. Conduct Of Hearing: The Town CouncillewRa-se~tsil shall i have the authority to set standards, by administrative rule, on appellate hearing procedures including, but not limited to, Mime allowance for the presentation of evidence and the time allowance for oral arguments. 12-3-4: DETERMINATION OF SIMILAR USE: 8. Review Use Characteristics: The Aadministrator, upon request of the Ttown Csouncil, or written request of any person for a determination under this Ssection, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the council advising in what respects the proposed use would be, in fact, similar to specified permitted uses in the same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts. After receipt of the report, the Csouncil may determine the proposed use to be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same zone district. The Csouncil shall state the basis -for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same zone district: 12-3-5: DECLARATION OF SITE ALLOCATION: D. ~ Lots To Meet Standards: No site declared under this Ssection shall be ,recognized as a usable. site pursuant to the provisions of Phis Ttitle if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the zone district in which it is located. The declaration of site allocation procedure shall not be substituted for the procedures prescribed in Ttitle 13 of this Csode if the site constitutes a portion of a parcel which can be further subdivided or otherwise is subject to the provisions of Ttitle 13 of this Csode. SECTION 12-3-6: HEARINGS: SECTION 12-3-7: AMENDMENT: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain to no serious harm, but looking at the sheer volume of errors throughout the Code, they must be changed to keep the Code professional looking. Zone districts must be referred to as such to alleviate any confusion among applicants. [+3+~~L~ 29 The language is very broad in 12-3-6C and therefore could be interpreted incorrectly. "Amendment, change or application" does not apply correctly to the listing a-e. For example, under the current language, an amendment to the variance Sections of the Code would confuse staff,as to whether a notice should be mailed, and to whom. OPTIONS There is no intention to change the circumstances for notification, but if this Subsection is not changed, it will remain erroneous. This proposed text amendment clarifies situations requiring notification by mail to those in adjacent properties. We needed.to clarify the intentions of the notice requirements, which is to alert adjacent property owners of major changes to properties. This way, there is a clear understanding of the exact circumstances when a notice is to be sent. RECOMMENDED AMENDMENTS 12-3-6: HEAR/NG,S: A. Conduct: When required by statute or by this title, hearings before the Planning and Environmental ,Commission p/a~iag and the Town Council se~sil shall be conducted in accordance with the provisions of this Cshapter. B. Setting Date: Upon the filing of an application, petition or appeal, the disposition of which requires a hearing .before either the Planning and Environmental Commission or the Town Council fawn-ser~nsil or~ both, pursuant to this title, a date for the hearing shall be set which shall be not more than thirty (30) days from the date of filing of the application or receipt of the document. C. Notice: 1. Not less than. fifteen (15) days prior to the date set for the hearing before the Planning and Environmental Commission ,the Aadministrator shall cause a copy, of the notice to be published once in a newspaper of general circulation in the Ttown. 2. In addition to the published notice, the administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to fhe managing agent, registered agent or any member of the board of directors thereof, for a. application to change zone s#ar~ge~-in ~sriir^9 district boundaries; b., application for a conditional uses permit; c. application for a variance; d. application relating to development plans for special development districts; or e. application to changes-in-the density control Ssections i~a-aa~y of a ##e zone districts. 30 D. Evidence: 1. The Planning and Environmental Commission pfd shall base its determinations upon statements contained in the application or petition, upon reports from the Tfown staff or consultants, if any, and upon evidence presented to the Csommission at the hearing. 2. The Town Council#~~v~-sac+asil shall base its determinations upon statements contained in the application or petition, upon reports from the Tfown staff or consultants, if any, upon evidence submitted to Planning and Environmental Commission and the recommendations or findings of the Csommission, and upon evidence presented to the Coouncil at the hearing. 3: Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions fo the record, contentions, and arguments with respect to the issues entailed, provided that the' Planning and Environmental Commission ~-Iar;ning and ~^~~Reafa,' s~ and the Town Counci/fawn-se~asil may limit the taking of evidence to evidence not. previously submitted and made a matter of record. 12-3-7: AMENDMENT.' A. Prescription: The regulations prescribed in this Tfitle and the boundaries of the zone districts shown on the Oefficial Zzoning M+~ap may be amended, or repealed by the Tfown Coouncil in accordance with the procedures prescribed in this Cshapter. 8. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council fe-aFn--seaRSi! on its own motion, by the Planning and Environmental Commission semmissiea on its own motion, by petition of any resident or property owner in the Tfown, or by the Aadministrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Aadministrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating .the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names. of all owners, their mailing and street addresses, and the .legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the Aadministrator. C. Criteria And Findings: 31 1. Zone District, Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission s~e~issiea and Town Counci/tsw~-~e~si/ shall consider the following factors with respect to the requested zone district boundary amendment: b. Necessary Findings: Before recommending and/or granting an i approval of an application for a zone district boundary amendment, the Planning and Environmental Commission and the Town Council#~a~a-ss~si! shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Toown; and 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on. an application for an amendment to the regulations prescribed in this Ttitle, the Planning and Environmental Commission and Town Counci 'shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the Zzoning 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 objectives of the Town; and (5) Such other factors and criteria the Planning and Environmental Csommission and/or Csouncil deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a Text amendment the Planning and Environmental Commission s~smaai~s~ien and the Town Council 'shall make the following findings with respect to the requested amendment: D. Fee: The Town Council shall seta fee schedule for petitions for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of Ttown staff time and other expenses incidental to the review of the petition. E. Hearing: Upon filing of a petition for amendment or upon initiation of an amendment by the Town Councilte~aw-set~sil, Planning and Environmental Commissionpla~iag--~ar~d ' , or Aadministrator, the Aadministrator shall set a date for hearing in accordance with the provisions of Ssubsections 12-3-6C and D of this Cshapter. F. Planning And Environmental Commission 32 Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commissionplaa~g and--eFw~irorn^Tex~~' s~a~is&ien shall act on the petition or proposal. The Csommission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Ttitle, or may recommend denial of the petition or rejection of the proposal. The Csommission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Counci G. Hearing By Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission ,the Toown Csouncil shall set a date for hearing in accordance with Ssubsection 12-3-6B of this Cshapter. H. Action By Town Council: Within twenty (20) ,days of the closing of a public hearing on a proposed amendment, the Town Counciltew~-ss~sil shall act on the petition or proposal. The Town Counci 'shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission .The Town Council 'may cause an ordinance to be introduced to amend the regulations of this Ttitle or to change zone district boundaries, either in accordance with the recommendation of the Pplanning-and Eenvironmental Coommsssion or in modified form, or the Csouncil may deny the petition. If the. Csouncil elects to proceed with an ordinance amending the regulations or changing zone district boundaries, 'or both, the ordinance shall be .considered as prescribed by the charter of the Ttown. CHAPTER 12-4: DISTRICTS ESTABLISHED: SECTION 12-4-1: DESIGNATED SECTION 12-4-2:PERMITTED USES ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-4-1: DESIGNATED: The following zone 'gig districts are established: Hillside Residential (HR) District Single-F#amily Residential (SFR) District 33 i~ Two- F#amily Residential (R) District ~ Two- F#amily Primary/Secondary Residential (PS) District Residential Cluster (RC) District cluster {~-dist~ist Low Density Multiple-Family (LDMF) District ' le- y ~~ Medium Density Multiple-Family (MDMF) District y {l~9'6st High Density Multiple-Family (HDMF) District y /(-IIlAAC1 i-lic~frin} Housing (H)~listrist District Public Accommodation (PA) District ~trfst Commercial Core 1 (CC1) District safe Commercial ,Core 2 (CC2) District Commercial Core (CC3) Disfrict ' trist Commercial Service Center (CSC) District e~+s#-dst Arterial Business (ABD) District Heavy Service (HS) District 'st Lionshead Mixed Use 1 (LMU-1) District m~e~se~/. '- "~~ dis#~ist Lionshead Mixed Use 2 (LMU-2) District wed-mss°~ A!-,o,o-i; dis#~ist Agricultural And Open Space (A) District and-~epen,slsase-f,4) dis#ist Outdoor Recreation(OR) District Natural Area Preservation (NAP) Disfrict area-pr~~ser~at~ea Ski Base/Recreation (SBR) District dot Ski Base/Recreation 2 (SBR2) District ~^~°/r~nr°.,~;,,r, ~ ~I21~7 P~..+ Special Development (SDD) Districf Parking (P) Disfrict-dis#-rist General use Use (GU) District s9strtist 12-4-2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional. use or accessory use. 34 CHAPTER 12-5: ZONING'MAP: SECTION 12-5-2: FILING: SECTION 12-5-3: CHANGES: SECTION 12-5-5: INTERPRETATION OF BOUNDARIES: SECTION 12-5-6: PROPERTY WITHOUT ZONE DESIGNATION: ISSUE Zone districts are improperly referenced as districts. The Zoning Map should also be referenced as the Official Zoning Map. OPTIONS The errors can remain with confusion among applicants remaining as well. The changes to these errors will alleviate any questions about the content of the Zoning Regulations. RECOMMENDED AMENDMENTS CHAPTER 12-5: OFFICIAL ZONING MAP 12-5-2: FILING: The Official Zoning Map shall be filed in the office of the Town Clerk and shall be identified by the signature of the Mayar, attested by the Town Clerk, and bear the Seal of the Town under the following words: This is to certify that this is the Official Zoning Map referred to in Section 12-5-1 of the Zoning Title, Town of Vail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning Title and the date of the most recent change in zone district boundaries shown thereon. 12-5-3: CHANGES: No change shall be made in the zone district boundaries or other ''. matter shown on the O~cia/ Zoning Map except by appropriate action of the Town Council in accord with Sections 12-3-1 through 12-3-7 of this Title. Any change adopted by the Town Council shall be enfered.on the Official Zoning Map promptly, together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the Town Clerk. The date of the most recent change shall at all times be indicated on any copies of the Official Zoning Map subsequently reproduced. 12-5-5: INTERPRETATION OF BOUNDARIES: F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by Ssubsections A through E of this Section, the Town Council shall interpret the zone district boundaries. 12-5-6: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION: 35 CHAPTER 12-6: RESIDENTIAL DISTRICTS: ARTICLE 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT: ARTICLE 12-6B: SINGLE-FAMILY RESIDENTIAL (SFR) DISTRICT: ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT.: ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT: ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT: ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT: ARTICLE 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT: ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced .and the specific zone districts are not capitalized. Land uses, such as "ski lifts and tows" should always be plural. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT 12-6A-1: PURPOSE: The Hillside ,Residential District is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Hillside Residential District di,s~t is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable low density high quality residential development of such sites by establishing appropriate site development standards. 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR Ddistrict: Single-family residential dwellings. Type V employee housing unit, one per lot, as set forth in Cshapter 13 of this Ttitle. 12-6A-3: COND/ TONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttit/e: Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle. Equestrian facilities located on live (5) acre minimum lot size area on property bordering public land. Funiculars, and other similar conveyances. 36 Home child daycare facilitiesy as further regulated by Ssection 12-14-12 of.this Ttitle. 12-6A-4: ACCESSORY USES: The following accessory uses shall be permitted in the HR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of ,this Ttitle. 12-6B: SINGLE-FAMILY RESIDENTIAL (SFR) .DISTRICT 12=68-1: PURPOSE: The Single-family Residential District slis#ist is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Single-family Residential District a't is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR Da'istrict.• 12-6B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12-14-12 of this Ttitle. Public buildings, grounds and facilities. Public and-sFprivate schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 1! employee housing unit as set forth in Cshapter 13 of this Ttitle. 12-6B-4: ACCESSORY USES: The following accessory uses shall be permitted in the SFR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions~of Ssection 12-14-12 of . this Ttitle. Private greenhouses, tool sheds, playhouses, garages or carports, 37 swimming pools, patios, or recreation facilities customarily incidental to single-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT 12-6C-1: PURPOSE: The Two-family Residential District ~t is intended to provide sites for low. density single-family or two- family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Two- family Residential District ~{is#-tist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6C-2: PERMITTED USES: The fallowing uses shall be permitted in the R Ddistrict: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing units as sef forth in Cshapter 13 of this Ttitle. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle: Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilifiesy as further regulated by Ssection 72-14-12 of this Ttitle. Public buildings, grounds and facilities. Public and-emsprivate schools. Public park and recreation. facilities. Public utility and public service uses. Ski lifts and tows. Type ll employee housing units as set forth in Cshapter 13 of this Ttitle. 12=6C-4: ACCESSORY USES: The following accessory uses shall be permitted in the R Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily 38 incidental to single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-1: PURPOSE: The Two-family Primary/Secondary Residential District #~aFe~- ' slis#~ist is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The Two-family Primary/Secondary Residential District di~ist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and' two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings., Two-family residential dwellings. Type 1 employee housing .units as provided in Cshapter 13 of this Ttitle. 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 Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Funiculars, and other similar conveyances. Home child daycare facilityies as further regulated by Ssection 12- 14-12 of this T#ifle. Public buildings, grounds. and facilities. Public and-eF-private schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows: Type ll employee housing units as set forth in Cshapter 73 of this Ttitle. 12-6D-4: ACCESSORY USES: The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Cshapter 14 of this Ttitle. 39 ARTICLE 12-6D-8: DENSITY CONTROL: ISSUE The rule requiring the secondary unit of a Primary/Secondary Residential development to be 40% of the allowable GRFA is not stated in the GRFA Section of the Two-Family Primary Secondary District Artcle 12-6D, but only in Section 12-15-2: GRFA Requirements By Zone District. OPTIONS The first option is to move the regulation to 12-6D-8B-2, but then it would be missing from 12-15-2. If no change is made, applicants will continue to submit applicants that are not in compliance with this rule, making the argument that it is hidden within the Code. The recommended option is to repeat the regulation in 12-6D-8B-2 in order to make the rule more accessible to applicants. 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. B. Gross Residential Floor Area: 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT: ARTICLE 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT: ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. Land uses have been listed in the singular tense, rather than the plural. OPTIONS The errors can remain, but looking at the sheer volume of en'ors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT 12-6E-1: PURPOSE: The Residential Cluster District r°°:a°^+'°' ^'..^f°r district is intended to provide sites for single-family, two-family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may 40 appropriately be located in the same zone district. The Residential Cluster District disftisf is intended to ensure adequate light, air, privacy, and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC Ddistrict: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapfer 16 of this Tfitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Tfitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilities~r as further regulated by Ssection 12-14-12 of this Tfitle. private clubs. Public buildings, grounds and facilities. Public and-er-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Tfitle. 12-6E-4: ACCESSORY USES: The following accessory uses shall be permitted in the. RC Dslistrict: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Ssection 12-14-12 of this Tfitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two-family or low density multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTR/CT.• 12-6F-1: PURPOSE.• The Low Density Multiple Family Districf #aa~iEy f is intended to provide sites for single-family, two-', 41 family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be /ocafed in the same zone district. The Low Density Multiple Family District dis#ist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF Ddistrict: Multiple-family residential dwellings, including attached or.row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF Ddistrict, subject to issuance of a conditional. use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs. Public buildings, grounds and facilities. Public and-emsprivate schools. Public park. and recreation facilities. Public utility and public service uses. Ski lifts and tows.' Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-6F-4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF Dslistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two.-family or low density . multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6G: MEDIUM DISTRICT.• DENSITY MULTIPLE-FAMILY (MDMF) 42 12-6G-1: PURPOSE: The Medium Density Multiple Family District me ' distr-ist is intended to provide sites for multiple- family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Medium Density Multiple Family District ~ks#ist is intended to ensure adequate .light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain .the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-2: PERMITTED USES: The following uses shall be permitted in the MDMF Ddistrict: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. . 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the-MDMF Ddistrict, subjec# to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds, and facilities. Public and-e~private:schoo/s. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type Ill employee housing unr'ts (EHU) as provided in Cshapter 73 of this Ttitle. 12-6G-4: ACCESSORY USES: The following accessory uses shall be permifted in the MDMF Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, aftached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permifted residential uses. Other uses customarily incidental and accessory to permitted or ~, 43 conditional uses, and necessary for the operation thereof. 72-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT.• 72-6H-1: PURPOSE: The High Density Multiple Family District y dis#ict is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The High Density Multiple Family District ~h ,~°^~.~., ^~~.-f,.,-e #agaily distr-ist is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualifies 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 summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ISSUE With the new definitions of land uses related to parking, the land use terms.in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization issues within this Chapter, such as with the word District and Title. Also, land use terms should be in the plural form, not the singular are they are found iri a few instances, such as "facility" not "facilities". There is a need to standardize a few of the land uses listed in the. permitted, conditional and accessory uses Sections of each Article. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood.. There are a few standardization of land use terms in this chapter, including the term "Religious Institutions" instead of "Churches" and "Health care facilities" instead of a listing of such at length. RECOMMENDED AMENDMENTS 44 12-6H: HOUSING (H) DISTRICT: 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF Ddistrict: 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 Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this T#~itle. des-Religious Institutions. . Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public and-emsprivate schools. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Ski lifts and tows. Timeshare estate units, fractional fee units and Timeshare license units. Type ll/ employee housing units (EHU) as provided iri Cshapter 13 of this Ttitle. 12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF t761istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also other capitalization errors. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix 45 this Chapter. (ADD ISSUE: ChANGE IN LAND USE NAMES) RECOMMENDED AMENDMENTS 12-61: HOUSING (H) DISTRICT.• 12-61-1: PURPOSE: The Housing District g dis#~iet is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development .standards prescribed for other residential zoning districts. If is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Ssection 12-1-2 of this Ttitle and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The Housing District #sr~si~ d+s~t is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: !, The following uses shall be permitted in the H D6tistrict: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in Cshapter 13 of this Ttitle. Passive outdoor recreation areas, and open space. 12-61-3: COND/ TIONAL USES: The following conditional uses shall be permitted in the H Ddistrict, subject to issuance of a conditional use. permit in accordance with the provisions of Cshapter 16 of this Ttitle: 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 maybe allowed subject to a conditional use permit: Banks and financial institutions. 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. 46 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, a~grounds and facilities. Public parks- and recreational facilities. Public utilities installations. including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by Cshapter 13 of this Ttitle. 12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection' 12-14-12 of this Ttitle. 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment,. the compatibility with the surrounding area and to assure that development in the Housing District he~rsing dis#~'st will meet the intent of the zone district, an approved development plan shall be required. ' B. Plan Process And procedures: The proposed development plan shall be in accordance with Ssecfion 12-61-12 of this Aarticle and shall be submitted by the developer to the Administrator ,who shall refer it to the Planning and Environmental. Commission ss-~issieR, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission ^~°,g-aid °^~~~rnnm°nf~l s~ea~issien shall be held in accordance with Ssection 12-3-6 01 this Ttitle. The Planning and Environmental Commission .may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the 47 Planning and Environmental Commission p~n~-ana- maybe appealed to the Town Council tee-seansil in accordance with Ssection 12-3-3 of this Tfitle. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District ~ ~iisfrisf. , E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Ssection 12-9A-10 of this Tfitle. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board ,beard in accordance with the applicable provisions of Cshapter ~11 of this Tfitle prior to.the commencement of site,preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the Aapplicant that the iriformation and materials required are not relevant to the proposed development or applicable to fhe planning documents that comprise the Vail Comprehensive Plan.^r,.,,nroL~en~n,o n-:,n. The Administrator " and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-61-13: DEVELOPMENT STANDARDS/CRITER/A FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmental limpact Rreport, if not .waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 48 CHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ARTICLE.12-7A: PUBLIC ACCOMMODATION (PA) DISTRICT ARTICLE 12-76: COMMERCIAL CORE.1 (CC1) DISTRICT ARTICLE 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT ARTICLE 1.2-7D: COMMERCIAL CORE 3 (CC3) DISTRICT ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT ARTICLE 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT ARTICLE 12-7G: HEAVY SERVICE (HS) DISTRICT ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT ARTICLE 12-71: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also numerous grammatical errors throughout this Chapter. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will. continue to confuse applicants with the various terms for parking facilities. These,changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization issues within this Chapter, such as with the word District and Title as well as grammar and spelling errors. Land uses, such as "Lodges" and "Public buildings, grounds and facilities", should be in the plural form. There are also some land use terms that need to be standardized, with numerous terms for one type of land use. OPTIONS There is a do nothing option which. will continue to foster a faulty Code. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include the changes made in Chapter 12-6 as well as standardization of "Drug stores," "gift shops," "Cocktail lounges and bars", and "Electronics sales and repair shops." 49 RECOMMENDED AMENDMENTS 12-7A: PUBLIC ACCOMMODATIONS DISTRICT 12-7A-1: PURPOSE: The Public Accommodation District ~ dist~rist public a~is#ist is intended to provide sites for lodges and residential accommodations for visitors, together with such public ,and semipublic facilities and limited professional offices, medical '~, facilities, private recreation, commercial/retail and related visitor 'oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The Public Accommodation District disttict is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and. to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the . PA Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts, as further regulated by Ssection 12-14-18 of this Ttitle. Religious institutions-fishes: Fractional fee club units as further regulated by Ssubsection 12- 16-7A8 of this Ttitle. Health care facilities. Lodges, including accessory eating, drinking, or refail 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 arcade , > .. ,Private clubs and civic, cultural and fraternal organizations. ~, Private parking structures. Private unstructured parking. ~'I Professional and business offices. Public buildings, grounds and facilities. 'Public parking structures. Public and er private schools. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. 50 Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type 111 employee housing units as provided in Cshapter 13 of this Ttitle. 12-7A-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA Dsiistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Meeting rooms. Minor arcades. . 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Af the discretion of the P~elanning and Eenvironmenta/ Csommission and/or the Ddesign Rfeview B,board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (Ssection 12-7A-12 of this Aartic/e) subject to the applicant demonstrating. compliance with the following criteria: B. Proposed building setbacks comply with applicable elements of the Vail Village Uerban Ddesign Gguide Pp/an and Ddesign Csonsiderations. 12-7A-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the P~Slanning and Eenvironmenta/ Csommission in accordance with Ssection 12-7A- 12 of this Aartic/e. Specifically, in determining allowable gross residential floor area the Pp/anning and Eenvironmenta/ Csommission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail V+~illage U~rrban ~ Ddesign Gguide Pplan and Ddesign Csonsiderations. Total density shall not exceed twenty flue (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. A dwelling unit in 'a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the 51 site area. Final determination of allowable site coverage shall be made by the Pplanning and Eenvironmental Csommission and/or the De~esign Rreview B+board in accordance with Ssection 12-7A- 12 of this Aarticle. Specifically, in determining allowable site coverage the Pplanning and Eenvironmental Csommission and/or the Ddesign Rreview Bboard shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail V+~illage U~+rban De-esign Gguide Pslan and Ddesign Csonsiderations. 12-7A-11: PARKING AND LOADING: j Off street parking and loading shall be .provided in accordance with Cshapter 10 of this Ttitle. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the Pplanning and Eenvironmental Csommission and/or the Ddesign Review Bboard. 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Review B~board in accordance with Cshapter 11 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more Phan one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by. the Aadministrator) shall be reviewed by the Pplanning and Eenvironmental Csommission as a major exterior alteration in accordance with this Cshapter and Ssection 12-3-6 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the D~lepartment of Csommunity Ddeve/opment for Pplanning and Eenvironmental Csommission and Ddesign Review B~board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's. declarations. i 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the 52 ~, reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pp/an. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptua/ Review: If requested by either the applicant or the Aadministrafor, submittals may proceed to a work session with the P~alanning and Eenvironmental Csommission, a conceptual review with the Ddesign Rreview B~board, or a work session with the Ttown Csouncil. 4. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission .shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the. application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 12-7A-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission and the Ddesign Rfeview B,board that the proposed exterior alteration or new development is in compliance with the purposes of the Ppublic Aaccommodation ~exre De-istrict, that the proposal is .consistent with applicable elements of the Vail V+~illage Mntaster Pp/an, the Vail Village Uarban Ddesign Gguide Pialan and the Vail Sstreetscape Master Pp/an, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Csomprehensive Pplan. 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Substantial oft site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development 53 projects which produce substantial off site impacts 12-78: COMMERCIAL CORE 1 (CC1) D/STR/CT.• 12-7B-1: PURPOSE.• The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The Zoning Dot regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building That is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 1. Retail shops 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~j~I~ar~asies. Florists. Gift shopsste~es. Health food stores. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2. Personal services and repair shops, including the following: Ba~eps: . Beauty and barber shops. 54 Commercial ski storage. . Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 3. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products.specificallyfnr sale on the premises. Cocktail lounges and bars. Coffee shop.' Fountains and sandwich shops. Restaurants, 4. Professional offices, business offices and studios. 5. Banks and financial institutions. 6. Additional uses determined to be similar to permitted uses described in Ssubsection B 1 through B5 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. 7. Lodges. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of~this Title: Electronics sales and repair shops: Household appliance stores. Liquor stores. Luggage stores. Major arcades. Meeting rooms. Multiple-family dwellings~rsi~. Outdoor patios. Theaters. 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade 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. Drugstore Florists. Gift shops. 55 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. Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Additional uses determined to be similar to permitted uses described in Ssubsection B 1 and B2 of this Section, in accordance with the provisions of Section 12-3-4 of this True so long as they do not encourage vehicular traffic. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a strucfure, subject to issuance of a conditional use.permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Beauty and barber shops. Electronics sales and repair shops.. Household appliance stores. '~, Liquor stores. 'Outdoor patios. 12-78-4: PERMITTED AND' CONDITIONAL USES; SECOND FLOOR: A. Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 16 of this Title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof.• 1. Multiple-family residential dwelling. 2. Lodges. 3. Professional offices, business offices and studios. 4. Banks and financial institutions. 5. Personal services and repair shops, including the following: 56 Bar-befsl~sps. Beauty and barbershops. Business and office services. Tailors and dressmakers. Travel and ticket agencies. 6. 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. Drugstoresar~3asies. Florists. Gift shopss#eFes. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. 'Photographic studios. Sporting goods stores. ..Toy stores. Variety stores. Yardage and dry goods stores. 7. 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. Fountains and sandwich shops. Restaurants. 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 kennel. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 57 72-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND. FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. 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 76 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: 7. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. .Chinaware and glassware stores. Delicatessens and specialty food stores. . Drugstores.. Electronics sales and repair shops. Florists. Gift shops., Hobby stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Sporting good stores. Stationery stores. Toy stores. 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. Fountains and sandwich shops. Restaurants. 3. Professional offices, business offices and studios. 4. Banks and financial institutions. 5. Personal services and repair shops, including the following: Ba+~e~sl3ep&: . Beauty and barber shops. 58 Business and office services. Small appliance repair shops. Tailors and dressmakers. _ Travel and ticket agencies. 6. Theaters. 7. Additional uses determined to be similar to permitted uses described in Ssubsections B 1 through B5 of this Ssection in accordance with the provisions of Ssection 12-3-4 of this Ttitle, so long as they do not encourage vehicular traffic. 8. Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-7B-6: CONDITIONAL USES; GENERALLY.• The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an ', existing outdoor dining deck shall be subject fo review by the ~~, Pplanning and Eenvironmenta/ Csommission (PEC) as follows: 1. Application: An application shall be made by.the owner of the building or the, building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pp/an. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 59 3. Application Date And Procedures: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Ssubsection A2 of this Ssection; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Pplanning and Eenvironmental Csommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Csommission .meeting following the submittal dates listed above, the Aadministrator shall inform the Pplanning and Eenvironmental Csommission of all exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Csommission meeting. b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred .(900) square feet, applications to alter the exterior rooflines of an existing building, applications for new outdoor dining decks and applications for modifications to existing dining decks maybe submitted on a designated submittal date for any regularly scheduled Pplanning and Eenvironmental Csommission meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this Ssection. All enclosed floor area for an expansion or deletion pursuant to this Ssubsection A3b shall be physically and structurally part of an existing or new building and shall not be a freestanding structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Csommission. at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Aadministrator, submittals shall proceed to a work session with the Pplanning and Eenvironmental Csommission. The Aadministrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental Csommission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Ssubsection 12-3-6C of this Ttitle. Following the work session, and the submittal of any additional material that may be required, the Aadministrator shall schedule a formal public hearing before .the Pplanning and Eenvironmental Csommission in accordance with Ssubsection 12- 3-6C of this Ttitle. 5. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the 60 application. The decision of the P~alanning and Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission that the proposed exterior alteration is in compliance with the purposes of the CC1 Ddistrict as specified in Ssection 12-78-1 of 'this Aarticle; that the proposal is consistent with applicable elements of the Vail Village Ma3aster Pplan, the Ttown of Vail Sstreetscape Master Phalan, and the Vail Csomprehensive Pp/an; and that the proposal does not otherwise negatively. alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail V+~illage Uarban Ddesign Gguide Pplan and the, Vail Vvillage Ddesign Csonsiderations, to include, but not be limited to, the following urban design' considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the' proposal substantially complies with all other elements of the Vail Coomprehensive Pp/an. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this Cshapter shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by fhe Pplanning and Eenvironmental Csommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC1 Ddistrict shall be reviewed by the De-esign Rreview Bboard in accordance with Cshapter 11 of this Title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Ddesign Review B,board that the proposed building modification is in compliance with the purposes of the CC1 Ddistrict as specified in Ssection 12-7B-1 of this Aarticle; that the proposal substantially complies with the Vail Village De~esign Csonsiderations, and that the proposal does not otherwise alter the character of the neighborhood: 12-7B-8: CONDITIONAL USES; FACTORS APPLICABLE.• In considering, in accordance with Cshapter' 16 of this Ttitle, an application for a conditional use permit within Csommercial Clore 1 Ddistricf, the following development factors shall be applicable: A. Effects of vehicular traffic on Csommercial Clore 1 D6listrict. B. Reduction of vehicular traffic in Csommercial Clore 7 Ddistrict. F. Continuance of the various commercial, residential, and public uses in Csommercial Clore 1 Ddistrict so as to maintain the 61 existing character of the area. G. Control quality of construction,. architectural design, anc landscape design in Commmercial Clore 1 De~istrict so as tc maintain the existing character of the area. H. Effects of noise, odor, dust, .smoke, and other factors on the environment of Coommercial Clore 1 De-istrict. 12-7B-9: ACCESSORY USES: The following accessory uses shall be permitted in the CC1 Ddistrict: 12-76-11: SETBACKS: There shall be no required setbacks, except as may be established pursuant to the Vail Village Ddesign Gguide Pplan and D~lesign Csonsiderations. 12-7B-12: HE/GHT.• Height shall be as regulated in the Vail 1/~illage Urban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-76-13: DENS/TY•CONTROL: Unless otherwise provided in the Vail V+~illage Urban Ddesign Gguide P~elan, not more than eighty (80) ,square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed fwenty flue (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for. purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the Total floor area of the dwelling. 12-7B-14: RECONSTRUCTION OF .EXISTING USES; GENERALLY.• If any building or structure located within Commercial Core 1 Ddistrict on Jurie 1, 1978, is subsequently destroyed by fire or other casualty to the degree provided in Ssection 12-18-9 of this Ttitle, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage, and height in accordance with the procedures outlined in Ssection 12-18-9 of this Tlit/e, so long as Fhe appearance of the building or structure is the same or substantially the same as existed prior to its destruction. 12-78-15: SITE COVERAGE: Site coverage shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail Village Urban Ddesign Gguide P~alan and Ddesign Csonsiderations. In Commercial Core District 1 e4s#ist, ground level patios and decks shall be included in site coverage calculations. 62 12-76-16: LANDSCAPING AND SITE DEVELOPMENT.• ~, No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Vail Village Ddesign Csonsiderations as adopted in Ssection 12-76- 20 of this Aarticle. 12-76-17:.PARK/NG AND LOADING: Off street parking and loading shall be provided in accordance with Cshapter 10 of this title; provided, that no parking shall be provided on site. All parking. requirements shall be met in accordance with the provisions of Cshapter 10 of this Title. Loading requirements shall continue to be. applicable to properties within Commercial Core 1 District ; previsied; provided that no loading areas shall be located in any required front setback area. 12-78-19: RECONSTRUCTION OF EXISTING . USES; COMPLIANCE REQUIRED: Any building or structure /ocated within Commercial Core 1 Districf disttist may be reconstructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in Ssection 12-18-9 of this Tlitle. The building, however, shall substantially comply with the applicable provisions of the Vail Village U~+rban Ddesign GQuide Pplan and Ddesign Csonsiderations. 12-7B-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN: A. Adoption: The Vail Village Urban Ddesign GQuide P~elan and D~iesign Csonsiderations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CC1) and to guide the future alteration, change and improvement in the CC1 Ddistrict. Copies of the Vail Village Ddesign Gguide Pp1an and D~iesign_ Csonsiderations shall be on frle in the Dstepartment of Csommunity Ddevelopment. B. Revisions: Revisions to the Vail Village U~+rban Ddesign GQuide Pp/an and Ddesign Csonsiderations shall be reviewed by the Pplanning and Esnvironmental Csommission with official action . to be taken by the Ttown Csouncil by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT.• 12-7C-1: PURPOSE: The Commercial Core 2 District dist~is~ is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District dis#ist in accordance with the Vail 1/~illage U~rrban Ddesign 63 Gguide P,clan and Ddesign Csonsiderations, as adopted in Ssection 12-7C-15 of this Aarticle is .intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. 12-7C-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Core 2 .District dis#xist or enlargement of any existing Commercial Core 2 District dot by chahge of zone district boundaries, the Ttown Csouncil shall by resolution adopt a general development plan for the proposed zone district. The general development plan maybe prepared by an applicant for the establishment of such zone district or may be prepared by the T~town. The development plan shall be submitted to the Pplanning and Eenvironmental Csommission for review, and the Pplanning and Eenvironmental Csommission shall submit its findings and recommendations on the plan to the Ttown Csouncil: 8. Development Plan Content: The Aadministrator shall establish .the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the De~epartment of Csommunity D~levelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator -and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the, proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within fhe zone district. All plans subsequently approved by the De~esign Reeview Bboard in accordance with Cshapter 11 of this Ttit/e, shall substantially conform to # the development plan adopted by the Ttown Csouncil. 12-7C-3: PERMITTED AND CONDITIONAL USES: In .the CC2 District stis#ist, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District slis#ic~ as prescribed by Ssections 12-7B-2 through 12-78-5 of this Cshapter. Retail stores and establishments shall not occupy more !han eight thousand (8, 000) square feet of floor area. 64 12-7C-4: CONDITIONAL USES; GENERALLY: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the. provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by S,section 12-1418 of this Ttit/e. Brew pubs. Commercial storage. Laudromats. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Theaters, meeting rooms and convention facilities. 12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alteration Qf an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Eenvironmental Csommission (PEC) as follows: 1. Application: An application shall be made by the owner of the .building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents:. The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by .the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specit"ications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Ssubsection A2 of this Ssection; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the 65 P~alanning and Eenvironmental Csommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the bianriual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Csommission meeting following the submittal dates listed above, the Aadministrator shall inform the Pplanning and Eenvironmental Csommission of all exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial P~alanning and Eenvironmental Csommission meeting. c. A single property owner may submit an exterior alteration ~, proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Csommission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Aadministrator, all submittals shall proceed to a work session with the Pplanning and Eenvironmental Csommission. The Aadministrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental Csommission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Ssubsection 12-3-6C of this Ttitle. Following the work session, and the submittal of any additional material that may be required, the Aadministrator shall schedule a formal public hearing before the P~elanning and Eenvironmental Csommission in accordance with Ssubsection 12- 3-60 of this Ttitle. 5. Hearing: The public hearing before the Pllanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modii!cations, or deny the application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 6. Compliance With Applicable Comprehensive Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission that the proposed exterior alteration is in compliance with the purposes of the CC2 Dslistrict as specified in Ssection 12-7C-1 of this Aartic/e, that the proposal is consistent with applicable elements of the Vail V+~illage U~rrban Ddesign G~ruide Pp/an and the Vail V+~illage Ddesign Csonsiderations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Vail Csomprehensive Pp/an. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this Aarticle shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Csommission unless, prior fo the expiration, a building permit is issued and construction is commenced and diligently pursued to 66 completion. 9. Design Review Board Review: Any modification or .change to the exterior facade of a building or to a site within the CC2 D6listrict shall be reviewed by the Ddesign Rreveew Bboard in accordance with Cshapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Ddesign Rreview Bboard that the proposed building modification is in compliance with the purposes of the CC2 Ddistrict as specified in Ssection 12-7C-1 of this Aarticle; that the proposal substantially complies with the Vail Village Dslesign Csonsiderations or that the proposal does not otherwise alter the character of the neighborhood. 12-7C-6: ACCESSORY USES: The following accessory uses shall be permitted in the CC2 Dslistrict: 12-7C-8: SETBACKS: In the CC2 D6listrict the minimum front setback shall be ten feet (10'); the minimum side setback shall be ten feet (10); and the minimum rear setback shall be ten feet (10) unless otherwise specified in the Vail V~uillage U~-rban Dslesign Gguide Pplan and D6lesign Csonsiderations. 12-7C-9: HEIGHT.• For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet.(48'). These restrictions pertain unless otherwise specified by the Vail V+~illage U~rrban De-esign Gguide Pplan and U~rrban Ddesign Csonsiderations. 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail 1/~illage Uarban Ddesign GQuide Pplan, not more than ,eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7C-11: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise speci .fled in the Vail 1/~illage Uarban Ddesign Gguide Pp/an and De-esign Csonsiderations. 12-7C-12: LANDSCAPING AND S1TE DEVELOPMENT.• At least twenty percent (20%) of the total site area shall be 67 landscaped unless otherwise specified in the Vai! Vvillage Durban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7C-15: VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS: A. Adoption: The Vail V+~illage Urban Ddesign GQuide Pplan and De-esign Csonsiderations are adopted for the purpose of maintaining and preserving the character and vitality of Vail village (CC2) and to guide the future alterations, change and improvement in the CC2 Ddistrict. Copies of the Vail V+~illage U+~rban Ddesign GQuide Pplan and Ddesign Csonsiderations shall be on file in the Ddepartment of Csommunity Ddevelopment. B. Revisions: Revisions to the Vail V+~illage Durban Ddesign GQuide Pplan and De-esign Csonsiderations shall be reviewed by the Pplanning and Eenvironmental Csommission with official action to be taken by the Ttown Csouncil by resolution on a semiannual basis to ensure .that the plan reflects the purposes and intent'for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT 12-7D-1: PERMITTED USES: The following uses shall be permitted in the Commercial Core 3 District dot: Banks and financial institutions. Eating and drinking establishments, including-the following: Cocktail lounges, to ems and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Ba~E~shep~ B Beauty and barber shops. Business and officeF services. Cleaning and laundry pick-up agencies without bulk cleaning or dyeing. Laudromats. 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. 4uto parts stores. 68 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 shopssteres. 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 Ssection. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the Commercial Core 3 District d+straa~, subjecf to issuance of a conditional use permit in accord with the provisions of Cshapter 16 of this Tfitle: Any use permitted by Ssection 12-7D-1 of this Aartic/e which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttit/e. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. .Dog kennel. 69 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.' Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-7D-3: ACCESSORY USES: The following accessory uses shall be permitted in the Commercial Core 3 District distxist: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-1412 of this Ttitle. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7D-5: SETBACKS: In the Commerbial Core 3 District distr~iet, the setback shall be twenty feet (20) on all exterior boundaries of the zone district. 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT 12-7E-1: PURPOSE: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the zone district Dis#iGt. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 12-7E-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN. A. Review Required: Prior . to the establishment of any Commercial Service Center District dis#ist or enlargement of zone district boundaries, the T#own Csouncil shall by resolution adopt a general development plan for the proposed zone district. The development plan may be 70 prepared by an applicant for the establishment of the zone district or may be prepared by the Ttown. The development plan shall be. submitted to the P~alanning and Eenvironmental Ceommission for review, and the Pplanning and Eenvironmental Csommission shall submit its findings and recommendations on the plan.to the Ttown Csouncil. B. Plan Content: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by fhe Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modifred by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rfeview Bboard in accordance with Cshapter 11 of this Ttitle shall substantially conform to with the development plan adopted by the Ttown Csouncil. 12-7E-3: PERMITTED USES: ~ . The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens. with food service. Cocktail lounges, ~^-~er;Q; and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops,. including the following: der-~4eps. Beauty and barber shops. Business and office services. . Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laudromats. 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. 71 Art supply stores and galleries. Bakeries and confectioneries, including preparation of producfs 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. Drugstor . E/ecfronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shopss#eres. 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 Ssection 12-7E-2 of this Aarticle. 12-7E=4: CONDITIONAL USES: The following conditional uses shall be .permitted in the CSC Ddistrict, subject to issuance of a conditional use permit in ,accordance with the provisions of Cshapter l6 of this Ttitle: Any use permitted by Ssection 12-7E-3 of this Aartic/e, which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Doq kennels. 72 ~. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in Ssection. 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC Dslistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7E-7: SETBACKS: In the. CSC Ds{istrict, the minimum front setback shall be t~ feet (20), the minimum side setback shall be twenty feet (20'), the minimum rear setback shall be twenty feet (20'). 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT 12-7F-1: PURPOSE: The Arterial Business District dis#ict is intended to provide sites for office space, public. utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the Ttown and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The Arterial Business District dot is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. 12-7F-2: GENERAL CIRCULATION AND ACCESS PLAN: A. Plan Required: Prior to any Ddesign Rreview B,~oard approval for a building in the Aarterial Bl~usiness Ddistrict or enlargement of an existing Aarterial Bbusiness Ddistrict by change of zone district boundaries the Pplanning and Eenvironmenfal Csommission shall adopt a ,general circulation and access plan for the proposed zone district. B. Plan Content: The Aadministrator shall establish the submittal requirements for a general circulation and access plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and fried in the D~lepartment of Csommunity De-evelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the 73 proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other '~ materials if deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The general circulation and access plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rreview B,~oard in accordance with Cshapter 11 of this Ttitle shall substantially conform to the plan adopted by the P~elanning and Eenvironmental Csommission. D. Amendments To Plan: The general circulation and access plan can be amended by the Pp/anning and Eenvironmental Csommission at a public hearing. E. Prior Approval Required: Before a building permit is issued on any building, design guidelines for streets and parking lot lights, pavement treatment and benches, must be submitted and approved by the Ddepartment of Csommunity Ddevelopment. 12-7F-3: PERMITTED USES: The following uses shall be permitted in the Arterial Business District distr-iet: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail loungesr-~s and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of offrce uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offrces, business offices and studios; xae4e-and 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. Florist. Newsstand. Stationery stores. Tobacco stores. 74 Additional o~ces, businesses or services determined to be similari to permitted uses in accordance with the provisions of Ssection 12-7F-1 of this Aartic/e. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the Aarteria/ B,business Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttit/e: Any use permitted by Ssection 12-7F-3 of this Aartic/e, which is' not conducted entirely within a building. Bed and breakfasts as further provided by Ssection 12-14-18 of ~i this Ttit/e. Brew pubs. ~!, Child daycare centers. ~~ Microbreweryies. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Tlitle. B. Subject To Review: The following uses shall be permitted on the first (street) level floor within a structure subject to the issuance of a conditional use permit and are listed as such due to their potential individual and cumulative impacts of generating traffic in the Aarteria/ B,business Ddistrict and will receive. review under the provisions of Cshapter 16 of this Ttit/e with specific emphasis on the criteria of traffic generation: Apparel stores. Automotive service stations. Bakeries and confectioneries. Banks and financial institutions. Brew pubs. . Business and office services. Camera stores and photographic studios. . Child daycare center. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Convenience food stores, restricted to a maximum of eight thousand (8,000) square feet and.no more than thirty three ~ ~I percent (33%) of the gross building area of the entire structure. ' Furniture stores. Hardware stores. Health clubs. Health food stores. 75 Hobby stores. Household appliance stores. Liquor stores. Music and record stores. Nursery and garden supply. Outside car wash. Pet shops. ~e~ise•-statie+~s. Small appliance repair shops, excluding furniture repair Theater. Yardage and dry good stores. 12-7F-5: ACCESSORY USES: The following accessory uses .shall be permitted in the Aarterial Bbusiness De-istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Minor arcades. 12-7F-7: SETBACKS: In the Aarferial Bbusiness Ddistrict, setbacks shall be as follows: 12-7G: HEAVY SERVICE (HS) DISTR/CT.• 12-7G-1: PURPOSE.• The Heavy Service. District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and .potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a .conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the zone district ~is#ist in order to protect adjoining uses from adverse influences. 12-7G-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: 'Animal hospitals end. dog kennels,-dreg-lc~el. Automotive service stations. Building materials super stores. . Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. 76 Repair garages. Repair shops. Seasonal plant product business. Ski lifts and tows, and accessory dwelling units for service personnel. Tire sales and services, including retreading and recapping. . Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinef shops. 'Accessory uses customarily incidental and accessory to the conditional uses set out in this Section and necessary for the operation (hereof. Additional commercial services determined to be similar to the conditional uses sef out in this Section in accordance with the provisions of Section 12-3-4 of this Title: 12-7H: L/ONSHEAD MIXED USE 1 (LMU-1) D/STRICT.~ 12-7H-1: PURPOSE: The Lionshead Mixed Use 7 District is intended to provide sites for a mixture ofmultiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district ~is#-rict by establishing appropriate site development standards. .This zone district ~Bistrist is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-7H-2: PERMITTED AND CONDITIONAL. USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as That floor of a building that is entirely or substantially below grade. 8. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier services., Travel and ticket agencies. 77 Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "streef level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, and skier services, Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with fhe provisions of Ssection 12-3-4 of this Ttitle. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of Phis Ttitle: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units: . Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in Cshapter 13 of this Ttitle). Additional uses determined to be similar fo conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND. ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in Cshapter 13 of this Ttitle): Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 78' C. .Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. ' Eating and drinking establishments. ~i Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offrces, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier services, Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OFA BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in .accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Commercial storage. Laudromats. Private outdoor recreation facilities, as a primary use. Private parking structures. Private unstructured parking. Public buildings, grounds, and facilities. Public park and recreation facilities. Public parking structures. ' Public unstructured parking. Public utility and public service uses.. ' 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 Ssection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-6: ACCESSORY USES: 79 The following accessory uses shall be permitted in the Lionshead Mmixed U~rse 1 Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. !Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and patios. ~7//th ~~~icca e~nfiny Mnrl rlrinL:n~ v°v+r.hli~hmen~e 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in Ssubsection B of this Ssection shall be reviewed by the Ddesign Rreview B,board in accordance with Cshapter 11 _of this Ttitle. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with Ssection 12-11-4 of this Ttitle. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrator) shall be reviewed by the. Pp/anning and Eenvironmenta/ Csommission as a major exterior alteration in accordance with this Cshapter and Ssection 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pp/anning and Eenvironmental Csommission in accordance with Cshapter 16 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the D~fepartment of Csommunity Ddeve/opment for Pplanning and Eenvironmenta/ Csommission and Ddesign Rreview Bboard review. 1. ~ Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator.. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent' requirements of the condominium association's declarations. !, b. Application; Contents: The Aadministrator shall establish the', submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be'~, maintained by the Aadministrator and filed in the Ddepartment of'i 80 Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Phalan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and -other materials if deemed necessary to properly evaluate the proposal. C. .Work Sessions/Conceptual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the Pplanning and Eenvironmental Csommission, a conceptual review with the design Rreview Bboard, or a work session with the Ttown Csouncil. D. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of ,this Ttitle. The P~alanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental, Csommission may be appealed to the Ttown Csouncil in'', accordance with Ssection 12-3-3 of this Ttitle. 12-7f-1-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before .the Pplanning and' Eenvironmental Csommission and the Dslesign Rfeview B,~oard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use mixed' use 1 District dis#~ist, that.. the proposal is consistent with applicable elements of the. Lionshead Rredevelopment Mmaster Pp/an and that the proposal does not otherwise have a significanti,, negative effect on the character of the neighborhood, and that the'I proposal substantially complies wifh other applicable elements of the Vail Csomprehensive Pplan. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Rredevelopment Mmaster Pp/an as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead Rredevelopment Mmaster Pplan. All development shall comply with the design guidelines and standards found in the Lionshead Rredevelopment Mmaster Pplan. Flexibility with the standard, as incorporated in the Lionshead Rredevelopment Mmaster P~alan, shall be afforded to redevelopment projects which meet the intent of ~ design guidelines, as reviewed and approved by the Ddesign Rreview Bboard. 81 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Rredevelopment Master Pplan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty percenf (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Rfedevelopment Mmaster Pplan. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating .direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements. shall be balanced with the goals of redevelopment and will be determined by the P~elanning and Eenvironmental Csommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape -improvements, stream tract/bank improvements, public art improvements,' and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopmenbdevelopment projects which produce substantial off site impacts. 12-71: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 12-~1-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture ofmultiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, .light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended fo ensure adequate light, air,. open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district Dis#~ist by establishing appropriate site development standards. This zone district t is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. 82 B. Permitted Uses: The following. uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier service , Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance -with the provisions of Section 12-3-4 of this Title. C. .Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: , Conference facilities and meeting rooms. Electronics sales and repair shops. Liquor stores. ' Lodges and accommodation units. Major arcades. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). .. Theaters. Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: ' A. Definition: The `first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. ~~ Recreation facilities. Retail stores and establishments. Skier ticketing, ski school; and skier services~ad-daysaFe. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Ssubsecfion, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 83 C. Conditional Uses: The following uses shall be permitted on the first floor or street Ieve1 floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial, institutions, other than banks. 'Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, Time-share units, .fractional fee clubs, lodge dwelling units, and employee housing units (type Ill (EHU) as provided in Cshapter 13 of this Ttitle). 'Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111(EHU) as provided in Cshapter 13 of this Ttitle). Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. B. Conditional Uses: The.following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Banks and financial institutions. Child daycare centers. Conference facilities and meeting.rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices,. business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier services-etiaysa~e. Theaters. Time-share units and fractional fee clubs. 'Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 84 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A 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 Cshapter 16 of this Ttitle: Automotive service stations. ',Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Commercial sforage. Laudromats. 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, sforage, and fueling. Warehouses. 12-71-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Loading and delivery and parking facilities customarily incidental' and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and ofher facilities customarily incidental '' and accessory to hotels, lodges, and multiple-family uses: Outdoor dining decks and patios. 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, .timeshare units, any projecf which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrator) shall be reviewed by the Pplanning and Esnvironmental Csommission as a major exterior alteration in' 85 accordance with this Cshapter and Ssection 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmental Csommission in accordance with Cshapter 16 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Csommunity Ddevelopment for P~Slanning and Eenvironmental Csommission and Ddesign Rreview B,board review. 8. Submittal Items Required: The following submittal items' are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application fort condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent, requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the' submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and tiled in the Ddepartment of C6ommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are. not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require -the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptua/ Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a', work session with the Pplanning and Eenvironmental ~~ Csommission, a conceptual review with the Ddesign Rreview Bboard, or a work session with the T#own Csouncil. D. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental ~ Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 12-71-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the P~Slanning and Eenvironmental Csommission and the Ddesign Rreview Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use mixed ~,se 2 District ~striCt, that the proposal is consistent with 86 applicable elements of the Lionshead Rredevelopment Mmaster P,elan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Csomprehensive P~Olan. 12-71-10: SETBACKS: The minimum building setbacks shall be fen feet (10') unless otherwise specified in the Lionshead Redevelopment Mmaster Phalan as a build to line. 12-71-11: HEIGHTAND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of ,82.5 feet, as further defined by the Lionshead Rredevelopment Mmasfer Pp/an. All development shall comply with fhe design guidelines and standards fourid in the Lionshead. Rredevelopment Mmaster P~alan. Flexibility with the standard, as incorporated in the Lionshead Rredevelopment Mmaster Pp/an, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Ddesign Rfeview B,board. 12-71-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site. area, unless otherwise specified in the Lionshead Rredevelopment Mmasfer Pplan. 12-71-15: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty percent (20%) of the .total site area shall be landscaped, unless otherwise specified in the Lionshead Rredevelopment Mmaster Phalan. 12-71-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pp/anriing. and . Eenvironmental Csommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway ~ improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 87 CHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT ISSUE A previous worksession introduced a definition for the land use term "private club." There have been many cases where "private club" _ has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. Since changing the definition will not allow for this loophole any longer, the properties with .private parking clubs are legally nonconforming unless "private parking structure" and "private unstructured parking" are included in the listing of permitted or conditional uses. In this case, the only property that will be legally nonconforming is the Gateway Building parking club in the Commercial Service Center District. OPTIONS If no changes are made, the Gateway Building will fall into legal nonconformity, a status that staff tries to prevent at all costs. If we allow for private parking structures and private unstructured parking in CSC, the Gateway Building will be in conformity with the current regulations. RECOMMENDED AMENDMENTS 12-7E: Commercial Service Center District 12-7E-4: CONDITJONAL 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 Ssection 12-7E-3 of this A2rticle, which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttit/e. Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcades. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in Ssection 12-7E-5 of this Aartic/e. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 88 CHAPTER 12-8: OPEN SPACE AND RECREATION DISTRICTS ARTICLE 12-8A: AGRICULTURAL AND OPEN SPACE (A) DISTRICT ARTICLE 12-8B: OUTDOOR RECREATION (OR) DISTRICT ARTICLE 12-8D: SKI BASEIRECREATION (SBR) DISTRICT ARTICLE 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also numerous other grammatical errors throughout this Chapter. The word "applicant" is improperly utilized in Section 12-8E-19. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. In Section 12-8E-19, the proposed text amendment.calls for "applicant" to be changed to "developer," as this is the term used in Section 12-8E-19A. "Developer" is the proper word to be used, over "applicant" as in describing who is conducting work at this point in the development process. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization issues within Article 12-86, such as with the word District and Title. Land uses, such as "Public recreational facility" should be in the plural form, not singular. There are also some land use terms that need to be standardized, with numerous terms for one type of land use. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in .order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include "passive and active RECOMMENDED.AMENDMENTS 12-8A-1: PURPOSE: . The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and. certain types of private recreational facilities and institutions also are suitable uses in the 89 'Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the zone district ~is#ist. 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. 12-8A-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: 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. /~L+~rrnhne. rnnfnr'n nrl rnl ~ .-1 ~ + v ~ 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. Type ll employee housing units (EHU) as provided in Chapter 13 of this Title. Well wafer treatment facility. 12-8A-4: ACCESSORY USES: The following accessory uses shall be permitted in the A District: Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, silos, sheds, corrals, pens, and similar uses. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of Phis Title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming, pools, patios, or recreation facilities customarily incidental to single-family residential uses. Retail sale of plants, trees, or other farm or agricultural products gown, produced or made on the premises. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 90 12-88: OUTDOOR RECREATION (OR) DISTRICT 12-8B-1: PURPOSE: The Outdoor Recreation .District e~is#~ist is intended to preserve undeveloped or open space lands from intensive development while .permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: P. ERMI TTED USES: The following uses shall be permitted in the OR district: Bicycle and pedestrian paths Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 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 Ttitle: 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. 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. 12-88-4: ACCESSORY USES: The following accessory uses shall be permitted in the OR D6listrict: Accessory uses in the OR Ddistrict are subject to conditional use permit review in accordance with the provisions of Cshapter 16 of this Ttitle. 12-88-6: SETBACKS: In the OR Ddistrict, the minimum setback shall be twenty feef (20') from all property lines, except as may be further restricted by the Pplanning and Eenvironmental Csommission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle. 12-88-10: LANDSCAPING AND SITE DEVELOPMENT.' .Landscape requirements shall be determined by the Ddesign Rreview B,~oard in accordance with Cshapter 11 of this Ttitle. 91 12-88-12: ADDITIONAL DEVELOPMENT STANDARDS: ,Additional regulations pertaining to site development standards 'and the development of land in the Oeutdoor Rrecreation Ddistrict are found in Cshapter 14 of this Ttitle. 12-8D: SKI BASFJRECREAT/ON (SBR) DISTRICT 12-8D: SKI B;4SE/RECREATION 1 DISTRICT.• 12-8D-2: Permitted Uses: E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned Ski Base/Recreation 1 District.• ,Bus and skier drop off. Food and beverage service. Indoor and outdoor ski storage. Mountain storage buildings. Private unstructured parking, Public parks, tennis and volleyball courts, and playing helds, playgrounds. Ski racing facilities. Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. . Special community events. Water-treatment and storage facilities buildings 12-8D-3: CONDITIONAL USES: The following conditional uses .shall be permitted in the Sski B,~ase/Rrecreation Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: 12-8D-4: ACCESSORY USES: The following accessory uses shall be permitted , in Sski B,~ase/Rfecreation De-istrict: 12-8D-5: LOCATION OF BUSINESS ACTIVITY.• All offices and retail sales conducted in the Sski Bbase/Rrecreation Ddistrict shall be operated and conducted' entirely within a building except for approved special events and food and beverage vending. 12-8D-6: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Sski B,base/Rfecreation Ddistrict will meet the intent of the zone district, a development plan shall be required. B. Plan Process And Procedures: The proposed development 92 plan shall be in accordance with Ssection 12-8D-7 of this Aarticle and shall be submitted by the developer to the Aadministrator, who shall refer it to the Pplanning and Eenvironmental Csommission, which shall consider the plan at a regularly scheduled meeting. A report of the Pplanning and Eenvironmental Csommission stating its hndings and recommendations shall be transmitted to the Ttown Csouncil for approval in accordance with the applicable provisions of Ssection 12-16-6 of this Ttitle. C. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Sski B,base/Rfecreation De~istrict . E. DRB Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Ddesign Rfeview B,board in accordance with the applicable provisions of Cshapter 11 of this Ttitle prior to the commencement of site preparation: 12-8D-7: DEVELOPMENT PLAN CONTENTS: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and bled in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the, reviewing body if it is demonstrated by the applicant -that. the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, .specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-8D-8: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for'i evaluating a proposed development plan. It shall be the burden of'~I fhe applicant to demonstrate that the proposed development plan ~i complies with all applicable design criteria. i E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmental limpacf Rreport, ifs not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Csomprehensive Pplan and other applicable plans. 12-8D-10: SETBACKS: In the Sski Bbase/Rrecreafion Ddistrict, front, side, rear and stream setbacks shall be as indicated on the approved development plan. 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT.• 93 12-8E-1: PURPOSE: The Ski Base/Recreation 2 District Wit' i; intended to provide sites for facilities, activities and use: necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but nog limifed to, residential, public and semipublic uses and specia~ community events typically associated with a vibrant reson .community are also permitted within the zone district. The Ski Base/Recreation 2 District a-i~ict` is intendea to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this Aarticle. Furthermore, due to the likelihood of this district being located at the base of Vaii Mountain, and upon some of the most critical and important lands to the future success and resort character of the Ttown, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. 12-8E-2: PERMITTED USES: A. The following uses shall be permitted within the Ski Base/Recreation. 2 Ddistrict: 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the Ski Base/Recreation 2 Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation 2 Ddistrict: 12-8E-5: LOCATION OF BUSINESS ACTIV/TY.• A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation ski 2 (SBR2) Ddistrict shall be operated and conducted entirely within a building, except for approved special community events, . outdoor display of goods, and outdoor restaurant seating. 12-8E-6: DEVELOPMENT PLAN: A. Development Plan Required: Prior to site preparation, building construction, or other improvements to land within the Ski Base/Recreation 2 Ddistrict, there shall be an approved development plan for said district or portion thereof. An 94 approved development plan. shall be the principal document in guiding the development, uses and activities of land within the district. A development plan shall be approved by the planning and environmental commission. Development standards including setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the Pplanning and Eenvironmenta/ Csommission as part of the approved development plan. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in Ssection 12- 8E-9 of this Aarticle. B. Application: An application for approval of a development plan may be filed by any owner of property within the Ski Base/Recreation 2 D6listrict or his (her) agent or authorized representative. The application shall be made on a .form provided by the Ddepartment of Csommunity D6levelopment and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property, to be included in the development plan, or their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in Ssubsection 12-8E-8A of this Aarticle and a development plan as outlined in Ssubsection C of this Ssection. 12-8E-7: DEVELOPMENT REVIEW PROCEDURES: A. Pre-application F'xeapplisatien Conference: Prior to submittal of a formal application for a development plan, the applicant shall hold a pre-application. preapptisatien conference wifh the De-epartment of Csommunity Ddevelopment. The purpose of this meeting shall be to discuss the goals of the .proposed development plan, the relationship of the proposal fo applicable elements of the Vail Csomprehensive Pplan, and the review procedure that will be followed for the application. B. PEC Conducts Final Review: The Tina! review of a proposed development plan shall be by the Pplanning and Eenvironmenta/ Csommission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Aadministrator, awork session may be held with the applicant, staff and the Pplanning and Eenvironmenta! Csommission fo discuss the development plan. A report of the Ddepartment of Csommunity Ddevelopment sfaffs findings and recommendations shall be presented at a public hearing before the .Pplanning and Eenvironmenta! Csommission. 'The Pplanning and Eenvironmenta! Csommission shall review the development plan in accordance. with the provisions of Ssection 12-8E-9 of this Aarticle.. 12-8E-8: SUBMITTAL REQUIREMENTS: A. Information And Materials Required: The Aadministrator shall .establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Aadministrator or the Pplanning and 95 Eenvironmental Csommission if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the Vail Csomprehensive Pplan. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Dslepartment of Csommunity Ddevelopment. 12-8E-9: DESIGN CRITERIA: The following design criteria shall be used as -the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: D. Comprehensive Plan: Conformity with the Vail Csomprehensive Pplan, Ttown policies and Uerban Ddesign Pplans. 12-8E-11: SETBACKS: In the Ski Base/Recreation 2 Ddistrict, front, side and rear setbacks shall be as indicated on the approved development plan. 12-8E-12: HEI GHT.• In the Ski Base/Recreation 2 Ddistrict buildings shall range in height from zero feet (0) to forty three feet (43) and be indicated on the approved development plan. All development shall comply with the building height guidelines found in the Vail Village Master Pplan Csonceptual B~4uilding H#eight Pplan. In no instance, however, shall the maximum building height exceed forty three feet (43). 12-8E-14: SITE COVERAGE: In the Ski Base/Recreation 2 De~istrict, site coverage shall be as indicated on the approved development plan.. 12-8E-15: LANDSCAPING AND SITE DEVELOPMENT.• In the Ski Base/Recreation 2 Delistrict, landscaping requirements shall be as indicated on the approved development plan. 12=8E-16: PARKING/LOADING PLAN AND PROGRAM: Off street parking and loading shall be provided in accordance with Cshapter 10 of this Ttitle. At least ninety five percent (95%) of the required parking shall be located within the main building or buildings, and as approved by the Pplanning and Eenvironmental Csommission in review of the development plan. The off street barking and loading plan shall be indicated on and described in the approved development plan. 96 12-8E-17: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, sfreetscape improvements, stream tracbbank improvements, public art improvements, parking, and similar improvements. The intent of this Ssection . is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 12-8E-18: AMENDMENT PROCEDURES: A. Minor Amendments: ' 2. Minor amendments consistent with the design criteria outlined in Ssection 12-8E-9 of this Aarticle may be approved by the Ddepartment of Csommunity Ddevelopment. All minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Ddepartment of Csommunity Ddevelopment. 3. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided fo all property owners within or adjacent to the zone district that maybe affected by the amendment. Affected properties shall be as determined by the D6fepartment of Csommunity Ddevelopment. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when .the Pplanning and Eenvironmental Csommission will be informed of the administrative action s#~#-de~sisisn. In all cases the report to the Pplanning and Eenvironmental Csommissiori shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. ` 4. Appeals of staff decisions may be fled by adjacent property owners, owners of property within the zone district, the applicant, Pplanning and Eenvironmental Csommission members or members of the Ttown Csouncil as outlined in Ssection 12-3-3 of this Ttitle. B. Major Amendments: 1. Major amendments are any proposal to change uses; increases to residential floor area greater than five percent (5%) of the approved square footage; increases to retail, office, or common 97 floor area greater than five percent (5%) of the approved square footage; increases or decreases to the number of dwelling; accommodation, or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Aadrninistrator and defined in this Aarticle. 2. Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in Ssection 12-8E-7 of this Aarticle. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Ddepartment of Csommunity, D~development. 3. Owners of all property requesting the amendment, or their' agents or authorized representatives, shall sign the application.' Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the D6lepartment of Csommunity Dslevelopment). Notification procedures shall be as outlined in Ssubsection 12-3-6C of this Ttitle. 12-8E-19: TIME REQUIREMENTS: A. -Start Of Construction; Completion: The developer must begin initial construction of the development plan within three, (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. 8. Approval Voided: If the developer applicant does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding Ssubsection, the approval of said development plan shall be void. The Pplanning and Eenvironmenta/ Csommission shall review the development plan upon submittal of an application to reestablish the development plan following the procedures outlined in Ssection 12-8E-7 of this Aarticle. CHAPTER 12-9: SPECIAL AND MISCELLANEOUS DISTRICTS: SECTION 12-9A-1: PURPOSE SECTION 12-9A-2: DEFINITIONS: 98 SECTION 12-9A-3: APPLICATION: ISSUE The Purpose Section in Article 12-9A has numerous grammatical errors. The regulations stating which zone districts are eligible to have. SDDs are hidden in this Section, where the applicant does not notice them. OPTIONS If the regulations relating to which zone districts are applicable to SDDs remains in the Purpose Section, applicants will continue to miss this important regulation. Staff recommends adding Subsection B: Applicability in order to make these regulations stand out to applicants and other users of the Code. The proposed text amendment does not make any textual changes except to separate two sentences from the purpose section and, give them their own headings. ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. ISSUE The Primary/Secondary Residential District is improperly labeled as the Duplex District. OPTIONS Keeping Duplex District in the Code is confusing to applicants, as there is no Duplex District. The mistake will be corrected to reflect the actual name of the zone district. RECOMMENDED AMENDMENTS 12-9A-1: PURPOSE AND APPLICABILITY.• A. PURPOSE: The purpose of the Sspecia/ Ddeve/opment D6tistrict is to encourage flexibility and creativity in. the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Ttown; to facilitate the adequate and economical provision of streets and utilities; to preserve the .natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Csomprehensive Pialan. An approved development plan for a Sspecial Ddevelopment Ddistrict, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Sspecial Ddevelopment Ddistrict. __.__..,. ., .....~. ..,.....~~ -...,..._ ., r,..... .~......,,..... .~. ..... B. APPLICABILITY: Special Development Districts do not 99 apply to and are not available in the following zone districts: Hillside Residential, Single-Family Residential, Two-Family Residential and Two-Family Primary/Secondary Residential. 12-9A-2: DEFINITIONS: AFFECTED PROPERTY.• Property within a Sspecial Ddevelopment Ddistrict that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved Sspecial Ddevelopment Ddistrict. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the Sspecial D6ievelopment Dslistrict is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEVI~: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand anyapproved Sspecial Ddevelopment De-istrict (other than "minor .amendments" as defined in this Ssection), except as provided under Ssection 12-15-4, "Inferior Conversions" or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this Ttitle. MINOR AMENDMENT (STAFF REVIEV1~: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Sspecial De~evelopment Ddistrict, and are consistent with the design criteria of this sbapter Article. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Sspecial Ddevelopment Ddistrict; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Ssection 12-15-4, "Interior Conversions" or 12-15- 5, "Additional Gross Residential Floor Area (250 Ordinance)" of this Ttitle. UNDERLYING ZONE DISTRICT.• The zone district existing on the property, or imposed on the property at the time the Sspecial Ddevelopment Ddistrict is approved. The following zone districts 100 are prohibited from Special Development Ddistricts being used: Hillside Rresidential, Ssingle-F#'amily Residential, Two-Family Residential ~ple~, Two-Family Pprimary/Ssecondary Residential 12-9A-3: APPL/ CA TION: An application for approval of a Sspecial De-evelopment Ddistrict may be filed by any owner of property to be included in the Sspecia/ Ddevelopment Ddistrict or his (her) agent or authorized representative. The application shall be made on a form provided by the Ddepartment of Csommunity Ddevelopment and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the Sspecial Ddevelopment Ddistrict, or their agents or authorized representatives. The application shall be accompanied by submittal requirements in Ssection 12-9A-5 of this Aarticle and a development plan as in Ssection 12-9A-6 of this Aarticle. SECTION 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: SECTION 12-9A-5: SUBMITTAL REQUIREMENTS: SECTION 12-9A-6: DEVELOPMENT PLAN: SECTION 12-9A-7: USES: SECTION 12-9A-8: DESIGN CRITERIA: SECTION 12-9A-9: DEVELOPMENT STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes. are important because. they will ensure a professional looking Code. ISSUE The procedures for review of SDDs by PEC and Town Council are not clearly outlined. The criteria are listed, but there are no necessary findings for PEC and Town Council to use in determining the outcome of SDD applications. OPTIONS There is some reference to other places in the Code that have procedural outlines. However, it is important to have these procedures outlined -within the SDD. The proposed text .amendments will clarify procedure for review of Special Development Districts. It is important to provide a clear procedure for legal proceedings in order to have a legally binding process. Subsections 12-9A-4C and D have added text to explain procedure for PEC and Town Council review. Section 12-9A-8 has been clarified to provide Necessary Findings for PEC and Town Council when reviewing an SDD. 101 RECOMMENDED AMENDMENTS 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements fo land within a Sspecial Ddevelopment Ddistrict, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a Sspecial Ddevelopmenf Ddistricf. 8. ,Pre-application Conference: Prior to submittal of a formal application for a Sspecial Ddevelopment Ddistrict, the applicant shall hold apre-application pxeapplisatiea conference with the Ddepartment of Csommunity Ddevelopment. The purpose of this meeting shall be to discuss the goals of the proposed Sspecial Ddevelopment De~istrict, the relationship of the proposal to applicable. elements of the Ttown's Comprehensive m.T"r'rGac~T-Pl31an, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed Sspecial De-evelopment Dstistrict shall be held by the Pplanning and Eenvironmental .Csommission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the Aadministrator, awork session maybe held with the applicant, staff and the Pp/anning and 'Eenvironmental Coommission to discuss Sspecial Ddevelopment Ddistrict.. A report of the Ddepartmenf of Csommunity De~evelopmenf staffs .findings and recommendations shall be made at the initial formal hearing before the Pplanning and Eenvironmental Coommission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on the petition or proposal. The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of the petition or rejection of the proposal. The Commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. D. Town Council Review: A report of the Pplanning and Eenvironmental Csommission stating ifs findings and recommendations, and the staff report shall then be transmitted to the Ttown Csouncil. of e.nnfinn 17 1 F. L:.~.f fF.ic~ Fifln .......,.., . ~ ~ . v Upon receipt of the report and recommendation of .the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act. on the petition or 102 proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town,Council may cause an ordinance to be introduced to create or amend a Special Development District, either in accordance with fhe recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail Town Charter. 12-9A-5: SUBMITTAL REQUIREMENTS: The administrator shall establish the submittal requirements for a Sapecial Ddevelopment Ddistrict application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements maybe waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and ofher .materials if deemed necessary to properly evaluate the proposal. 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of Sspecial Ddevelopment Ddistricts. A development plan. shall be approved by ordinance by the Town Council in conjunction with the review and approval of any Sspecial Ddevelopment Ddistrict. The development plan shall be comprised of materials submitted in accordance with Section 12-9A-5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with .which the Sspecial Ddevelopment Ddistrict shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, .preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Sspecial Ddevelopment Ddistrict, permitted, conditional and~accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone 103 district. Under certain conditions, commercial uses may be permitted in residential Sspecia/ Ddevelopmenf Ddistrict if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the Sspecia/ Ddevelopment Ddistrict. The amount of area and type of such uses, if any, to be allowed in a residential Sspecia/ Dslevelopment Ddistrict shall be established by the Town Council as a part of the approved development plan. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed Sspecial Ddevelopment Ddistrict. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is nod applicable, or that a practical solution consistent with the public interest has been achieved: (1)A: Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. (2)~:: Relationship: Uses, activity and density which .provide a compatible, .efficient and. workable relationship with surrounding uses and activity. (3~: .Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 70 of this Title. (4)~: Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. (5~ Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the Sspecial De~evelopment Ddistrict is proposed. (6)~ Design Features: Site plan,. building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. (7)6: Tragic; A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic. circulation. (8~ Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. (9)~ Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the Sspecia/ Ddevelopment Ddistrict. 104 B. Necessary Findings: Before recommending and/or granting an approval of an application fora Special Development District; the Planning and Environmental Commission and the Town Council shall make the following findings with. respect to the proposed SDD: (1) That the SDD complies with the standards listed in Subsection 12-9A-8A of this Title, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. (2)That the. SDD is consistent with the adopted goals, objectives and policies outlined in .the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the SDD 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. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage sees, landscaping and parking shall be determined by the Town. Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves .development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh .the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed Sspecial Ddevelopment Ddistrict 's compliance with the design criteria outlined in Section 12-9A-8 of this Article. SECTION 12-9A-10: AMENDMENT PROCEDURES: SECTION 12-9A-11: RECREATION AMENITIES TAX: SECTION 12-9A-12: TIME REQUIREMENTS: SECTION 12-9A-13: FEES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. 105 ISSUE There is confusing wording in 12-9A-10a-1, which alludes to design criteria when in fact it should reference the definition of Minor Amendment. OPTIONS The proposed text amendment is necessary in order to delete confusing wording. If the current verbiage remains, applicants will continue to be puzzled by this Subsection. ISSUE In .referencing notification, the word "or" is confusing, causing applicants to think notification may occur for one or the other, but not both. OPTIONS Regardless of the text error here, the requirements for notification will stay the same, with staff ensuring that proper notification occurs. To alleviate confusion in regards to the notification procedures for amendments to SDDs, the word "or" needs to change to "and" to be inclusive of both circumstances. ISSUE The PEC is incorrectly identified as the regulatory board that determines fees and taxes. OPTIONS Because of the outline of.roles in Title 3: Boards and Commissions, it is understood that PEC does not have this power. However, fees and taxes are determined by Town Council, not PEC and the proposed text amendment seeks to clarify this error. ISSUE While the Department of Community Development requests funds. each year with some appropriated to hiring consultants for various applications, this does not occur on an individual project basis: While we do technically conform to the regulations in 12-9A-13, it is necessary to remove all doubt of conformity in order to create a legally binding process that cannot be challenged iri court. OPTIONS ' With no changes made to this Article, there may be a challenge to an SDD on the grounds that the Department of Community Development did not specifically request approval to hire an outside consultant on behalf of the application. In order to create a process that. cannot be legally challenged, the Department of Community Development needs to have discretion in hiring an outside consultant, a rule that will keep the process efficient. This will not change the current policy, which is to conduct all approvals with Town Council for hiring of outside .consultants in the budgetary process. RECOMMENDED AMENDMENTS 12-9A-70: AMENDMENT PROCEDURES: A. Minor Amendments: 7. Minor modifications consistent with the definition of "minor amendment" in Ssubsection 72-9A-2 n rr of this Article, maybe approved by the Department of Community Development. All minor 106 modifications shall be indicated on a completely revised development plan..Approved changes shall be noted, signed,. dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within and er adjacent to the Sspecial Ddevelopment D~listrict that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than .five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the administrative action sta#-desisiea. In all cases the report to the Planning and Environmental Commission -shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the Sspecia! Ddevelopment Ddistrict, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section ', 12-3-3 of this Title. 8. Major Amendments: 1. Requests for major amendments to an approved Sspecial Ddevelopment Ddistrict shall be reviewed in accordance with the procedures described in Section 12-9A-4 of this Article. i 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application... Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the Sspecial Ddevelopment D6tistrict, and owners of all property within the Sspecial Ddevelopment Ddistrict that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in Ssubsecfion 12-3-6C of this Title. 12-9A-11: RECREATION AMENITIES TAX.• A recreation amenities tax shall be assessed on all Sspecial Ddevelopment Ddistricts in accordance with Title 2, Chapter 5 of this Code at a rate to be determined by the Town Council This rate shall be based on the, rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. 12-9A-12: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the Sspecia/ Ddeve/opment Ddistrict within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the Sspecia/ D6tevelopment Ddistrict is to be developed in phases, the 107 developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the Sspecial Ddevelopment Dsiistrict or any stage of the Sspecial Ddevelopment Ddistrict within the time limits imposed` by the preceding Ssubsection, the approval of said Sspecial Ddevelopment D6listrict shall be void. The Planning and Environmental Commission and Town Council shall review the Sspecial Ddevelopmenf Ddistrict upon submittal of an application to reestablish the Sspecial Ddevelopment Ddistrict following the procedures outlined in Section 12-9A-4 of this Article. 12-9A-13: FEES: The filing fee for Sspecial D~levelopment Dsiistrict applications and for major and minor amendments to Sspecial Dsievelopment Ddisfrict shall be set by the Town Council by resolution. Applications deemed by the Department of Community Development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than Town staff. Should a determination be made by the Town staff that an outside consultant is needed to review any Sspecial Ddevelopment Ddistrict application, said outside consultant shall be commissioned by the Department of Community Development. , sensc~Ita#; Tthe Department of Community Development. shall estimate the amount of money necessary to pay the outside .consultant, and this amount shall be forwarded to the Town by the applicant at the time the Sspecial Ddevelopment Ddistrict application is submitted to the Department of Community Development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by fhe applicant shall be paid to the Town by the applicant within thirty (30) days of notification by the Town. ~, 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: Nothing in this Article shall be construed to limit, replace or ~~ diminish the requirements, responsibilities, and specifications of Special Development Districts 2 through 21. The Town Council specifically finds that said Special Development Districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town. These SDDsdis~s, if not commenced at the present time, shall comply with Section 12-~ 9A-12 of this Article. 108 SECTION 12-9A-15: BED AND BREAKFAST; CONDITIONAL USE PERMIT ISSUE All other land uses are listed within the .underlying zone district Sections of the Code. Within the SDD Article , no other land uses are mentioned, but Bed and Breakfast has its own Section. Meanwhile, many SDDs are not eligible to have Bed and Breakfasts, making this paragraph somewhat misleading. Since SDDs cannot deviate from the underlying zone district's land uses, if a Bed and Breakfast is allowed, then it will be allowed in the SDD. OPTIONS If this Section is left in this Article, it will continue to confuse applicants who think that they can have Bed and Breakfasts in SDDs no matter what zone district is underlying. The proposed text .amendment is to delete Subsection 12-9A-15. This needs to be deleted because it is redundant and confusing. RECOMMENDED AMENDMENT r~nnm/T-n ~~-L~ ~-Td~: 8€~A.p~-~.~=~ ~~ n-n - I ICC DGDAAIT y c ~ SECTION 12-9C-1: PURPOSE: SECTION 12-9C-2: PERMITTED USES: SECTION 12-9C-3: CONDITIONAL USES: SECTION 12-9C-4: ACCESSORY USES: SECTION 12-9C-5: DEVELOPMENT STANDARDS: SECTION 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: ISSUE There are numerous capitalization issues within Chapter 12-9, specifically with the words Title, District and Chapter. Land uses need to be in plural form, rather than the singular form. There are also a few examples of land uses that are not in the proposed standardized form. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion. among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include "Bicycle and pedestrian paths," "Health care facilities" and "Religious Institutions" The capitalization and grammar errors should be corrected to facilitate a Code without error. ISSUE There are numerous grammatical errors. OPTIONS 109 These errors can remain or can be corrected, projecting a more professional feel of the Code. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. Using the terminology from the Parking District Section, we conclude that these terms, also proposed vocabulary for the 12-2: Definitions, will help to alleviate confusion in the Code in relation to parking facilities. With fewer standardized terms for land uses related to parking, applicants can clearly understand what is meant when terms are listed as conditional. uses. RECOMMENDED AMENDMENTS 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: Major arcades. Private or public off-street vehicle parking structures. P,earks and recreational facilities. 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 maybe stored. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 12-9C-1: PURPOSE.• The Ggeneral Ur~se Dstistrict is intended to provide sites for public and quasi public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Ssection 12-1-2 of this Ttitle and to provide for the public welfare. The GQeneral Use Ddistrict is intended to ensure that p"ublic buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with sun'ounding uses, and, in the case of buildings and other structures, to ensure adequate fight, air, open spaces, and other amenities appropriate to the, 110 permitted types of uses. 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU Ddistrict: Passive outdoor recreation areas, and open space. Bicycle and pedestrian paths. 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in' the GU Ddisfrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Child daycare centers. ski ~ !, Equestrian trails. Golf courses. Health care facilities. Helipad for emergency and/or community use. > > Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of frees 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 facilitiesy. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourisf/guest service related facilities. Public transportation terminals. Public unstructured parking. - Public .utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type 111 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. Water and sewage treatment plants. 12-9C-4: ACCESSORY USES: The following accessory uses shall be permitted in the GU Ddistrict: Minor arcades. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the 111 exception of buildings. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the Ggeneral Use Ddistrict, development standards in each of the following categories shall be as prescribed by the Pplanning and Eenvironmental Commmsssion: 8. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Pplanning and Eenvironmental Coommission during the review of the conditional use request in accordance with the provisions of Cshapter 16 of this Ttitle. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the Ggenera/ Use Ddistrict are found in Cshapter 14 of this Ttitle. 112 CHAPTER 12-10: OFF-STREET PARKING AND LOADING SECTION 12-10-6: PARKING; OFF-SITE AND JOINT FACILITIES: SECTION 72-10-7: STANDARDS; AUTHORITY TO ADJUST: SECTION 12-10-9: LOADING STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-10-6: PARKING; OFF-SITE AND JOINT FACILITIES: All parking and loading facilities required by this Cshapter shall be located on the same site as the use for which they are required, provided that the Ttown Csouncil may permit off-site or jointly used parking facilities if located within three hundred feet (300) of the use served. Authority to permit off-site or joint parking facilities shall not extend to parking spaces required by this Ttitle to be located within the main building on a site, but may extend to parking spaces permitted to be unenc/osed. Prior to permitting off- site or joint parking facilities, the Csouncil shall determine that the proposed location of the parking facilities and the prospective operation and maintenance of the facilities will fulfill the purposes of this Cshapter, will be as usable and convenient. as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The Csouncil may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of ownership, long-term lease, or easement. 12-10-7: STANDARDS; AUTHORITY TO ADJUST.• Parking standards shall be those provided in Ttitle 14 of this code. The standards set out in Ttitle 14 of this code, shall govern the design and construction of all off-street parking and loading facilities, whether required by this Cshapter or provided in addition to the requirements of this Cshapter. Minor adjustments of the dimensions prescribed in this Cshapter may be authorized by the Aadministrator if consistent wifh generally recognized design standards for off-street parking and loading facilities. 12-10-9: LOADING STANDARDS: Standards for off-street e#-s#eet loading shall be as follows: A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off-street ^~o.,~t;~~ loading berths shall be provided in 113 addition to required off-street e#,s#eet parking and shall not be located within accessways. 8. Size: Each required loading berth shall be not /ess than twelve feet (12') wide, thirty five feet (35') long, and if enclosed and/or covered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. At the Pplanning and Esnvironmenfal Csommission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the Pialanning and Eenvironmental Ceorimmission finding that such variation. is necessary to prevent negative impacts to the public right of way. SECTION 12-10-13: LOADING REQUIREMENTS SCHEDULE: ISSUE An error in the Code lists the Town Council as the Board that determines the loading facility requirements, when in fact it is the responsibility of the PEC to handle matters related to conditional use permits. OPTIONS Without any action, these PEC will still review these requirements, but this may'not be legally binding. This change alleviates any confusion as to who is required to set the loading facility requirements and helps to smooth out the process. RECOMMENDED AMENDMENTS 12-10-13: LOADING REQUIREMENTS SCHEDULE: Ofl`-street loading requirements shall be determined in accordance with the following schedule: Use Loading Requirement Any use listed as a Loading facilities requirement to be conditional use determined by the Planning and Environmental Commission as a condition of the conditional use permit, but not less than the comparable requirement prescribed above SECTION 12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED: SECTION 12-10-17: LEASING OF PARKING SPACES: SECTION 12-10-20: SPECIAL REVIEW PROVISIONS: SECTION 12-10-21: PARKING PAY IN LIEU ZONES ESTABLISHED: ISSUE There are numerous grammatical errors. - OPTIONS 114 These errors can remain or can be corrected, projecting a more professional look for the Code. SECTION 12-10-17: LEASING OF PARKING SPACES: ISSUE , A previous worksession introduced a definition for the land use term "private club." There have been many cases where "private club" has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. The Gateway Building, in the CSC District, leases parking spaces in accordance with Section 12-10-17, but is not listed as an appropriate zone district for this type of parking leasing. With the change to private club; the Gateway Building's private parking club will be legally nonconforming with regards to its, leasing program. OPTIONS If no changes are made, the Gateway Building will fall into legal nonconformity, a status that staff tries to prevent at all costs. If we include CSC District in the allowed zone districts for leasing of parking spaces, the Gateway Building will be in compliance with the updated Code. RECOMMENDED AMENDMENTS 12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED: A. Criteria: The Tfown Csouncil by resolution may exempt certain areas from the off-street parking and loading requirements of this Cshapter if alternative means will meet the off-street parking and loading needs of all uses in the area. Prior to exempting any area from the' off-street parking and loading requirements, the Csouncil shall determine the following: B. Parking Fund 2. The parking fee to be paid by any owner or applicant shall be determined by the Ttown Csouncil. 3. If any parking funds have been paid in accordance with this Ssection and if subsequent thereto a special or general improvement district is formed, and assessments levied for the purpose of paying for parking improvements, the payer payer shall be credited against the assessment with the amount previously paid. 12-10-17: LEASING OF PARKING SPACES: B. Lease Qualifications; Application To Lease: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in Csommercial Csore 1, Csommercial Csore 2, Csommercial Csore 3, H#igh Ddensity Mmultiple-Ffamily, Ppublic Aaccommodations, Lionshead Mixed Use 1 liar-~shead m,;xe °^ ~, Lionshead Mixed Use. 2, IieRShead ~ ~' ~-se-2 Commercial Service Center or Sspecial D~fevelopment zone districts and provides sufficient parking for use by employees may apply to the 115 Aadministrator of the Ttown for a permit to lease parking spaces. 2. Application shall be made on a form provided by the Aadministrator and upon approval of the application by the Aadministrator a leasing permit shall be issued with or without condition as determined by the Aadministrator. !f the Administrator #$ww-~sta# determines that the lease proposal results in a visual impact to surrounding streets or property, the Aadministrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the visual appearance of the parking area. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The Aadministrator may requesf that an applicant conduct 'a parking utilization study to determine the. difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the Aadministrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not sigriificantly changed. Any applicant wishing for an extension to an established lease agreement, .must submit an application to the Aadministrator no later than- two (2) weeks prior to the termination of the existing approval. 5. No applicant shall be permitted to lease more.than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the Aadministrator. 8. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs #~erefer on the premises and to see that the leased spaces are used and occupied in accordance with the lease agreement. 10. Car rental agencies may lease parking spaces only in the CC3 zene-Ddistrict, and shall be limited to a maximum of lrfteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. 12-10-20: SPECIAL REVIEW PROVISIONS: Notwithstanding the provisions of Ssection 12-10-18 of this Cshapter, the Pplanning and Eenvironmental Csommission may approve a reduction to the number of required spaces speci>red in Ssection 12-10-10 of fhis. Cshapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following hndings are made by the Pp/anning and Eenvironmental Csommission: In reaching a decision, the Pplanning and Eenvironmental 116 Csommission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the P~Slanning and Eenvironmental Csommission after development plan approval if it is deemed necessary to verify continued compliance with fhe above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of fhe total number required under Ssection 12-10- 10 of this .Cshapter. 12-10-21: PARKING PAY /N LIEU ZONES ESTABLISHED: The "Parking Pay-in-Lieu Zone" maps (attached to ordinance 4, series of 2001, and available for inspection in the office of the Ttown Cslerk) shall be used to identify properties within the parking pay in lieu zones referenced in Ssection 12-10-16 of this Cshapter. Properties will. be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the Pplanning and Eenvironmental Csommission for review if the provision of on site parking on the property would circumvent relevant objectives of applicable Comprehensive master Pplan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements. CHAPTER 12-11: DESIGN REVIEW: SECTION 12-11-1: INTENT: SECTION 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: SECTION 12-11-3: DESIGN APPROVAL: SECTION 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: SECTION 12-11-5: DESIGN GUIDELINES: SECTION 12-11-6: PARK DESIGN GUIDELINES: SECTION 12-11-7: DESIGN REVIEW FEE: SECTION 12-11-8: PERFORMANCE BOND: SECTION 12-11-11: ENFORCEMENT; INSPECTION: ISSUE. Section 12-11-1 is improperly labeled Intent. OPTIONS While this error does not affect the content of this Chapter, it does not follow the format of the rest of the Code. This change will help to provide a basis for why we have the Design Guidelines Section, which is generally referred to as "purpose" instead of "intent." ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. 117 RECOMMENDED AMENDMENTS 12-11-1: PURPOSE ~: B. Area Character Protection: These factors constitute an ,important economic base for the Ttown, both for those who earn their living .here and for those who view the Ttown as a precious physical possession. The Ttown Csouncil finds that ,new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land. use upon another can be prevented through zoning; subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard `to specific development proposals. Among these are the general form of the land .before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Ttown, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Ttown Csouncil has .created a Ddesign Rfeview Board (DRB) and design criteria. 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be .defined and interpreted in accordance with the definitions contained in Ssection 12-2-2 of this Ttitle, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the D6lesign Rreview B,~oard for final determination. 12-11-3: DESIGN APPROVAL: C. Nonconforming Sites And Structures; Effect Of Design Guidelines: 2. From the effective date of July 21, 1.998, there shall be ',permitted a one-time exclusion from ,this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to. entire structures and sites to conform to ~it# the design guidelines. The addition itself, however, shall conform to with the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: 118 B. Conceptual Design Review:. 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this Chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this Chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information. shall be submitted for a conceptual review ten (10) days prior to a scheduled Design Review Board meeting: e. Planning and Eenvironmental Csommission and/or Ttown Csouncil approval if required. 2. Staff,• Board Procedure: a. Upon receipt of an application for conceptual design review the Ddepartment of Coommunity Ddevelopment shall review the submitted materials for general compliance with the appropriate requirements of the Zzoning Regulations cede. If the proposal is in basic compliance with the Zzoning Regulations, cede .tcou~irem~nfn the project shall be .forwarded to the Ddesign Rreview B,board for conceptual review. If the application is not generally in compliance with the Zzoning Regulations, sesle the application and submittal materials shall be returned to the applicant with a written explanation of the D6lepartment of Coommunity Ddevelopment's findings. b. The Ddesign Rreview Bboard shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether. or not the project generally complies with the design guidelines, and forward 'comments concerning the design to the applicant. No vote of the design review board will 6e .required unless requested by the applicant. The property owner or his/her representative shall be present at the Ddesign Rreview Bboard hearing. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this Cshapter shall submit for final design approval all of the following material to the Aadministrator, unless the Aadministrator determines within five (5) days of a written request for such determination that some of the following material maybe excluded: h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in Tfitle 11 of this . Csode, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in Ssubsection C1d of this 119 Ssection. Upon request of the Aadministrator, samples of sign materials shall be submitted. i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans. (1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be required. For developments involving less than two (2) .acres, an erosion control plan may be required by the Ddepartment of Ccommunity D6tevelopmenf, 5ased upon conditions of slope and soil stability. !3) Review Of Plan: The De-epartment of Ccommunity Ddevelopment shall review and approve all erosion control plans end shall maintain a list of erosion control practices, both structural and nonstructural. (5) Revegetation Landscaping: Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. °otential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation plan. At a minimum, glans submitted under this Ssubsection shall include revegetation ~f land disturbed by development and construction activity. The department of Ccommunity Ddevelopment shall establish and maintain a list of revegetation best management practices. '6) Additional Requirements: In addition to the above •equirements, the Ddepartment of Ccommunity Ddevelopment nay require any or all of the following: NPDES Permit: An approved national pollutant discharge elimination system ,permit for storm water discharges to sun`ace Haters resulting from developments draining two (2) or more acres >hall be presented. In lieu of such permit, the developer of an area. if two (2) or more acres may present a "no discharge" storm water irairiage plan, which may include such measures or detention ponds, high curbs, and infiltration galleries. The D6lepartment of ;community Ddevelopment shall establish and maintain. a list of such "no discharge" measures. n. Lighting Plan: An outdoor lighting plan shall be submitted >eparately from the site plan or landscape plan, and shall show he location, the height above grade, the type of illumination (such' ~s incandescent, halogen, high pressure sodium, etc.), the source', umens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the fights meet the standards set forth in Ssection 12-11-5 of this ;chapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application ~orm provided by the D6lepartment of Ccommunity Ddevelopment. ?. Staff Or Design Review Board Procedure: The D~lepartment of :community Ddeve/opment shall check all material submitted for iesign review for compliance with the applicable provisions of the ~~oning Regulations seEle, Ssubdivision Rregulations, and with his Ssubsection C (the submittal requirements of this Ssection as outlined above). If the application is found fo be in compliance with he applicable provisions of the ~ Zoning Ccode, Ssubdivision regulations, and this Ssubsection C, the project shall either be, 120 placed upon the agenda of the next appropriately scheduled Ddesign Rfeview B~board meeting in accordance with the required application submittal deadlines on .file in the Ddepartment of Csommunity Ddevelopment, or be reviewed by the Aadministrator in accordance with Ssubsection C3 of this Ssection (staff approval). If the application is found not to be in compliance with the applicable provisions of the Zoning Regulations cede and this Ssubsection C, the application and materials shall be returned to the. applicant with an explanation of the Aadministrator's findings. The Aadministrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The Aadministrator or the Ddesign Rreview Bboard shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design, guidelines of this Cshapter, the Aadministrator or the Ddesign Rreview Bboard , shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose ~~ statement and design guidelines of this Cshapter, the Ddesign Rfeview Bboard may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is ,given, the board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the Ddesign Rreview Bboard or to the Aadministrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the Aadministrator. or the Ddesign Rreview Bboard shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of -the project does not comply and the manner of noncompliance. c. Following the final review of an application by the Ddesign Rreview Bboard at a public meeting, the Ddesign Rreview B,board shall have thirty (30) days to consider and approve or deny an application. The time for action maybe extended at the request of the applicant. d. if changes in the design of the project are requested, the Ddesign Rreview Bboard shall approve, disapprove or request further changes within thirty (30) days of the meeting at which the Ddesign Rreview Bboard receives the changes unless an extension is agreed to by the applicant. e. The applicant or his/her authorized representative shall be present at the Ddesign Rfeview. Bboard meeting. 3. Staff Approval: The Aadministrator may approve any of the following applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is 121 generally consistent with the architectural design, including, but not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and. approval has been received by an authorized member of a condominium association, if applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site; and d. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installation of accessory structures or recreational facilities. In the above specified cases, the Aadministrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Ddesign Review Bboard for decision. All other applications shall be referred to the Ddesign Review B,board. 12-11-5: DESIGN GUIDELINES: The design guidelines for all development are contained in Title ##1e-14 of this Csode. 12-11-6: PARK DESIGN GUIDELINES: A. Purpose: These guidelines shall be used by the De~esign Review B,~oard in reviewing any proposals for the development of Ttown parkland. The guidelines sha// be used in conjunction with the general design review guidelines found in Tittle 14 of this Csode. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be i developed over many years. The guidelines will provide consistent design criteria to maintain the quality of Ttown parks through all phases of development. 12-11-7: DESIGN REVIEW FEE: The Ttown Csouncil shall set a design review fee schedule' sufficient to cover the cost of Ttown staff time, consultant's fees, and incidental expense. 12-11-8: PERFORMANCE BOND: The Bbuilding Oefficia/ shall not issue a final certificate of occupancy- for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all .improvements, amenities and, 122 landscaping have been installed. The Bbuilding Oefficial may issue a temporary certificate of occupancy not to exceed two hundred ten (210) days upon the applicant posting with the Ddepartment of Csommunity Ddevelopment a performance bond or other security acceptable to the Tfown Csouncil in the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. ~ If said landscaping, paving, and other accessory improvements. are not installed by the applicant within the period allowed, the temporary certificate of occupancy maybe revoked until the same are installed by the applicant or by the Tfown pursuant to the terms of the performance bond or other accepted security that has been approved by the Tfown. . 12-11-11: ENFORCEMENT; INSPECTION: Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Ddepartment of Csommunity De~evelopment. The .Ddepartmenf of Csommunity Ddevelopment shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Ddesign Rreview Bboard. It shall be the' duty of the property owner or his/her authorized agent to notify the Ddepartment of Csommunity Ddevelopment that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review .application and plans, the Ddepartment of Csommunity Da-eve/opment shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the adopted building code, the applicant shall post a bond as set forth in Ssection 12-11-8 of this Cshapter. Upon forfeiture of said bond or surety, the Tfown shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be' individually liable to the Tfown for the additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall ~, automatically become a lien upon any and all property included within the design review application. 123 CHAPTER 12-12: ENVIRONMENTAL IMPACT REPORTS: SECTION 12-12-1: PURPOSE: SECTION 12-12-2: APPLICABILITY: SECTION 12-12-3: EXEMPT PROJECTS:. SECTION 12-12-4: STUDIES AND DATA REQUIRED: SECTION 12-12-5: REPORT CONTENTS: SECTION 12-12-6: REPORT; ADDITIONAL MATERIAL: SECTION 12-12-7: TIME SCHEDULE: SECTION 12-12-8: FEE: SECTION 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: SECTION 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION:. SECTION 12-12-11: ACTION BY COMMISSION: SECTION 12-12-12: PERMIT ISSUANCE: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-12-1: PURPOSE: Submission and review of an Eenvironmental I+mpact Rfeport on any private development proposal or public project which .may affect to any significant degree the quality of the environment in the Town or in surrounding areas is required to achieve the following objectives: 12-12-2: APPLICABILITY: An Eenvironmental I+mpact Rfeport shall be submitted to the Administrator for any project for which such a report is required by Federal or State {aw, or for any project which the Administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 12-12-3: EXEMPT PROJECTS:. An Eenvironmental I+mpact Rfeport shall not be required for the following projects: B. A phase of a project for which an Eenvironmental I+mpact Rreport previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. 12-12-4: STUDIES AND DATA REQUIRED: A. Range Of Studies: The Eenvironmental I+mpact Rreport shall be based on systematic studies conducted by the Town staff or by professional consultants, as determined by the 124 Administrator. The Eenvironmental I+mpact .Rfeport on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an Eenvironmental I+mpact Rfeport includes the following natural systems and other studies: B. Summarization: The Eenvironmental I+mpact Rfeport shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by Town officials and the general public. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requirement of this Chapter, or of any other ordinance or Federal, State or Town regulation, also may be used to support an Eenvironmental +mpact Rfeport. 12-12-5: REPORT CONTENTS: A. Information And Analysis: The Eenvironmental I+mpact Rfeport shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. B. General Statement; Descriptive Materials: The Eenvironmental I+mpact Rfeport shall include a general statement, describing the proposed project and its purpose, identifying the owner and/or sponsors, and, if a public project, identifying the funding source and time schedule. Descriptive materials, maps, and plans shall be submitted showing the following information: C. Environmental Inventory: The Eenvironmental I+mpact Rfeport shall include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed project. The environmenta! inventory .shall include: maps, photographs, or other appropriate illustrative material. E. Analysis: The Eenvironmental I+mpact Rfeport shall include a comprehensive, qualitative and ~ quantitative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects that will prevail during construction, and long-term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects which will result from the project. The analysis portion of the Eenvironmental +mpact Rfeport shall fully assess the following items: 12-12-6: REPORT; ADDITIONAL MATERIAL: The Administrator may further prescribe the form and content of an Eenvironmental I+mpact Rfeport, setting forth in greater detail the factors to be considered and the manner in which the report 125 shall be prepared, and may require submission of information in addition to that required by Section 12-12-5 of this Chapter. 12-12-7:1`IME SCHEDULE: The Eenvironmental I+mpact Rfeport required under this Chapter shall be prepared within thirty (30) days of the date that plans are submitted for design review as prescribed in Sections 12-12-4 through 12-12-6 of this Chapter, subject to extension of the time period to a maximum of ninety (90) days by the Planning and Environmental Commission. The time period may be extended to a maximum of one hundred eighty (180) days if seasonal conditions prevent a comprehensive analysis. 12-12-8: FEE: In the event that the Town engages professional consultants to prepare an Eenvironmental I+mpact Rfeport, the cost shall be paid by the sponsor of the project. The sponsor may be required to deposit a fixed sum in advance to cover the cost of the report, with the unexpended balance returnable to the sponsor. 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: The Eenvironmental I+mpact Rfeport shall be submitted to the Administrator. The Administrator shall prescribe the number of copies to be submitted. The Administrator shall notify the Town Council, the Planning and Environmental Commission, and the Design Review Board of receipt of an Eenvironmental I+mpact Rreport, and shall transmit copies of the report upon request. Environmental I+mpact Reports shall be available for public review in the offices of the Town. 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION: B. Supplementary Data: The .Commission may receive additional statements or supporting materials from.the sponsor of a project, from the Town staff, from professional consultants, or from others. Such additional materials may be considered as supplementary or amendatory to the Eenvironmental I+mpact Rfeport. . 12-12-11: ACTION BY COMMISSION: A. Criteria For Decision: Following review of the Eenvironmental I+mpact Rfeport, the Planning and Environmental Commission shall approve, disapprove, or request changes in the .project in writing. The Planning and Environmental Commission shall approve the project unless it finds that either the project will have significant long-term adverse effects on the environment with respect to the natural systems or. other factors studied as prescribed in Section 12-12-4 of this Chapter or the project will have short-term adverse effects on the .environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the 126 adverse effects on the environment sufficiently to permit approval of the project, the Planning and Environmental Commission, in writing, shall describe those changes and request those changes be made. If the Planning and Environmental Commission determines that the changes are not feasible, it shall disapprove the project in writing, describing the adverse effects on the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or to the public health,- safety or welfare and the Planning and Environmental Commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. 12-12-12: PERMIT ISSUANCE: A. Conformance To Environmental Impact Report: Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this Title and by other applicable ordinances or regulations of the Town. No permits shall be issued and no authorizations shall be granted which would allow a project to proceed in the event that the Planning and Environmental Commission does not grant approval of the Eenvironmental I+mpact Rfeport after review. No permits shall. be issued and no authorizations shall be granted for any project which .does not conform substantially to the description of the project contained in the Eenvironmental I+mpact Rfeport. B. Exception: This Section shall not apply to a project for which an Eenvironmental I+mpact Rfeport is not required, as prescribed in Section 12-12-3 of this Chapter. CHAPTER 12-13: EMPLOYEE HOUSING: SECTION 12-13-3: GENERAL REQUIREMENTS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confusion among applicants, or they can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 72-73-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, Reporting Requirements -Types 1, ll, 111, And V: 3. For an EHU which can be sold separately, the EHU must be occupied by the owner of the EHU as a permanent residence, except for Type 111 employee housing units, which may be occupied by any person meeting the .employment requirements 127 contained herein. For the purpose of this Ssubsection, a "permanent residence" shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence from said home or place #~~, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other fax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. B. Deed Restriction, Occupancy Limitations, Reporting Requirements -Type IV: All Type IV employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Toown manager and Toown attorney. C. Development Standards: 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or• not), provided that no existing parking required by this code is reduced or eliminated. A type 1 EHU which has five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The Ddesign Rfeview B,board shall review such requests for separation. D. Application Requirements: 2. EHU applications requiring a conditional use permit are.subject to review and approval by the Pp/anning and Eenvironmental Csommission as provided for in Cshapter 16 of this Ttitle. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Ddepartment of Coommunity Ddevelopment subject to a design review application. 5. Any existing legal nonconforming dwelling unit in the Ttown may be .converted to an EHU ~ administratively by the Town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted fo a conforming EHU administratively by the Toown, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the building code requirements of the Toown. Upon being converted to an EHU per this Ssection, such dwelling units shall be considered legally conforming EHUs and shall be governed by all 128 requirements of this Cshapter. F. Written Management Plan For Type VI .Housing: For the purposes of this Ttitle, a type V/ employee housing unit is an employee housing unit which shall be governed by a written management plan or other written program approved by the Pplanning and Eenvironmental Csommission. The management plan is the principal document in guiding the use of a type VI employee housing unit. The management plan shall be reviewed and approved by the Pplanning and Eenvironmental Csommission as part of the conditional use permit application for a type VI employee housing unit in accordance with the provisions of Cshapter 16 of this Ttitle. 1. Management Plan; Required Contents: e. Affidavit: No later than February 1 of each year, the owner of a type V/ employee housing unit shall submit two (2) copies of a sworn affidavit to be obtained from the De~epartment of Csommunity Qdevelopment, to fhe Ddepartment of Csommunity De~evelopment setting forth evidence establishing that the employee housing unit has been used in .compliance with the management plan. f. Other Items: Such other items as the Pplanning and Eenvironmental Csommission or the Aadministrator may deem necessary to the proposed management plan. g. Amendments: Amendments to an approved management plan shall be reviewed by the Pplanning and Eenvironmental Csommission in accordance with this Ssection. . CHAPTER 12-14: SUPPLEMENTAL REGULATIONS SECTION 12-14-1: APPLICABILITY: SECTION 12-14-10: APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: SECTION 12-14'-11: APPLICATION AND INTERPRETATION OF LOT LINES: SECTION 12-14-12: HOME OCCUPATIONS: SECTION 12-14-13: REGULATIONS APPLICABLE TO PARTICULAR USES: SECTION 12-14-1.5: SIGN REGULATIONS: SEGTION 12-14-16: PROPERTY OWNER MAINTENANCE RESPONSIBILITY: SECTION 12-14-17: SETBACK FROM WATERCOURSE: SECTION 12-14-18: BED AND BREAKFAST OPERATIONS: SECTION 12-14=19: SATELLITE DISH ANTENNAS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confusion among applicants, or they can be corrected, projecting a more professional look for the Code. ISSUE The term zone district is improperly referred to as a district. 129 OPTIONS If no change occurs, applicants may be confused by the reference to zone districts and districts. The changes will alleviate any confusion and ambiguity. RECOMMENDED AMENDMENTS 12-14-1: APPLICABILITY.• The provisions of this Cshapter shall be effective in all zone districts or, where specified, in particular zone districts, and shall be in addition to the regulations prescribed for each zone district. 12-14-10: APPLICATION AND INTERPRETATION OF HEIGH7 LIMITS: Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than Twenty True percent (25%) of the perimeter of the portion of the structure to another portion o1 'the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining .,height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shall be made by the Aadministrator. 12-14-11:. APPLICATION AND INTERPRETATION OF LOT LINES: Where a lot or site does not have frontage on a street, or, where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the site, or by means of a private driveway, road, or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined from said front lot line #here#exn. A portion of a lot or site less than twenty feet (20) in width providing access from a street.to the principal portion of the site shall not be used in calculating permitted gross residential floor area on the site. 12-14-12: HOME OCCUPATIONS: A. Permit Required: The conduct of a home .occupation, where permitted as an accessory use by the provisions of this Ttitle, shall be subject to issuance of a home occupation permit.by the Aadministrator. Application shall be made on a form prescribed by the Aadministrator, and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in i detail the manner in which the home occupation will conform to the requirements of this Cshapter. B. Application Contents: An application for a home occupation permit shall be made upon a form provided by the 130 Aadministrator. The application shall be supported by documents, maps, plans, and other material as requested by the Aadministrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance, and title reports. C. Permit Issuance And Findings: After review of the. application, the Aadministrator may issue a home occupation ~'~ permit if he/she finds that the proposed use will conform to the requirements of this Cshapter. The permit may be subject to! such conditions as the Aadministrator deems necessary to guarantee operation of the home occupation in accordance with the requirements of this Cshapter and compatibly with other uses in the vicinity. The Aadministrator shall deny the application if he/she finds that the proposed use will not conform to the provisions of this Cshapter, or would be injurious or detrimental to other properties in the vicinity. D. Permit Time Limit; Renewal: Home occupation permits, when issued, shall be for a limited time period not exceeding one year. Permits shall be renewable. upon application, subject to such regulations ~ as shall be in effect at fhe time of application for renewal. The. Aadministrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit. 12-14-13: REGULATIONS APPLICABLE TO PARTICULAR USES: The regulations set out in Ssection 12-14-14 of this Cshapter shall be applicable to the uses listed in that. Ssection in any zone district in which the use is a permitted use or a conditional use. 12-14-15: SIGN REGULATIONS: All signs shall be regulated in accordance with the provisions of T#it/e 11 of this Csode. The Ttown Csouncil may by ordinance provide for the administration and enforcement of the provisions of Ttitle 11 by the Aadministrator or other administrative of~cia/, and may provide for review and approval procedures pursuant to Ttitle 11 by the Delesign Rreview Bboard established by this Ttitle. 12-14-16: PROPERTY OWNER MAINTENANCE RESPONSIBILITY. Property owners shall be responsible for improving the area from their property line fo the edge of roadway, including necessary drainage. Improvement of the area shall be designed so as not to impede snow plowing or impair visibility at street intersections, which improvement shall be approved by the Ddepartment of Ppublic Works. . 12-14-17: SETBACK FROM WATERCOURSE: Minimum setback from'a creek or stream shall be not less than 131 thirty feet (30) from the center of the established creek or stream channel as defined by the Ttown Csomprehensive Phalan ~ base maps; provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed: 12-14-18: BED AND BREAKFAST OPERATIONS: C. Compliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the Pplanning and Eenvironmental Csommission after June 12, 1990, or to operate in violation of any of the provisions of this Csode. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions of this Ttitle. E. Review Of Decision: The Tfown Csouncil, the applicant, adjacent property owner or the Ttown Mmanager, may appeal/call up to fhe Tlown Csouncil for review any decision made by the P,elanning and Eenvironmental Csommission regarding a conditional use permit for bed and breakfast as per Ssection 12-3- 3 of this Ttitle. 12-14-19: SATELLITE DISH ANTENNAS: A: Purpose: The purposes of this Ssection is are as follows: 2. To protect and support fhe aesthetic concerns of the Ttown, a reson` community which must remain aesthetically pleasing to visitors to remain economically viable. C. Application; Review: Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the Ttown shall submit an application to the Ddepartment of Csommunity Ddevelopment for review. The application shall set forth .the following: 1. Completed De-esign Rreview B~board application form. 2. Site plan showing proposed location of the satellite dish antenna. 3. Description of the satellite dish antenna (i.e., size, design, materials, etc). 4. Color sample (if applicable). 5. Landscape plan (if applicable). 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of'the Ddepartment of Csommunity Ddevelopment. Upon receipt of application, it shall. be reviewed by the Ddepartment of Csommunity Ddevelopment. If the Ddepartment of Csommunity Ddevelopment determines that the requirements set forth herein have been met, they shall forward the application to the De-esign Rreview B,board for consideration of whether or not the satellite dish antenna meets the requirements set forth herein 132 in Ssubsection 12-11-5H of this Tfitle. D. Compliance With Requirements; Variance: 1. Requirements: Satellite dish antennas shall comply with the following requirements: . a. No more than one satellite dish antenna shall be allowed on any lot as delineated on the Official Zoning Map a#-fawn gm~. g. Issuance of a building permit from the Ddepartment of Csommunity De-evelopment shall be required prior to the installation of any satellite dish antenna. h. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in Ssubsection 12-3-6C of this Tfitle: Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the Ddepartment of Csommunity Ds(evelopment by the applicant. i. Due to the special aesthetic importance of the core areas of the Ttown, exterior installations of satellite dish antennas in Csommercial Csores 1, 2, Lionshead Mmixed Use 1, and Lionshead Mmixed U~rse 2 ~er~e De-istricts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. CHAPTER 12-15: GROSS RESIDENTIAL FLOOR AREA (GRFA): SECTION 12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT: ISSUE There are numerous capitalization errors. OPTIONS The errors can remain, but will make this chart look unprofessional. These words should be capitalized. Zone Districts GRFA Ratio GRFA CREDITS (Added to results of application of Percents e HR 0.43 of site <_ 10, 000 sq. ft., plus None Hillside 0.25 of site area > 10, 000 and 5 Rresidential 22,000 sq. ft, plus 0.07 of site area > 22, 000 s . ft. 133 SFR 0.40. of site area. _< 10, 000 sq. ft., None Single-F#amily plus Rresidential 0.13 of site area > 10, 000 s . ft. R 0.46 of site area <_ 10, 000 sq. ft., None Two-F#amily plus R~esidentia/ 0.38 of site area > 10, 000 and <_ 15, 000 sq. ft., plus 0.13 of site area > 15, 000 and s 30, 000 sq. ft., plus . 0.06~of site area > 30, 000 s . ft. PS 0.46 of site area _< 10, 000 sq. ft., .None Two-F€amily plus P~arimary/ 0.38 of site area > 10, 000 and <_ Ssecondary 15, 000 sq. ft., plus Rresidential 0.13 of site area > 15, 000 and <_ 30,000 sq. ft., plus 0.06 of site area > 30; 000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA RC 0.36 of buildable area None Residential Csluster LDMF 0.44 of buildable area None Low Ddensity M~aultip/e- F#amil MDMF ~ 0.56 of buildable area None Medium Ddensity Mmultip/e- F#amil HDMF 0.76 of buildable area None High Ddensity Mmultiple- F#amil H Per P~Slanning and None Housing Eerivironmenta/ Csommission a royal PA 0.80 of buildable area None Public Aaccommodation CC1 0.80 of buildable area None Commercial Clore 1 CC2 0.80 of buildable area None Commen;ia/ Clore 2 134 CC3 0.30 of buildable area None Commercial Clore 3 CSC 0.40 of buildable area None Commercial (GRFA shall not exceed 50% of Sservice Center the center total building floor area on an site ABD 0.60 of buildable area None Arterial Bbusiness HS None permitted None Heav Sservice LMU-1 2.5 of buildable area None Lionshead Mmixed Utrse 1 LMU-2 2.5 of buildable area None Lionshead Mmixed U~rse 2 A 2, 000 sq. ft. None Agricultural and Oe en Ss ace OR None permitted. None Outdoor Rrecreation P None permitted None Parkin GU Per Pplanriing and None General U~rse Eenvironmenta/ Csommission a royal NAP None permitted None Natural Aarea P reservation SBR Per Ttown Csouncil approval None Ski Bbase/Rrecreation SDD Special Per underlying zoning or per development plan approval by None Ddevelopment Ttown Csouncil Ddistricts SBR2 Per P~Slanning and None Ski Eenvironmental Csommission Bbase/Rrecreation approval 2 SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: SECTION 12-15-4: INTERIOR CONVERSIONS: 135 ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. RECOMMENDED AMENDMENTS 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: 12-15-3A: Within The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS), Districts: 1A: (4) Attic Areas With ~ls Non-truss System: Attic areas created by construction of a roof structure utilizing a r~+ss non-truss system, with spaces greater than live feet (5) in height, if all of the following criteria are met: (5) Attic Areas With ~Ale~rss Non-truss System: Attic areas created by construction of a roof structure utilizing a ~s non-truss system,. with spaces greater than five feet (5.) in height, if all of the following criteria are met: 2. Additional Calculation Provisions: (2) If a roof structure is designed utilizing a mss non-truss system, and spaces greater than ttve feet (5) in height result, these areas shall not be counted as GRFA if all of the following criteria are met: 12-15-4: INTERIOR CONVERSIONS: B. Applicability: Within all zone districts except the Single- Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential ~eside~ial (PS) Ddistricts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satistted: 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 (~erein. C. Standards: 3. Proposals for GRFA pursuant to this Ssection may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two (2) vertical 136 foot limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces: The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per the minimum necessary requirement for the adopted building code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window wells. Subject to design approval, dormers maybe considered an .exterior modification in conjunction with interior conversions permitted by this Ssection. Prior to approval of proposed dormers or regrading for windows or doors as described above, the staff or the Ddesign Rfeview Bboard shall find that. they do not add significantly to the bulk and mass of the building and are compatible with the overall scale, proportion, and design of the ' building. For the purpose of this Ssection, "dormers" are defined as a vertical window projecting from a sloping roof of a building, having vertical sides and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. D. Process: Applications shall be made to the Ddepartment of Csommunity Ddevelopment staff on forms provided by the Ddepartment. Applications for interior conversions to single-family, two-family, primary/secondary or multi-family dwelling units located in a Sspecia/ Ddevelopment Ddistrict (SDD) pursuant to this Ssection shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall. be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in common '. (condominium association) or jointly with other property owners such as driveways, A/B .parcels or _ C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion Ssection. Submittals shall include: 1. Application fees pursuant to the current fee schedule. 2. Information and plans as set forth and required by Ssubsection 12-11-4C of this Ttitle or as determined by the Ddepartment of Csommunity Ddevelopment staff. Applicants need to submit as built floor plans of the structure so that staff can identify the existing building from any new additions that have occurred after . the approval of this Cshapter. 3. Proposals deemed by the D6iepartment of Csommunity De~evelopment staff to be in compliance with Phis Ssection and all applicable zoning and development regulations shall be approved by the Ddepartment of Csommunity Ddevelopment .or shall be 137 forwarded to the Ddesign Rreview B,board in accordance with Cshapter 11 of this Ttitle. Proposals deemed to not comply with this Ssection or applicable zoning and development regulations shall be denied. 4. Upon receiving approvals pursuant to this Ssection, applicants shall proceed with securing a building permit prior to initiating construction of the project. 5. Any decisions of the Ddeparfinent of Csommunity Ddevelopment pursuanf to this Ssection may be appealed by any applicant in accordance with the provisions of Ssection 12-3-3 of this T#itle. SECTION 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): ISSUE In granting additional GRFA as regulated by the 250 Ordinance, there has been a lack of efficiency in the process due to the requirement for review by the Design Review Board in cases where the property is in compliance with all regulations but will have. exterior alterations. In this case, there is generally little or no impact to the property itself and the surrounding properties. A review by the DRB has added a burden to the process for applicants even when no improvements are required. OPTIONS If no changes are made, the 250 Ordinance will continue to reside under an inefficient .process: The. purpose of the 250 Ordinance was to allow for a slight addition in GRFA while requiring improvements to the property In cases where compliance is determined, it would create a more efficient process for all review to be made by the Department of Community Development. 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): 8. Applicability: The provisions of this Ssection shall apply to dwelling units in all zone dstricfs except the Ssingle-F#amily Rresidential (SFR), Ttwo-F#amily Rresidential (R), and Ttwo- F#amily Pprimary/Ssecondary Rresidential (PS) D6tistricts. C. Single-Family Dwellings And Two-Family Dwellings. In Zone Districts Other Than The Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS) Districts: Asingle-family or two-family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not fo exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can . be granted, the single-family or two-family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: Asingle-family or two-family dwelling unit shall be eligible for additional GRFA, pursuant to this Ssection, if it 138 is in existence prior to November 30, 1995, or a completed Ddesign Rreview Bboard application for the original construction of said unit has been accepted by the D6leparfment of Csommunity Ddevelopment by November 30, 1995. In addition, at least flue (5) years must have passed from the date the single- family dwelling or two-family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at 'the time of completion, from the date of original completion .and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under. this provision shall comply with all Ttown zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be , approved by the Pplanning and Eenvironmental Csommission pursuant to Cshapter 17 of this Ttitle before an application is made in accordance with this Ssection. The applicant must obtain a building permit within one year of final Pplanning and Eenvironmental Csommission approval or the approval for additional GRFA shall be voided. D. Multi-Family Dwellings: Any dwelling unit in amulti-family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) .square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: Amultiple-family dwelling unit shall be eligible for additional GRFA, pursuant to this Ssection, if it is in existence prior to November 30, 1995, or a completed D6lesign Rreview B,board application for the original construction of said unit has been accepted by the t~epartment of Csommunity Ddevelopment by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all T#own zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Pplanning and Eenvironmental Csommission pursuant to Cshapter 17 of this Ttitle before an application is made in accordance with this Ssection. The applicant must obtain a building permit within one year of final Pplanning and Eenvironmental Csommission approval or the approval for additional GRFA shall be voided. E. Procedure: 1. Application; Content: Application shall be made on forms provided by the Ddepartment of Csommunity Ddevelopment. If the 139 property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a lefter of approval or signature on the application. The application shall also include: a. A fee pursuant to the currenf schedule shall be required with the application. b. Information and plans as set forth and required by Ssubsection 12-11-4C of this Ttitle. c. Any other applicable information required by the . Ddepartment of Csommunity Deievelopment to satisfy the criteria outlined in this Ssection. 2. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the Da~esign Review Bboard shall set a date for a hearing in accordance with Ssubsection 12-11-4C2 of this Ttitle. The hearing shall be conducted in accordance with Ssubsections 12-11-4C2 and C3 of this Ttitle. vu°-~ir~u°-l~rrl~[-fJYGr~ tte~cr~res tttCtt--}crTa"-voice`-ter ~~YYr 6ti-Flit: f'HHH1~. r: ~ . 34: Compliance Required: If the Ddepartment of Csommunity D6levelopment staff determines that the site for which. additional GRFA is applied for pursuant to this Ssection does not comply with minimum Ttown landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance wifh such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Ttown minimum standards, which plans and materials shall be reviewed by and approved by the De-epartment of Csommunity Ddevelopment. 45. Building Permit: Upon receiving the necessary approvals pursuant to this Ssection, the applicant shall proceed with the securing of a building permit prior to beginning the .construction of additional GRFA. 140 CHAPTER 12-16: CONDITIONAL USE PERMITS: SECTION 12-16-2: APPLICATION; CONTENTS: SECTION 12-16-3: FEE: SECTION 12-16-4: HEARING: SECTION 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: SECTION 12-16-6: CRITERIA; FINDINGS: SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors-can remain, but looking at the sheer volume of errors, it is necessary to fix them. RECOMMENDED AMENDMENTS 12-16-2: APPLICATION; CONTENTS: G. A list of the owner or owners of record of the properties adjacent. to the subject property which is subject of the hearing. Provided, .however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member: of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of.the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent fo be notified to be used for the mailing of the notice of hearing. It will be the applicant's ayeptisants responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. 12-16-3: FEE: The Ttown Csouncil shall seta conditional use permit fee schedule sufficient to cover the cost of Ttown staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. 12-16-4: HEARING: Upon receipt of a conditional use permit application, the Pplanning and Eenvironmental Csommission shall set a date for hearing in accordance with Ssubsection 12-3-6C, "Nnotice" of this Ttitle, shall be given, and the hearing shall be conducted in accordance with Ssubsections 12-3-6C and D of this Ttitle. 14.1 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the Pplanning and Eenvironmental Csommission shall act on the .application. The Csommission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Ttitle, or the Csommission may deny the application. A conditional use permit may be' revocable, 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. 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional. use permit application, the Pplanning and Eenvironmental Csommission shall consider the following factors with respect to the proposed use: , 6. The Eenvironmental limpact Rreport concerning the proposed use, if an Eenvironmental limpact Rreport is required by Cshapter 12 of this Ttitle. B. Necessary Findings: The Pplanning and Eenvironmental Csommission shall make the following findings before granting a conditional use permit: 1. That fhe proposed location of the use is in accordance with the purposes of this Ttitle and the purposes of the zone district in which the site is located. 12-16-7: (1SE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Ssection 12-16-6 of this Cshapter. A. Uses And Criteria: c. The number, size and location of vehicles permitted to be stored shall be determined by the Pplanning and Eenvironmental Csommission based on the adequacy of the .site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses. 10. Home Child Daycare Facility: b. A state of Colorado license is required to operate a childcare home and a current copy of the license shall be kept on frle in the 142 Ttown of Vail Csommunity De-evelopment Dslepartment. d. The proposed coordinated mixed use development containing the single-family and/or two-family residential dwellings is consistent with the intent and objectives of the Lionshead Rfedevelopment Mmaster P~Slan. CHAPTER 12-17: VARIANCES: SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The .errors can remain, but looking at the sheer volume of errors, it is necessary to ~x them. ISSUE The term "zone district" is improperly labeled as "district." OPTIONS If the error remains, applicants may be confused by the term. The .proposed text amendments ensure that zone district is the universal term in the Code. RECOMMENDED AMENDMENTS 12-17-1: PURPOSE: B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, ,building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Cshapter 11 of this Ttitle, governing physical development on a site. C. Use Regulations Not Affected: The power fo grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this Ttit/e is provided by Cshapter 16, "Conditional Use Permits° and by Ssection 12-3-7, "Amendment" of this Ttitle. 12-17-2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provided by the Aadministrator. The application shall be supported by documents, maps, plans, and other material containing the following information: E. Such additional material as .the Aadministrator may prescribe or the applicant may submit pertinent to the application 143 and to the findings prerequisite to the issuance of a variance as, prescribed in Ssection 12-17-6 of this Cshapter. 12-17-3: FEE: The Ttown Csounci! shall set a variance fee schedule sufficient to cover the cost of Ttown staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable. 12-17-4: HEARING: Upon receipt of a variance application, the P~Olanning and Eenvironmental Csommission shall set a date for hearing in accordance with Ssubsection 12-3-6B of this Ttitle. Notice shall be given, and the hearing shall be conducted in accordance with Ssubsections 12-3-6C and D of this Ttitle. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the Pplanning and Eenvironmental Csommission shall act on the application. The Csommission may approve the application as submitted or may approve the. application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Ttitle, or the Csommission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Csommission may prescribe. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the Pplanning and Eenvironmental Csommission shall consider the following factors with respect to the requested variance: B. Necessary Findings: The Pplanning and Eenvironmental Csommission shall make the following findings before granting a variance: 1. That the .granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Ttitle. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. CHAPTER 12-18: NONCONFORMING SITES, USES, STRUCTURES AND SITE 144 IMPROVEMENTS: SECTION 12-18-3: SITES: SECTION 12-18-4: USES: SECTION 12-18-5: STRUCTURE AND SITE IMPROVEMENT: SECTION 12-18-7: DISCONTINUANCE: SECTION 12-18-8: CHANGE OF USE: SECTION 12-18-9: RESTORATION: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. ISSUE The term "zone district" is improperly labeled as "district." OPTIONS If.the error remains, applicants may be confused by the term: The proposed text amendments ensure that zone district is the universal term in the Code. 145 RECOMMENDED AMENDMENTS 12-18-3: SITES: , Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this Ttitle for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this Ttitle. No such site shall be further reduced in area or dimensions. 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this Ttitle for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. 12-18-5: STRUCTURE AND S/TEIMPROVEMENT.• Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this Ttitle for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: 12-18-7: DISCONTINUANCE: Any nonconforming use which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to ~it# the provisions of this Ttitle. 12-18-8: CHANGE OF USE: A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Ttown Csouncil. Prior to granting such permission, the Csouncil shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. 12-18-9: RESTORATION: Whenever a nonconforming use which does not conform with the regulations for the zone district in which it is located, or a nonconforming structure or site improvement which does not 146 conform with the requirements for setbacks; height, density control, building bulk control or site coverage is destroyed by fire or other calamity, by acf of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construction must conform to the applicable adopted building codes, fire codes and other relevant codes regarding safety and construction which are in effect at the time rebuilding is proposed. CHAPTER 12-19: VESTED PROPERTY RIGHTS SECTION 12-19-2: DEFINITIONS: ISSUE Special Development District should be capitalized. OPTIONS The error can remain, which would not alter content. However, the change is necessary to promote a professional looking Code. RECOMMENDED AMENDMENT 12-19-2: DEFINITIONS: SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District dot development CHAPTER 12-20: ANNEXED AREAS: SECTION 12-20-3: DESIGNATED ON ZONING MAP ISSUE The term "zone district" is improperly labeled as "district." In addition, the "Zoning Map" should be called the "Official Zoning Map." OPTIONS If the error remains, applicants may be confused by the term. The .proposed text amendments ensure that "zone district" and "Official Zoning Map" are the universal terms in the Code. RECOMMENDED AMENDMENT 12-20-3: DESIGNATED ON OFFICIAL ZONING MAP: The zone wing districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of this Title. 147 CHAPTER 12-21: HAZARD REGULATIONS: SECTION 12-21-3: MASTER HAZARD PLANS: SECTION 12-21-10: DEVELOPMENT RESTRICTED: SECTION 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: SECTION 12-21-15: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain without issues arising, it is necessary to fix them in order to have a more professional Code. ISSUE The Primary/Secondary District is improperly labeled as Duplex. OPTIONS If left as is, applicants may be confused by the listing of a zone district that does not exist. The change to PS is necessary to relieve ambiguity. ISSUE The definition of slope contains procedures for calculation of slope, but there is no procedure listed in the Hazard Regulations. OPTIONS The procedure could remain in the definition, but this change has been proposed in this document. In order to clarify the process on how to determine a slope of 30% or greater, this Section requires this text .amendment which outlines procedure for determining slope in hazardous areas. . RECOMMENDED 12-21-3: MASTER HAZARD PLANS: . The Town Manager shall formulate and develop Master Hhazard Pplans for the Town. Said Hhazard Pplans shall be based on engineering studies and shall indicate the location of known flood plains, avalanche and geological hazard zones , of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the plans may show any other information or data deemed to be desirab/e.by the Town Manager. Maximum citizen participation during the formulation of the Mmaster Hhazard Pplans as well as other phases of the information implementation of the hazard studies and regulations; shall be encouraged. The purpose of the IIM~aster Hhazard Pplans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the Town by means of presenting in an orderly fashion the general data and information which are essential to the 148 understanding of the relationship between the hazards and improvements located within said areas. The Mataster H#azard Pplans may be altered from time to time to conform to witq new information or existing conditions. 12-21-10: DEVELOPMENT RES1~?ICTED: D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate again-st the possible hazard. If mitigation is required, said information and report should specify the improvements proposed f~~f~ in the blue avalanche hazard zone. The required information and reports shall be done in accordance with Chapter 12 of this Title. 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: Slope is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope': In determination of "slope" as defined .herein, for use in establishing buildable area requirements and .maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10~ modules shall be superimposed on a topographic map. of the subject property and the lot slope determination established by the defined method for each one hundred (100) square feet grid portion of the Tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single- Family Residential, Two-Family Residential or Two-Family Primary/Secondary Residential resie~ex~ial zene D~iistrict where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): 1. The Aadministrator may require an Eenvironmental limpact Rreport as provided in Ssection 12-12-2 of this Ttitle. K. Setbacks, as they apply fo this Cshapter, as required by Ssections 12-6A-6, 12-68-6, 12-6C-6 and 12-6D-6 of this Tlit/e, are amended as follows: there shall be no required front setback for garages, except as may be required by the Ddesign Rfeview Bboard. Garages located in the front setback, as provided for in this Ssection, shall be limited to one story in height (not to exceed 149 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the Ddesign Rreview Bboard. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the Ddesign Rfeview Bboard when associated with a permitted garage as referenced in Ssubsection K of this Ssection. 12-21-15: RESTRICTIONS /N GEOLOGICALLY SENSITIVE AREAS: 8. Investigation:. 2. The extent of the site-specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for. the investigation; however, the investigation shall be of su~cient thoroughness and accuracy to allow such expert to certify to the following: a. For all structures other than single-family and two-family, dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Code: b. For single-family and two-family, ~(uple~-aid dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title, the site-specific geologic investigation shall certify to the.following: C. Development Plan Or Building Permit: Following the completion of the site-specific geological investigation and its review by the. Department of Community Development, .a ,development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and two-family, dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title. 2. For single-family and fwo-family, e4rplex and siagF dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title: F. Notice Requirements 4. All owners, lessees lessees or agents who rent, lease. or sublef any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental Iease or sublease will extend into the period ofApril 1 Through July 1 of any year. 150 CHAPTER 12-22: VIEW CORRIDORS: SECTION 12-22-2: DEFINITIONS: SECTION 12-22-5: AMENDMENTS: SECTION 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: SECTION 12-22-7: NONCONFORMING STRUCTURES: ISSUE The definition of Structure is different in the View Corridors Chapter than the rest of the Zoning Regulations. This may confuse applicants who look at the wrong definition. OPTIONS Leaving the definition as is may cause confusion as to what is considered a structure in the view corridor. This text amendment will alleviate any confusion by pointing out that this definition is only applicable to this Chapter. ISSUE There are numerous grammatical errors. OPTIONS The mistakes can remain, which will not solve the problem of a grammatically incorrect Code. In order to alleviate confusion with grammar, correction of this Chapter should occur. RECOMMENDED AMENDMENTS 12-22-2: DEFIN/ TIONS STRUCTURE: For the purposes of this Chapter, a,4nything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or any similar. object. 12-22-5: AMENDMENTS: An amendment of the regulations of this Cshapter, including , a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the Ttown Csouncil on its own motion, by the Pplanning and Eenvironmental Csommission on its own motion, or by application of any resident or property owner in the Tfown, or by the Aadministrator or his/her designee. A. Application Information For Amendments: An application for the amendment of the provisions of this Cshapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Ddepartment of Csommunity Dsieve/opment on a form to be prescribed by the Aadministrator. The application shall include the following information: C. Criteria For Amendments: The Town Council shall only 151 approve an amendment to this Chapfer adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail Land Use Plan, Town policies; and U~-rban Ddesign Gguide Pp/ans and other adopted master plans, and meets all of the following criteria: 12-22-6: ENCROACHMENTS . INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the Town, or by the Administrator orhis/her designee. C. Criteria For. Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that ~ the encroachment .meets all of the following criteria: 4. That the development proposed by the applicant complies with applicable elements of the Vail Land Use Plan, Town policies, Urban D6lesign Gguide P~alans, and other adapted master plans. 12-22-7: NONCONFORMING STRUCTURES: D. Restoration: Whenever a nonconforming structure which does not conform to # the provisions of this Chapter is destroyed by Lire or other calamity, by act of God, or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width, or mass, than the encroachment which existed prior to destruction. 152 TITLE 13: SUBDIVISION REGULATIONS CHAPTER 13-2: DEFINITIONS SECTION 13-2-2: DEFINITIONS ISSUE There are grammatical errors in this Section. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. RECOMMENDED AMENDMENTS 13-2-2: DEFINITIONS: When used in this Ttitle, .the following words and phrases shall have the specific meanings as defined in this Cshapter.• ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the T~town Eengineer as per ,the design standards (Cshapter 1 D of this Ttitle). ADMINISTRATOR: The Aadministrator of the Ddepartment of Csommunity Ddevelopment or hislher designee. DEDICATION: A grant by the owner of a right to use land to the public in general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the Ttown. FINAL APPROVAL: Approval by the Pplanning and Eenvironmental Csommission of the final plat or approval of the council if appealed. Planning and Eenvironmental Csommission final approval does not take place until eleven (11) days after the Pplanning and Eenvironmental Csommission decision on the final plat, if the Csouncil does not appeal. PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the Pplanning and Eenvironmental Csommission for approval. SUBDIVISION OR SUBDIVIDED LAND: C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the Ttown or law or regulations of the state. F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Ttown of Vail as a legally subdivided lot, and which shall contain single-family or primary/secondary 153 detached dwelling units. Each such dwelling unit shall be separated from any other dwelling unit by space on all sides. For zoning purposes, the lots created by asingle-family subdivision shall be treated as one lot. ISSUE There are many terms in the Subdivision Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of these regulations. OPTIONS Without any changes, the Subdivision Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions Chapter of the Subdivision Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS 93-2-2: DEFINITIONS AS-BUILT PLAN: The final development plan that reflects the constructed subdivision. BIKE PATH: A corridor for use by bicycles and .pedestrians, prohibited for use by motorized vehicles. CULVERT: A ditch, drain or conduit, not incorporated in a closed, system, that carries .drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure DRAINAGE: Surface water runoff or the removal of surtace water or groundwater from land by drains, grading or other means, which include runofif controls to minimize erosion and sedimentation during and after construction or development. ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment, as further regulated by Chapter 72-72, Environmental Impact Reports. SOIL STABILITY ANALYSIS: A study conducted fo determine the status of the soil on a property: ISSUE There are many definitions in other Chapters that are not also listed in this comprehensive Definitions Chapter of Title 13. OPTIONS We can keep separate Definitions Sections in various Chapters for terms that only apply 154 to those Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms for this. Title. A comprehensive Definitions Section makes the Code more user-friendly and helps ensure applicants are aware of all definitions. RECOMMENDED AMENDMENTS 73-2-2: DEFINITIONS: BUILDING CONNECTION SEWER: A sewer within a public street or right of way, proposed to connect any parcel, lot, or part of a lot with a main line sewer. BUILDING SEWER: A sewer, wholly within private property, proposed to connect any building fo a building connection. BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this Title for condominium units. CONDOMINIUM CONVERSION: The development or use of the land and existing structures as : a condominium project regardless of the present ,or prior use of such lands and structures, and .regardless of whether substantial improvements have been made to such structures. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unit. CONTRACTOR:' The individual, partnership, corporation, joint venture, or other legal entity performing the work. In the case of work being performed under permit issued by the Town, the permittee shall be construed to be .the contractor. DAYS: Consecutive calendar days, unless otherwise specified. DECLARATION: An instrument recorded pursuant to the statutes of the State and which defines the character, 155 duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at /east one person who is an employee in Eagle County. INDIVIDUAL AIR SPACE. UNIT: Consists of any enclosed room or rooms occupying all or part of a floor or floors of a building of one or more floors to be used for residential, professional, commercial or industrial purposes, which has access to a public street. INSPECTOR: An authorized representative of the Public Works Director, assigned to make any or all necessary inspections of materials furnished and work performed by the contractor. MODERATE INCOME: Shall be as defined from time to time by the Town Council. PLANS: The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Town Engineer or Building Official, which show the location, character, dimensions, or details of the work. PRIVATE CONTRACT: Work subject to Town inspection, control, and approval, involving private funds, not administered by the Town. REFERENCE SPECIFICATIONS: Those bulletins, standards, rules, methods of analysis or tests, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the, permit, unless specifically referred fo by edition, volume, or date. SERVICE CONNECTION: All or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. 156 SPECIAL PROVISIONS: Any written provisions which supplement or.modify these specifications. SPECIFICATIONS: Standard specifications, reference'I specifications, special provisions, and specifications in' supplemental agreements between the contractor and the Town. STANDARD PLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number. STORM SEWER: Any conduit and appurtenances intended the reception and transfer of storm water. SUPERINTENDENT: The executive representative for the contractor present on the work at all Times, authorized to receive and fulfill instructions from the Town Engineer and capable of superintending the work efficiently. SUPERVISION: Where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Town in becoming a party to the contract. Except as specifically stated herein, supervision by the Town shall not mean active and direct superintendence of details of the work. SURETY: Any individual, firm or corporation, bound with and for the contractor for The acceptable performance, execution, and completion of the work, and for the satisfaction of all obligations incurred. TOWN: The Town of Vail, County of Eagle, State of Colorado. UTILITY: Tracks, overhead or underground wires, pipe lines, ~ conduits, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of way or private easement. WORK: That which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor materials, supervision, tools and equipment. 157 ISSUE The term "primary/secondary" is contained in the Code numerous times, but in this case, it is used in the wrong context. OPTIONS If no change is made, the definition will remain confusing to applicants. The proposed text amendment will alleviate any confusion with regards to this definition. RECOMMENDED AMENDMENT 13-2-2: DEFINITIONS SUBDIVISION OR SUBDIVIDED LAND: F. Single-Family Subdivision: A subdivision of ari existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain asingle-family or pdmay~sesensla~ hnro- family detaskred dwelling wits. Each such dwelling unit shall be separated from any other dwelling twit by space on all sides. For zoning purposes, the lots created by asingle-family subdivision shall be treated as one lot. Staff Comment: The proposed text amendments are necessary to create a legally binding process for reviewing subdivisions. Criteria and Necessary Findings are the foundation for subdivision review and need to be clearly spelled out to subdividers and the commissions who review them. CHAPTER 13-3: MAJOR SUBDIVISIONS SECTION 13-3-3: PRELIMINARY PLAN: SECTION 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA SECTION 13-3-6: FINAL PLAT: SECTION 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE: ISSUE There are numerous grammatical errors. OPTIONS . The errors can remain or a text amendment can easily fix these mistakes. ISSUE The criteria for review of major subdivisions-are very vague. There are no applicable necessary findings for PEC and Town Council to find when reviewing major subdivision applications. OPTIONS 158 Currently, staff uses necessary findings from other places in the Code as a template. Staff feels that necessary findings need to be written into this Chapter to give PEC and the Town Council a legally binding procedure. The criteria also need to be more detailed, as shown in the proposed amendment. RECOMMENDED AMENDMENTS 13-3-3: PRELIMINARY PLAN: . B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the Planning and Environmental Commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the Director of Public Works or the Administrator) to the Department of Community Development: 1. The Eanvironmental I+mpact Report required. 73-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS: The Planning and Environmental Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. .The Planning and Environmental Commission shall consider fhe application, relevant additional materials, Staff report and recommendations as well as any other comments or public information given at the hearing. The Planning and Environmental Commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof .shall rest with the applicant to show that the application is in compliance. with the intent and purposes of this Chapter, the Zoning .Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under Ssubsection 13-3- 3C above. °T#Q oi'.,.,,.,., nnrl Cmiirnmm~nf.,l ~i+mminninn nh.+ll > > A. Before recommending approval, approval with conditions or disapproval of the Preliminary Plan, fhe Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivisior-: (7) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail 159 Comprehensive Plan and is compatible with the development objectives of the town; and (2). The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Tif/e 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and (3) The extent to which the proposed subdivision presents a harmonious, .convenient, workable relationship among land' ~ uses consistent with municipal development objectives; and ' (4) The extent of the effects on the future development of the surrounding area; and (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature. extension of public facilities, or result in a "leapfrog" pattern of development; and (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and - (9) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning.. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A of this Title. (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to 160 adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision 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 qualify. 13-3-6: FINAL PLAT: B. Requirements And Procedure: 1. Copies Required: The subdivider shall submit eight (8) copies of the final plat, two (Z) or more of which shall be mylars, twelve (12) copies of the final Eenvironmental I+mpact Rfeport and any additional material as required by Ssubsection B3 herein. The final plat shall substantially conform to the preliminary plan and shall include changes as required after consideration on a preliminary basis by the Planning and Environmental Commission. !f it does not substantially conform to the preliminary plan and include any revisions required by Planning and Environmental Commission, it shall be required to go back through preliminary plan procedures. Within thirty (30) days of receiving the complete and correct submittal for a final plat, the Planning and Environmental Commission shall hold a public hearing to consider the, final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. 3. Final Plat And Supplementary Material; Contents: The final plat and supplementary material shall contain .the .following information: q. Additional material which shall accompany the final plat includes, but is not limited to: (1) Complete and final Eenvironmental I+mpact Rfeport if required by the Zoning Ordinance. 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE: After final approval and acceptance of dedications (or payment in lieu thereof), applicable site improvement permits may be issued by the Department of Community Development and the Department of Public Works. The developer .may proceed with such additional requirements, permits or authorizations as may be required by this Title or regulations of the Town. No permits shall be granted or authorization to proceed in the event final approval is not granted or the provisions of Section 13-3-11 of this Chapter are not satisfied. No permits shall be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved Eenvironmental I+mpact Rreport or the final plat and associated material as approved. 161 SECTION 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: ISSUE When applications for major subdivisions are approved by the Planning and Environmental Commission, the Town Council only has 10 days to appeal the PEC decision. The ten days were written into the Code because at the time, Town Council met weekly, so ten days was enough time to appeal any decisions by PEC. ,However, now Town Council only meets twice a month, making ten days inadequate for appeals. OPTIONS One option would be to leave the time frame at ten days, which would continue to keep the Town Council from appealing PEC decisions. However, at the- request of Town Council, staff request that ten days be changed to twenty days, an adequate amount of time to appeal. RECOMMENDED AMENDMENTS 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: Within twenty (20) 'tefl-(~~} days the decision of.fhe Planning and' Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may appeal the decision of the Planning and Environmental Commission within twenty (20) ten--~1~} days of the Planning and Environmental Commission's action. If Council appeals the Planning, and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The .Council shall have thirty,(30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and .the Council shall conduct the appeal at a 'regularly scheduled Council meeting. CHAPTER 13-4: MINOR SUBDIVISIONS SECTION 13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-4-2: PROCEDURE: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS While the errors can remain with. little issue, the need for a professional looking Code necessitates that changes be made. ISSUE The procedures for review of minor subdivisions reference the procedures for major subdivisions. OPTIONS . 162 Leaving the cross reference as it is will not facilitate auser-friendly regulation for applicants. Rather than cross. referencing other Sections of the Code, it is necessary for each Section to spell out procedure for a legally binding process. In order to ensure that procedures cannot be challenged in court, we must have a solid regulatory tool in place. RECOMMENDED AMENDMENTS 13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Minor subdivisions", as defined in Section 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an Eenvironmental I+mpact Rfeport if required by Title 12, Chapter 12 of this Code. 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in Ssubsection 13-3-6B of this Title, with the provision that certain of These requirements maybe waived by the Administrator and/or the Planning and Environmental Commission if determined not applicable to the project. B. y,~~ PEC Public Hearing: /~~ ,./ ~61bMt6--~}Eaf~l~~1-a~f9TG~-iTrt~i '~7a,^~r~rRr~af}tt-~f} ~ nme,nf / Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the Planning and Environmental Commission shall hold a public hearing to consider the final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review And Action ~On Plat: The Planning and Environmental Commission shall review the plat and associated materials and shall .approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject fo mutual agreement between the Planning and Environmental Commission and subdivider. The review shall be based on the criteria and .necessary ftndings in Section 13-3-4 of this Title. 163 D. Appeal: ,4fl appe~-ef~e-F~lan~g and €-r~eyf-^~l .Within twenty (20) days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff: The Council may call up the decision of the Planning and Environmental Commission within twenty (20) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. CHAPTER 13-6: CONDOMINIUM AND TOWNHOUSE PLATS: SECTION 13-6-1: PLAT APPROVAL PROCEDURE: ISSUE The plat approval procedure in the Condominium. and Townhouse Plats Chapter reference another Subsection rather than list submittal requirements. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. Generally, applicants come in and receive an individual Chapter rather than the whole Code. So, if all of the information. is within the Chapter, there is no confusion. But, with all the referencing occurring, applicants may be confused or may not have all the necessary Chapters to get the whole picture :of the development review process. References to Chapter 11 are not a problem, because they are pointing users to sample certificates to be included on the plat. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that. occur with cross referencing in the Code. The best option is to place all submittal. requirements directly in this Chapter. This will not alter the content of the requirements, but will outline them in the proper Section. RECOMMENDED AMENDMENTS 13-6-1: PLAT APPROVAL PROCEDURE: A. General Qualifications: Condominium and townhouse plats which do not constitute "conversions" from rental as defined in Section 13-7-2 of this Title may be approved by the Administrator, subject to Department of Public Works review. The plat will be reviewed under two (2) general criteria: 164 7. Per Approved Plan: Administrator will check fo make sure the buildings and other improvements were built as per approved plan by the Design Review Board of the Town for consistency with the Zoning Code and other applicable regulations. 2. Compliance: The Administrator T^~•.n Cnninnc~r hill review the survey data for compliance with requirements found in Ssubsection 13-6-1B of this Chapter. B. Plat Submittal Requirements: The condominium or townhouse plat and supplementary material shall contain the following: include a-site-map-€elle~g--~-feguir~e~s-Qf al9ng~~h~~f~natNFe--B~-~}°~-~; R~~iliJinn rlimnnninnn m~~nf he nhnuin fn fhn nn~+rnnf nne fnnfh of ~+ (1) The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36") and shall be at a scale of one hundred feet to one inch (100' to 1') or larger with margins of one and one- ha/f to two inches (1 %" to 2') on the left and one-half inch (1/2') on all other sides. (2) Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. 165 . (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. ~ (5)An identification of the streets, alleys, parks, and other 'public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and .set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials- which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was determined. (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land .surveyor as outlined in Chapter 11 of this Title as to the accuracy of~ the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article 51. (11)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certihcate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust 16b and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (14)A certificate by the Treasurer of Eagle County as ouflined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. (15) Floor plans, elevations and cross sections as necessary to accurately determine individual air spaces and/or other. ownerships and if the project was built substantially the same as the approved plans. (16) A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. (17) Building locations must be included and tied to property corners with distances and angles. All property pins must be found or set and stated as such on map. CHAPTER 13-7: CONDOMINIUM AND CONDOMINIUM CONVERSIONS: SECTION 13-7-2: DEFINTIONS: SECTION 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: SECTION 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: ISSUE The definition of °Employee Housing Unit" references a Section in Title 12. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A do nothing approach will result in more confusion for applicants looking to properly utilize the Code. This change will provide a more comprehensive definition for this term. ISSUE There are numerous grammatical errors in this Chapter. OPTIONS The errors can remain or a text amendment can .easily fix these mistakes, making the Code more user-friendly. 167 RECOMMENDED AMENDMENT 13-7-2: DEFINTIONS EMPLOYEE HOUSING UNIT. Ses~en '-z-2-~~#1~i~srGede-A dwelling unit occupied by at least one person-who is an employee in Eagle County. 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion to employee housing units shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Ttown B,building Oefficial on the condition of the building, listing all building code violations, fire code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners, and the occupants of the building. B. Required Information: As part of the Pplanning and Eenvironmental Csommission's review of a conditional use permit request for conversion to employee housing units, the following submittal information shall be required: a report of the proposed conversion that includes a summary of the proposed ownership of the units; the approximate proposed sale price of units and financing arrangements to be provided by-the applicant; a written statement demonstrating compliance with the objectives outlined in the Vail Lland U~+se Pplan, with specific .reference to goal statements 3.1, 3.2 and 3.3; a draft set of condominium .declarations demonstrating compliance with the provisions of this Ttitle. These declarations will be reviewed again by the Ttown during the condominium platting process. C. Plans And Descriptions: Plans and descriptions showing how the following will be pen`ormed: 1. All site .work shall be brought up to current Ttown standards unless a variance from those standards #~~e€rem is granted to the applicant by the Pplanning and Eenvironmental Csommission in accordance with the variance procedures of Ttitle 12 of this code. The Pplanning and Eenvironmental Csommission may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the Bbuilding Oeffrcial. D. Maximum Sales Price: 1. Condominium Declarations: The provisions of this Ssubsection D shall be incorporated directly into the condominium declarations for any units converted pursuant to this Cshapter. The Ttown shall review and administer These documents to ensure compliance with these provisions. 2. Listing; Deposit; Sale: In the event that an owner desires to sell the unit, the owner shall execute a standard listing contract on 168 forms approved by the Colorado Rea! Eestate Csommission with the Tfown providing for a one hundred eighty (180) day listing period, or such other time period as required by the Tfown of Vail affordable housing guidelines in effect at the time of listing. At this time, .the owner shall deposit with the Tfown an amount equal to one-half percent (1/2%) of the estimated value of the unit. The Tfown shall promptly advertise the unit for sale by competitive bid to qualified buyers. At the time of closing, the owner shall pay to the Tfown an additional one and one-half percent (1 1/2%). 3. Restriction: In no event shall a unit be sold for an amount ("maximum sales price') in excess of the owner's purchase price, ,plus an increase of three percent (3%) of such price per year from the date of purchase to the date of owner's notice of intent to sell' (prorated at the rate of 0.25 percent for each whole month for any' part of a year). Nothing herein shall be construed to constitute a representation or guarantee by the Tfown that on sale the owner shall obtain the maximum sales price. 4. Determining Maximum Sales Price: c. In order to qualify as permitted capital improvements, the owner must furnish to the Tfown the following information with respect to the improvements which the owner seeks to• include in the calculation of maximum sales price: (1) Original or duplicate receipts to verify the actual costs expended by the owner for the permitted capital improvements; (2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and. (3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Tfown Bbuilding Ddepartment with respect to the permifted capital improvements. . d. For the purpose of determining the maximum sales price in accordance with this Ssection, .the owner may also add to the amount specified in Ssubsections D3 and D4a of this Ssection, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, or homeowners' association, provided that wriften certification is provided to the Tfown of both the applicable requirement and the information required by Ssubsections D4c(1) through D4c(3) of this Ssection. 5. Permitted Capital Improvements: a. The term "permifted capital improvements" as used in this Ssection shall only include the following: (1) Improvements or fixtures erected, installed or aftached as permanent, functional, . non-decorative nsxrdese~affve improvements to real property, excluding repair, replacement and/or maintenance improvements; c. All permifted capital improvement items and costs shall be approved by the Tfown staff prior to being added to the maximum resale price as defined herein. 6. Closing Costs, Other Consideration: Owner shall not permit any prospective buyer to assume any or all of the owner's customary 169 closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the owner to sell to such prospective buyer. 7. Procedure: In the event that one qualified bid is received equal to the maximum sales price herein established, the property shall be sold to such bidder at the maximum sales price; and in the event owner receives two (2) or more such bids equal to the maximum sales price, the qualified buyer shall be selected according to the priority for sale units set forth in the Ttown of .Vail Eemployee Housing Gguidelines; and, in the event that all.such qualified bidders are of equal priority pursuant to the guidelines, the qualified buyer shall be selected by lottery among the qualified buyers, whereupon the unit shall be sold to the winner of such lottery at the maximum sales price. If the lottery winner does not proceed to contract within five (5) business days after notification, the next in line will be notified and so on, .until the unit is under contract for purchase. Backup contracts in the priority order set forth in the lottery will be accepted.. Prospective purchasers must be prequalified by a lender prior to submitting a bid for a unit at the subject property/project. The seller may reject any and all bids; however, the owner is subject to the provisions in the Ttown of Vail employee housing guidelines pertaining to the listing fee. Bids in excess of the maximum sales price shall be rejected. If all bids are below maximum sales price, owner may accept the highest qualified bid. If all bids are below maximum sales price and two (2) or more bids are for the same price, the. qualified buyer shall be selected by lottery from among the highest qualified bidders. 8. 1Jonqualified Transferee: In the event that title to the unit vests by descent in individuals and/or entities. who are not qualified buyers as that term is defined herein (hereinafter "nonqualified transferee(s)'), the unit shall immediately be listed for sale as provided in Ssubsection D3 of this Ssection (including the payment of the specified fee to the Ttown), and the highest bid ,bit by a qualified buyer, for not less than ninety five percent (95%) of the maximum sales price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety five percent (95%) of the maximum sales price or the appraised market value, the unit shall continue to be listed for sale until a bid in accordance with this Ssection is made, which bid must be accepted. The cost of the appraisal shall be paid by the nonqualified transferee(s). c. The Ttown, or their respective successors, as applicable, shall have the right and option to purchase the unit, exercisable within a period of fifteen (75) calendar days after receipt of any sales offer submitted to the Ttown by a nonqualified transferee(s), and in the event of exercising their right and option, shall purchase the unit from the. nonqualified transferee(s) for a price of ninety five percent (95%) of the maximum sales price, or the appraised market value, whichever is less. The offer to purchase shall be made by the nonqualified transferee(s) within fifteen (75) days of acquisition of the, unit. 170 E. Enforcement: 1. In the event that the Ttown has reasonable cause to believe the owner is violating the provisions of this Ssection, the Ttown, by its authorized representative, may inspect the unit between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday, after providing the owner with no less than twenty four (24) hours' written notice. 2. The Ttown, in the event a violation of this Cshapter is discovered, shall send a notice of violation to the owner detailing the nature of the violation and allowing the owner fifteen (15) days to cure. Said notice shall state that the owner may request a hearing before th.e Vail Ttown Csouncil within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the owner shall be considered in violation of this Ssection. !f a hearing is held before the Vail Ttown Csouncil, the decision of the Ttown based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. If the Ttown determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shall be found to be in noncompliance. Penalties the Ttown may assess against the owner include eliminating resale gain (see Ssubsection D3 of this Ssection), and/or penalties found in Ssection 1-4-1 of this Csode. 5. In the event that the owner fails to cure any breach, the Ttown may resort to any and all available legal action,..including, but not limited to, specific pen`ormance of the requirements of this Ssection or a mandatory injunction requiring sale of fhe unit by owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the owner. 6. In the event of a breach of any of the terms or conditions, contained herein by the owner, his or her heirs, successors orl assigns, the Ttown's initial listed purchase price of the unit as set', forth in .this Ssection shall, upon the date of such breach as determined by the Ttown, automatically cease to increase as set forth in this Ssection, and shall remain fixed until the date of cure of said breach. 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. No New Conversions Allowed; Exception: There shall not be permitted any conversion of a lodge or accommodation unit within the Ttown to a condominium, except as provided for the provision of employee housing units. Employee housing units created pursuant to this Cshapter are subject to the definitions, requirements and provisions of Ttitle 12, Cshapters 13 and 16 of this Csode, as amended. 13-7-8: RESTRICTIONS ON UNJTS CONVERTED PRIOR TO FEBRUARY 7, 1995: A. Compliance: Any accommodation unit within _ the Ttown ~' 171 which has been converted to a condominium or has received approval for a conversion prior to the effective date of February 7, 1995, shall comply with the requirements of this Ssection. The requirements contained in this Ssection shall not apply to structures or buildings which contain two (2) units or less. CHAPTER 13-8: DUPLEX SUBDIVISIONS: SECTION 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS: ISSUE The approval and submittal requirements in the Duplex Subdivisions Chapter reference another Subsection rather than fist submittal requirements and procedure. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements and procedure directly in this Chapter. This will not alter the content of the requirements, but will outline them in the proper Section. RECOMMENDED AMENDMENTS 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS: B. Submittal Requirements: 2, Plat Submittal Requirements: The duplex subdivision plat shall. contain the following: a. The ftnal plat shall be drawn in India .ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24"x 36') and shall be at a scale of one hundred feet to one inch (1 DO' to 1 ") or larger with margins of one and one- half to two inches (1 %" to 2') on the left and one-half inch (1/2') on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements,. structures, areas to be reserved .or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). 172 (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (5)An identification of the streets, alleys, parks, and ofher public areas or facilities as shown on the • plat, and a .dedication thereof to the public use. An identification of the easements as shown or1 the plat and a grant thereof. fo the public use: Areas reserved for future public acquisition shall a/so be shown on the plat. (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the .subdivision, and a description of.all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. (8)A stafement by the land surveyor explaining how bearing base was determined. (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article 51. (11)A certificate by an attorney admitted to practice in the State, or corporate fit/e insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The. proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 1.1 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication 173 and ownership provide for ~ a dedication of land or improvement to the public, all benettciaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication. and ownership in addition to the fee simple owner thereof.. (14)A certificate by the Treasurer. of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. . (15) Declarations; Covenants: A copy of the declarations. and/or covenants attached to the subdivision to assure the maintenance of any common areas which are being created. C. Procedure: Upon receiving two (2) copies of a complete submittal along with payment of ~ the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review. The Administrator shall then. - conduct his/her review concurrently. The Town Engineer shall review the submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modifications. of the plat within fourteen (14) :days to the applicant. The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plan or failure to make other required modifications on the plat. SECTION 13-8-2: CRITERIA FOR REVIEW: ISSUE The criteria for review of a duplex subdivision are very vague and therefore, can_ be challenged in court. The Administrator needs to have criteria to evaluate a duplex subdivision, as well as necessary findings to make for each application. -The title of the Section needs to be updated to reflect any changes. . OPTIONS The option of leaving the criteria as they are could cause applications to be challenged in court, with weak criteria and no necessary findings clearly outlined in this Chapter. The .other option is the recommended text amendments that will clearly outline basic criteria and necessary findings. These criteria and necessary findings are the basic principles necessary to evaluate a duplex subdivision. 174 RECOMMENDED AMENDMENTS 13-8-2: CRITERIA AND NECESSARY FINDINGS ~^p ~~~~~~~^!• A. The following. criteria shall be used by the Administrator in evaluating the proposed subdivision. It shall be the burden of the applicant fo demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: (1) Compliance with all requirements of Title 12, Zoning Regulations; and (2) Conformity to Design Review Board approved plans; and (3) Accurateness and integrity of the survey data found on the plat. B. Necessary Findings: The Administrator shall find that the Duplex Subdivision complies with the criteria in Subsection 13-8-2A of this Article and that the plat conforms with the requirements of 13-8-18-2 of this Chapter. CHAPTER 13-9: SINGLE-FAMILY SUBDIVISIONS: SECTION 13-9-1: APPROVAL AND SUBMITTAL REQUIREMENTS: ISSUE The approval and submittal requirements in the Single-family Subdivisions Chapter reference another Subsection rather than list submittal requirements and procedure. While referencing another area of the Code is a way to save space, it is not an efficient way of sharing information with applicants. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements and procedure directly in this Chapter. This will not change the content of the Code, but rather shift information to the appropriate Chapters. RECOMMENDED AMENDMENTS 175 13-9-1: Approval and Submittal Requirements: 8. Submittal Requirements: 2. Plat Submittal Requirements: The subdivision plat shall contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to one inch (100' to 1') or larger with margins of one and one- half to two inches (1%" to 2') on the left and one-half inch (1/2') on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines,. angles and curves used to describe. i boundaries, streets, setbacks, alleys, easements, structures, ~, ,areas to be reserved or dedicated for public or common uses ~ and other important features. All curves shall be circular arcs ~i and shall be defined by the radius, central angle, arc chord) distances and bearings. All ,.dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. (4)A systematic identification of all existing and pro buildings, units, lots, blocks, and names for all streets. (5)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof fo the public use. Areas reserved for future public acquisition shall also be shown on the plat. (6)A written survey description of the area. including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. 176 (8)A statement by the land surveyor explaining how bearing base was determined. (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as fo the accuracy of the survey and 'plat, and that the survey was performed by him/her in accordance with Colorado .Revised Statutes Title 38, Article 51. (11)A certificate, by an .attorney admitted to practice in the State, or .corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on.said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. ~. Declarations And Covenants: A copy of declarations and/or covenants relating to the subdivision which shall assure the maintenance of any common areas which may be created. The covenants shall run with the land and shall be in a form suitable for recordation with the Eagle County Clerk and Recorder. C. Procedure: be-as s@~fAr <-cr~r-in S"ac&E6i~^vT~i-~ v~6' 8f-c hrS-T~fr~°c~N~1~r@ Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review. The Administrator shall then conduct his/her review concurrently. The Town Engineer shall review the 177 submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (74) days to the applicant. The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due fo inconsistencies with the originally approved plan or failure to make other required modifications on the plat. CHAPTER 13-9: SINGLE-FAMILY SUBDIVISIONS: SECTION 13-9-3: CRITERIA FOR REVIEW: ISSUE "- The criteria for review of asingle-family subdivision are very vague and therefore, can be challenged in court. The Administrator needs to have criteria to evaluate asingle- familysubdivision, as well as necessary findings to make for each application. The title of the Section also needs to be updated to reflect any changes. OPTIONS The option of leaving the criteria as they are could cause applications to be challenged. in court, with weak. criteria and no necessary findings clearly outlined in this Chapter. The other option is the recommended text amendments that will clearly outline basic criteria and necessary findings. These .criteria and necessary findings are the basic principles necessary to evaluate asingle-family subdivision. . RECOMMENDED AMENDMENTS 73-9-3: CRITERIA AND NECESSARYFIND/NGS °^O °c~ncini. she Tnuin ~nrl fh~+ ~nn~~rofenee•e. ~ni-l inienrifv of the ~~~niev .-l~f~ A. The following criteria shall be used by the Administrator in evaluating .the proposed subdivision. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: (7) Compliance , with all requirements of .Title 12, Zoning Regulations; and (2) Conformity to approved plans; and (3) Accurateness and integrity of the survey data found on the plat. B. Necessary Findings: The Administrator shall frnd that the Duplex Subdivision complies with the criteria in Subsection 178 73-8-2A of this Article and that the plat conforms with the requirements of 13-8-7B-2 of this Chapter. CHAPTER 13-10: CONSTRUCTION DESIGN STANDARDS, METHODS AND DETAILS SECTION 13-10-10: CONSTRUCTION MATERIALS: SECTION 13-10-11: CONSTRUCTION METHODS: SECTION 13-10-12: BIKE PATHS: ISSUE There are numerous grammatical errors and .misuse of words. OPTIONS The errors can be left but will look unprofessional, so staff feels they should be changed. After consulting with project engineers for the Town, it has been determined that the word "unsuitable" can replace the term "uncompactable," which is not a word according to various planning and building dictionaries. While the term may have implied "unable to be compacted", staff feels that unsuitable provides a more general term to describe the material. RECOMMENDED AMENDMENTS 13-10-10: CONSTRUCTION MATERIALS: B. Concrete: 7. Strength Required: All concrete shall have a specified compressive strength of four thousand (4, 000) psi and shall be determined by ACl standard 318-71, Ssections 4.3.3 and 4.3.4. In non-frost nea#est areas, lower fc' values may be used in conformity with local practice and performance. For design charts using lower fc' values, contact A CPA. 9. Slump: The mixture shall contain no more water than is necessary to produce concrete which is workable and plastic. The minimum slump necessary to place the concrete satisfactorily shall be used.. Slumps should be maintained so as not to exceed four and one-half inches (4 1/2") for non-vibrated ibr-ate~l placement and three inches (3') for vibrated placement. 13-10-11: CONSTRUCTION METHODS: D. Adjusting Frames, Covers, And Valve Boxes: 2. Adjusting Frames c. Manhole frames shall not be finally set until the pavement adjacent thereto has been completed. The manholes shall be left or lowered sufficiently below grade so as not to interfere with or form an obstruction to the preparation of the sub-base s~b~se, base, and pavement. The manhole openings shall be temporarily covered by suitable means and the work constructed thereover. Due care shall be exercised to prevent foreign material from entering the manholes. After the pavement has been constructed, 179 the necessary portions of the sub-base s~base, base, and pavement shall be neatly cut away, the manholes built up, and the cover frames set to grade, following which any surrounding area from which the pavement base or sub-base s~ase has been so removed shall be backfilled with concrete. 13-10-12: BIKE PATHS: A.. General: This item shall consist 'of the construction of bituminous or concrete bike paths in accordance with these specifications and the dimensions ~~^~~ shown on the plans. C. Construction Methods; Concrete Bike Paths: 1. Excavation: Excavation shall be made to the required depth and fo a width that will permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm, even surface conforming to the section shown in Figure 3.617. When the Engineer determines that .material is unsuitable ~sen}pastable, the material shall be removed .and replaced in accordance with Ssubsection 3-10-11E of this Chapter. 180 CHAPTER 13-11: SAMPLE CERTIFICATES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: SECTION 13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP: SECTION 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER: SECTION 13-11-4: SURVEYOR'S CERTIFICATE: SECTION 13-11-5: TITLE CERTIFICATE: SECTION 13-11-6: CLERK AND RECORDER CERTIFICATE: SECTION 13-11-7: TOWN COUNCIL CERTIFICATE: SECTION 13-11-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: SECTION 13-11-9: ADMINISTRATOR CERTIFICATE: SECTION 13-11-10: CERTIFICATE OF TAXES PAID: SECTION 13-11-11: CERTIFICATE OF OWNERSHIP: (NEW SECTION). ISSUE The sample certificates in this Chapter use date templates for the 20tt' century, rather than the current 21St century. OPTIONS If the sample certificates are left as is, they will not be usable by applicants without being changed. The date on the sample certificates need to be updated to make it easier for the public to use the samples for their needs. Guiding text is also inserted to make the samples more user-friendly. ISSUE The sample certificates provided in this chapter of Title 13 do not give examples of Certificate of Ownership when there is no dedication of land to the public. OPTIONS If there is no sample certificate for this situation, applicants will have to create on themselves. Section 13-11-11 serves as a sample certificate for applicants in a situation of ownership without dedication, so that applicants do not have to augment samples on their own. RECOMMENDED AMENDMENTS 13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP: CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of all that real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number here) acres, more or less:. have by these presents laid out, platted and subdivided the same into (insert number here) lots and (insert number here) blocks as shown on this final plat under the name 181 and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements; and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. Executed this day of (insert date here), A.D. X920 Owner.• (If corporation) Corporation name Address by (signature) ~~ (type individual's name) Title (!f individual) (signature) (type name) Address State of (Insert State name) County of}-ss-(Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. -920 _ by (insert name here). My commission expires: Witness my hand and seal. Notary Public Address: 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE 182 HOLDER OR DEED OF TRUST HOLDER: CERTIFICATION OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER KNOW ALL MEN BY THESE PRESENTS that being the holder of a mortgage or deed of trust on the real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number here) acres, more or less; as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; agrees to the dedication and setting apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby agree to the dedication of these portions of said real property which. are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby agree to the granting of the right to install and maintain necessary structures to the entity responsible for providing the services for which fhe easements are established. Executed this day of (insert date here), A.D. -920 Owner.• (If corporation) Corporation name Address by (signature) (type individual's name) Title (If individual) (signature) ~~ (type name) Address State of (Insert State name) County of}~(Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. X20 _ by (insert name here). My commission expires: Witness my hand and seal. 183 Notary Public Address: 73-7 7-4: SURVEYOR'S CERTIFICATE: SURVEYOR'S CERTIFICATE (For all plats except condominium maps) 1 do hereby certify that 1 am a registered Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked .upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof 1 have set my hand and seal this day of (insert date here), A: D., X920 (NAME) COLORADO LAND SURVEYOR NO. (For condominium maps) l do hereby certify that 1 am a registered Land Surveyor licensed under the laws of the State of Colorado,. that this condominium map is true, correct and complete as laid out, platted, dedicated and shown hereon, that such condominium map was made from an accurate survey of said property by me .and under my supervision and correctly shows the horizontal and vertical location and dimensions of the condominiums, parcels, easements and streets of said condominium map as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof 1 have set my hand and seal this day of (insert date here), A.D. -920 .COLORADO LAND SURVEYOR NO. (Name). 184 13-11-5: TITLE CERTIFICATE: TITLE CERTIFICATE (Name of title company) does hereby certify that the title to all lands shown upon this plat have been examined and is vested in and that title to such lands is free and clear of all liens and encumbrances, except as follows: (Insert text here) Dated this day of (insert date here), A.D. -1-920 Title Company orAttorney's Name Address By ~ (Signature) (printed name and title of officer or attorney) 13-11-6: CLERK AND RECORDER CERTIFICATE: CLERK AND RECORDER CERTIFICATE This plat was filed for record in the office of the Clerk and Recorder on this. day of (insert date), A.D. -920 at (insert number) o'clock (insert A.M or P.M). Recorded under Reception No. (insert number) in Book (insert text) at Page (insert number). Clerk and Recorder Eagle County, Colorado By Depufy 13-11-7: TOWN COUNCIL CERTIFICATE: TOWN COUNCIL CERTIFICATE This plat approved by the Town Council of the Town of Vail, Colorado this day of (insert date here) A:D., ~-920_, for filing with the Clerk and Recorder of Eagle County, Colorado and for the conveyance to the Town of .Vail of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail for maintenance of roads dedicated to 185 the public until construction of improvements thereon shall have been completed iri accordance with Town of Vail specifications, and the Town Council of the Town_ of Vail has by a subsequent resolution agreed to undertake maintenance of. the same. This approval does not guarantee that soil conditions, subsun`ace geology, ground water conditions, or flooding conditions of any lot shown hereon are such that a building permit or any other required permit will be issued. This approval is with the understanding that all expenses involving all improvements required shall be the responsibility of the subdivider and not the Town of Vail. ATTEST.• Town Clerk Mayor Town of Vail, Town Council Colorado Town of Vail, Colorado 13-11-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final p/af was approved by the .Town of Vail Planning and Environmental Commission this day of (insert. date here) , A.D. X920 ATTEST.• Town Clerk Chairman Town of ~ Town- of Vail Planning and Vail, Environmenfa/ Commission Colorado 13-11-9: ADMINISTRATOR CERTIFICATE: ADMINISTRATOR CERTIFICATE This final plat is hereby approved by the Town . of Vail Administrator this day of (insert date here), A.D. -x820 ATTEST.• 186 Town Clerk Administrator Town of Vail Town of Vail 13-11-10: CERTIFICATE OF TAXES PAID: CERTIFICATE OF TAXES PAID 1, the undersigned, do hereby certify that the entire amount of taxes due and payable as of the day of , A.D. 20 upon all parcels of real estate described on this plat are paid in full. Dated this day of (insert date here), A.D., x920 Treasurer of Eagle County 13-11-11: CERTIFICATE OF OWNERSHIP: CERTIFICATION OF OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of all that real property situated in the Town of Vail, Eagle. County, Colorado, described as follows: containing (insert number) acres, more or less: have by these presents laid out, platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements. Executed this day of (insert date here), A.D. X920 Owner:. (If corporation) Corporation name Address by (signature) (type individual's name) Title (If individual) 187 (signature) (type name) Address State of (Insert State name) County of) ss (Insert county name) The foregoing Certificate of Ownership was acknowledged before me this day of (insert date here), A.D. 20 by (insert name here). My commission expires: Witness my hand and seal. Notary Public Address: CHAPTER 13-12: EXEMPTION PLAT REVIEW PROCEDURES SECTION 13-12-1: PURPOSE AND INTENT: SECTION 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: SECTION 13-12-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIONS While the errors can remain, they should be amended to promote a professional looking Code. RECOMMENDED AMENDMENTS 13-12=1: PURPOSE AND INTENT: The, purpose of this Cshapter is to establish criteria and an appropriate review process whereby the Planning and Eenvironmental Csommission may grant exemptions from the definition of the term "subdivision" for properties that are determined to faN outside the purpose, purview and intent of Cshapters 3 and 4 of this Ttitle. This process is intended to allow 188 for the platting of property where no additional parcels are created and conformance with applicable provisions of this Csode has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in Ssection 13-2-2 of this Ttitle, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an Eenvironmental I+mpact Rreport if required by Ttitle 12, Cshapter 12 of this Csode. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an exemption plat review shall be as follows: . A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit two (2) copies of the proposal following the requirements for a final plat in Ssubsection 13-3-6B of this Ttitle, with the provision that certain of these requirements may be waived by the Aadministrator and/or the Planning and Eenvironmental Csommission if determined not applicable to the project. B. Public Hearing: The Aadministrator will schedule a public hearing before the Planning and Eenvironmental Csommission and follow notification requirements for adjacent property owners and public notice for the hearing as found in Ssubsection 13-3- 681 of this Ttitle. . C. Review And Action . On Plat: The Planning and Eenvironmental Csommission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the 1=lrst public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Eenvironmental Csommission and the applicant. The criteria for reviewing the plat shall be as contained in Ssection 13-3-4 of this Ttitle. D. Appeal: An appeal of the Planning and Eenvironmental Csommission's decision by the Ttown Csouncil, the applicant, or an "aggrieved or adversely affected person" shall follow the procedures outlined in Ssubsection 13-3-5C of this Ttitle. 13-12-4: FILING AND. RECORDING: The Ddepartment of Csommunity Development will record the plat and any related documents with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the Ttown with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Ddepartment of Csommunity Development will retain one mylar copy of the plat for their records. An exemption plat may not be 189 recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-5C of this Ttitle. CHAPTER 13-13: ADMINISTRATIVE PLAT CORRECTION PROCEDURES: SECTION 13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: SECTION 13-13-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain, they should be changed to promote a more professional looking Code. RECOMMENDED AMENDMENTS 13-13=3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Plat Procedure: Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Aadministrator shall route one copy of the proposed plat to the Ttown Eengineer for his/her review. The Aadministrator shall then conduct his/her review concurrently. The' Ttown Eengineer shall review the submittal and return comments and notifications to the administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14) days to the applicant. The Aadministrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plat or failure to make other required modifications on the plat. Plat format and content shall be as outlined under Ssection 13-3-6 of this Ttitle. Correction plats must contain the following statement: The sole purpose of this plat is to correct an error (or amend a plat note or an easement) filed with an approved plat. This .plat correction does not alter the character, intent or development standards imposed under previous plat approvals. B. Criteria For Review: A plat correction or minor plat ,amendment may be approved upon the findings that: 1. The plat correction is in accordance with all applicable Ttown ordinances, standards, and the original conditions of plat approval; 13-13-4: FILING AND RECORDING:' The Ddepartment of Csommunity Ddevelopment will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the town with a certification from the Eagle County treasurer's office 190 indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The department of community development will retain one mylar copy of the plat for their records. A correction plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-5C of this Ttitle. 191 TITLE 14: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-1: DEVELOPMENT STANDARDS: SECTION 14-1-1: PURPOSE AND INTENT: SECTION 14-1-2: APPLICABILITY: SECTION 14-1-3: ADMINISTRATION: SECTION 14-1 -4: NONCONFORMITIES: SECTION 14-1-5: VARIANCES: SECTION 14-1-6: APPEALS: SECTION 14-1-7: ADOPTION: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain, they should be changed to promote a more professional looking Code. RECOMMENDED AMENDMENTS 14=1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and effipient development within the Ttown for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The Ddevelopment Sstandards will help protect property values,. ensure the aesthetic quality of the community and ensure adequate development of property within the Ttown. 14-1-2: APPLICABILITY: Unless specifically exempted, the provisions of this Ttitle shall supplement any and all existing laws and shall apply to all persons, without restriction, and to conditions arising after the adoption thereof, to conditions not legally in existence at the time. of adoption of this Ttitle, and to conditions which, in the opinion of the fire chief, the Bl3uilding Oefficial, or the Ttown Eengineer, constitute a distinct hazard to life or property. The Ddevelopment Sstandards shall apply to new development, as well as to modifications and additions to existing developments, unless, specifically exempted herein. 14-1-3: ADMINISTRATION: The Ttown Manager, or Town Manager's designee, is authorized to make and enforce the rules and regulations contained herein in order to carry out the intent of the Ddevelopment Sstandards. These rules, regulations and standards shall be initially adopted by ordinance by the Vail Ttown 192 Csouncil and shall exist as a supplement to this Csode as a "handbook" of Ddevelopment Sstandards. Any amendments to the Development Sstandards shall require adoption by Ttown Csouncil prior to their enforcement. A copy of the approved Ddevelopment Sstandards shall be filed with the Tl:own Cslerk's office. .Where no specific or applicable rules, regulations, or standards appear to be set forth in this Csode, other rules, regulations, standards, guidelines, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, may be used by the Ttowri for guidance. 14-1-4: NONCONFORMITIES: Nonconforming sites and site improvements lawfully established prior to the effective date of adoption of the development Sstandards may continue., subject to the limitations prescribed by Ttitle 12, Cshapter 18 of this Csode. To encourage redevelopment, there shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the Ddevelopment Sstandards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the development Sstandards. However, a reasonable attempt shall be made to adhere as closely as possible to the Ddevelopment Sstandards when paving existing driveways. A structure, which is substantially demolished or reconstructed, as defined by "demo/rebuild" in the Zzoning Regulationssede, shall be required to adhere to the Ddevelopment Sstandards. 14-1-5: VARIANCES: .Variances to the Ddevelopment Sstandards may be allowed when practical difficulties and . unnecessary physical hardships inconsistent with the purpose and intent of the Ddevelopment Sstandards exist. Variances from the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 17 of this Csode. The issuance of a variance shall not compromise the safety of a site or structure. 14-1-6: APPEALS: Appeals from decisions made ,concerning the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 3 of this Csode. 14-1-7: ADOPTION: Town of Vail Development Standards Handbook", was adopted 'by Tlown Csouncil on September 21, 1999, as amended. 193 CHAPTER 14-2: DEFINITIONS CHAPTER 14-2: DEFINITIONS: ISSUE There are many terms in Title 14 that are not defined in Chapter 14-2: Definitions, creating an incomplete listing of terms. OPTIONS If these terms are not defined, there may be ambiguity as to the meaning of certain regulations within Title ~1.4. These proposed text amendments to the Definitions Chapter of the Development Standards Handbook provide codified definitions for undefined terms. .The lack of a definition causes confusion and ambiguity.in the administration of this Title. Text amendments that provide definitions to terms used in the regulations create a more user friend document for the public. RECOMMENDED AMENDMENTS The following text in .bold is to be added to Chapter 14-2: 14-2: DEFINITIONS 100 year flood plain: The area adjoining a river, stream, or watercourse covered by water in the event of a flood, having a one percent chance of being equaled or exceeded in magnitude in any given year: Drainage: Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development. Fenestration: The design and placement of windows in a . building. Guard rails: A rail placed on the edge of a roadway, on bridges, driveways, etc., as a safeguard against vehicular egress of said roadway. . Heated drives: Driveways which have subterranean heat- producingmechanisms to aid in melting snow and ice. Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive radio waves. Topographic survey: A study conducted that produces a map of a lot or lots showing elevation from some fixed reference point. . Valet parking: A service provided with or without a fee where vehicle is dropped at a designated location and an employee 194 drives said vehicle to a parking space, Wetlands: As determined by the Army Corps of Engineers or qualified environmental consultant, an area That is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of .vegetation adapted for life in saturated soil conditions. CHAPTER 14-6: GRADING STANDARDS: CHAPTER 14-6: GRADING STANDARDS: ISSUE Table 7 is very confusing and ambiguous. OPTIONS Without changing the table, there will continue to be confusion over this extremely important issue: Staff and numerous applicants feel that table 7 is confusing and misleading of our regulations. With text paragraphs, the Code will become clearer and the difficult issue of retaining walls can be properly regulated and followed. RECOMMENDED AMENDMENTS Delete Table 7, Insert text in bold Retaining Walls (General) All retaining walls are reviewed by the Design Review Board or the Administrator -~~-~a# to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed a height of six (6) feet Wifhin a front setback, retaining walls shall not exceed a height of three (3) feet, unless related to access to a structure constructed on excessive slopes (in excess of Thirty (30) percent). Retaining walls associated with a street located within a public right-of- wayare exempt from these height limifs. Retaining walls shall be located a minimum of two (2) feet from adjacent property boundary and ten (10) feet from the edge of a public street All retaining walls over four (4) feet in height shall require a P.E. Stamp except in the right-of-way, where retaining walls over three (3) feet in height shall require a P.E. Stamp. ~es~afieA-ewe °,-~St~ ~R~ 195 4=fi-' X ~~ e& A' nr 1/ }hn rliffnrannn ~ ~ n~ ~ y ~ . ~ . ` b ~~~ ~ pp _ nn pp ~H ~ ~igk~t-e€-W~}~ 9-3-' ~t~-- k~e~~ie~a~ er Al - - e 3 =fi-' ~ta# #evfe~a~ er d -- es l~ ~ Qfn{f Q~ ii ~ ' + ~` r - V~~1DD~G~TGI~pf T-GQ ~f~ l~ ~' ~ ~ ~ ~ ~' ~ 4 r - - tur r-~E?o Gi4ti~r ~~ ~8& Boulder Retaining Walls Boulder retaining walls shall comply with ^~~~~ all the standards. of retaining walls (general). The height listed for retaining, walls is the exposed heighf of either a single or combined height of combination walls. !f the batter (slope of the face of the wall) is greater than 1:1, a P.E. stamp is required. Combination Retaining Walls A retaining wall should be considered a combination walls are ~Ied if the upper wall falls within a prism de1<ned as starting 1' behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four (4) feet.. All combination retaining walls shall have a P.E. ISSUE While there are general requirements for construction fences, there are no specific codified guidelines for the type of construction fence that Public Works requires in Vail Village and Lionshead, as defined by the respective master plans. OPTIONS Without any action, Public Works will still require specific fencing regulations in Vail Village and Lionshead, but will not have their requirements codified. This could create a problem with construction properties challenging the requirement. The other option is to codify the requirements, which will clear up any confusion among applicants-with regards to fencing during construction. 196 RECOMMENDED CHANGES Construction Fence All areas to be protected shall have anon-removable construction fence or other approved device placed around the areas to be protected. Within the Vail Village and Lionshead core areas, as defined by the Vail Village Master Plan and Lionshead Redevelopment Master Plan, construction fence shall be six (6) to eight (8) feet in height and constructed out of plywood (painted green) or chain link fence with green mesh windscreens. Decorative .construction fences may be allowed a the discretion of the Design Review Board. CHAPTER 14-10: DESIGN REVIEW STANDARDS AND GUIDELINES: ARTICLE 14-10C: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: ISSUE This Article outlines how far porches, steps, decks, etc can.protrude into the required setbacks. In some cases, however, there is a hardship such as steep grades or adjacent wetlands that requires an applicant to pursue a means of egress that intrudes even further into the setbacks. OPTIONS The option of doing nothing would continue to raise problems for applicants who need to put stairs further into the setback than allowed. In that case, the applicant would have to apply for a setback variance, causing the process to take much longer. If the Administrator feels that the applicant does not have any choice in putting stairs further into a setback, this clarification can help move the process along faster and more efficiently. RECOMMENDED AMENDMENTS 1410C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5) of ground level may project not more than ten feet (10) nor more than one-half ('/~ the minimum required dimension into a required setback area, or may project not more than five feet (5) .nor more than one- fourth ('/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the Administrator. 197 ARTICLE 14-10E: DUPLEX AND PRIMARY/SECONDARY DEVELOPMENT: ISSUE While the requirements for architecturally. integrated structures with unified site development as well as the ability to separate the garage when site constraints exist only apply currently to duplex and primary/secondary development within the Code, these standards are regularly applied to all residential development. It is important to update the Code to reflect the standards we apply to all residential development in Vail. OPTIONS If there is no change made to the Code, applicants will challenge the requirement of architectural integration in residential development such as multiple family. It is of great importance that this requirement holds for all residential development or the Town of Vail could start to see multiple family developments with various opposing design features. Also, it is necessary to allow for the separation of garages when site constraints exist in all residential development. Residential dwelling units of all types deserve the right to a garage, even with site constraints. RECOMMENDED AMENDMENTS 74-10. Design Review Standards and Guidelines. E. D.y~lex~n~+ ~rim~ni/C'~..~n,~~ Residential Development: 1. The purpose of this Section is to ensure that dup/e~and pair-na~sesex~dafy residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set .forth in Ssubsection 2 below, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, .roof forms, massing, architectural details, site grading and landscape materials and features. 2. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the Design Review Board. Significant site constraints shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. !t shall be the applicant's responsibility to request a determination from the Design Review 198 Board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). 3. The-dt~lex ar~~l -prin?ay~ses^~^p~ Residential development maybe designed to accommodate the development of dwelling units and garages in more than one structure if the Design Review Board determines that significant site constraints exist on the lot. The use of unified. architectural and landscape design as outlined herein shall be required for the development. In addition, the Design Review Board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. 199 CHAPTER 14-10: DESIGN REVIEVII STANDARDS AND GUIDELINES: ARTICLE 14-10 F: OUTDOOR LIGHTING: ISSUE As per comments made by applicants in the past, the use of the word frequency, while grammatically correct, confuses applicants because frequency is also a term to measure sound and light waves. OPTIONS No change will continue to confuse applicants. To clarify, staff feels the word "quantity" is a simpler term that will ease any uncertainty. ISSUE The Vaii Town Code is improperly referenced. OPTIONS While the current text will not affect applicants, the text can be legally challenged. The change to Vail Town Code, the legally acceptable name of the Code, needs to occur for. a legally binding document. ISSUE Section 18.04.137 is referenced, but this Section changed when the Vail Town Code was recodified. OPTIONS If the current verbiage is left as is, the .reference to the definition will not be correct. The change to "Section 18...." needs to occur to clarify the referred. Section, since changed to Chapter 14-2 after recodification of the Code. RECOMMENDED.AMENDMENTS F. Outdoor Lighting: 9. €~egt~eASy Quantity: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The /ocaton of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Vail Town Code '' Light sources which are no more than eighteen inches above grade, as measured from the top of the fixture to the finish grade below, and are either .full-cutoff fixtures, as defined in Chapter. 74-2 ~es#~e~ -~:-A4~3Z, or have a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. 200 Lodging Meeting With Vail Local Marketing District Advisory Council December 5, 2005 Manor Vail In attendance: Packy Walker, Dale Bugby; Farrow Hitt; Katie Barnes, Mark Cervantes, Ian Arthur, Ian Anderson, Steve Rosenthal, Bherat Dhaler, Kenny Friedman, Beth Slifer, Richard Tenbraak, Brian Nolan, Rob Levine, Laurie Mullen, Geoff Wright, Pam Stenmark, Nathan Free, Tom Horton, Maurine Devine, Meggen Bernstein, Kelli McDonald Discussion I. Beth Slifer explained how the VLMDAC arrived at the conclusion to recommend www.vail.com as the call to action for the Vail Summer marketing. Compared to www.thinkvail.com the www.vail.com site has 4 times the traffic and 10 times the reservations in the summer and it affords message consistency for the customer. II. Attendees discussed this option: • What % of www.vail.com bookings is winter during this summer period? • 30% of VRI FIT winter business is booked by the end of October, so some of these reservations represent winter bookings • Would it be better to keep both booking options? • What is duplication of site visits to both URLs -undoubtedly some • Dollars could be spent on other marketing tactics not pushing www.thinkvail.com on Google and other search engines • Summer 2006 focus will be retail oriented pushing the call to action to the web site • Web site visits to www.vail.com were 9,000 per day until television began for winter marketing and then climbed to 27,000 per day • Lodging reps are not sure they want "all their eggs in one basket" • VLMDAC feels the need to unify the message and leverage the Vail winter brand to the summer guest • There will be greater ease for the customer with one call to action • There is no need to duplicate efforts with two web sites • Lodging community wants to make sure no reservations would go to down valley properties -Vail only • Also concerned with Vail Resorts booking their properties first/most • VRI agreed to continue to share distribution reports of lodging reservations with the community • VBCR is a division of Vail Mountain, not the Lodging Division • VVCTB has always been in the Cen Rez business, but the funds are no longer available to adequately compete. The options are: a. Get out of the rez business b. Continue to struggle as is c. Info Center loss affected Cen Rez revenue d. If www.vail.com becomes the Vail Summer call to action, it could be the demise of the VVCTB Cen Rez e. VVCTB is not planning to get out of the Cen Rez business, but it may happen • Lodges should make the decision on switching to www.vail.com • VRI and VVCTB combined only account for about 12% of total reservations in the Vail Valley • Lodging representatives reminded the group that they created the VLMD • Question taking public dollars to fund a private web site • The role of the VLMD is to drive as much business as possible to Vail and www.vail.com is more intuitive to customers • Booking engines are expensive to keep competitive. VRI is going to their Board with largest expenditure request for a new booking engine -top priority • Every decision by the VLMD to partner with VRI has been positive -use of logo, hiring of Horton, Lantz and Lowe (advertising agency) • Winter visitors are key -must align with Vail Resorts to combine resources • There are 10 times the bookings and 4 times the visits on www.vail.com versus www.thinkvail.com • Competition between VRI and VVCTB is healthy and good • Concerned about long-term impacts of lodges being able to control their own destiny • Why does advertising effort not drive more bookings to www.thinkvail.com currently? • VRI does not want VVCTB to go out of business -are collaborating on a number of programs currently: Lodging Quality Assurance program, Steepsavers and Vail on Sale • VLMD would not give any funding to Vail Resorts under the recommendation to utilize www.vail.com as the call to action • VVCTB Central Reservations would not go away as a result of this decision • May consider a VVCTB staff person to monitor the Central Reservations system on behalf of the lodging community • What will happen to Vail on Sale as a result of this decision? • www.vail.com would have more summer presence on the winter site • www.vail.com summer site would have only Vail properties • Question was asked could the site be Vail only year round III. Pam Stenmark read the list of concerns from the lodging representatives who attended the November 17th Lodging Advisory Council meeting at The Antlers: • Losing database to VRI • Commissions situation -can revenue be returned to TOV or VLMD? • VRI is afor-profit company -how might that change the dynamics if they manage the reservation system? • Lodging community should drive the decision • One rez system is ideal -but prefer VVCTB currently • VRI does not want to be a concierge which the community needs • Would total visits to the web sites be reduced by eliminating www.thinkvail.com? • Giving away VVCTB assets -first Info Centers, now VLMD web site • Must have accountability and transparent reporting • Filter for Vail only • Not enough information at this point to make a decision • Looks like a 2-year effort to make it happen • Perception in community of VVCTB losing VLMD call to action on the heels of losing the contract for the Information Centers is concerning • VRI is competition • Should www.thinkvail.com continue to brand itself with more emphasis IV. Answers to concerns raised at November 17th meeting: • Yes, VRI would control the database • The direct mail database is available now for usage, VRI would make the email database available for blasts once per month to VLMD • This affords an opportunity to talk to a larger pool of customers • Would commissions be returned to VLMD -yes, some • There would be the ability to track some of the traffic to www.vail.com from what's already being driven to the site by unique URLs • If VBCR is the only rez system, put a commission cap in place • Lodges feel ownership in VVCTB system -not sure Vail Town Council can support moving to www.vail.com if not overwhelming support by the lodges. • www.thinkvail.com reservations only account for $10,000 in commissions to the VVCTB • VVCTB also gets VLMD funds to manage the entire marketing effort through a contract for service that accounts for $100,000+ depending on lodging sales taxes collected • www.vail.com makes marketing sense -question is how to get over the obstacle of distrust of VRI • Mechanism of www.thinkvail.com is not working. Consider forming a committee with lodges, VVCTB, VRI and VLMDAC to work on a letter of agreement to move to www.vail.com to address lodging concerns within 60 days. • VVCTB would position this as a coming together of the community • What about consider a new site, not www.vail.com, with links to properties to track bookings V. Straw poll • All lodging representatives were polled on moving the call to action for VLMD summer marketing to www.vail.com The vote was one against and the remainder in favor VI. Next Steps • A representative group will meet to draft a letter of agreement with VRI to move the summer marketing call to action to www.vail.com and to answer the lodging community's concerns. • Key points include a. Break out summer versus winter reservations on www.vail.com statistics b. Guarantee the reservation system stays within the Vail Mountain Division c. Agree on dates of operation for web site re: summer and winter content; also commitment to content overall d. Continue to have www.snow.com for Vail Resorts separate from www.vail.com for Vail Mountain e. Address the commission rebate f. Guarantee accountability and transparent reporting g. Have an opt out clause VII. Public Notice • The Public Notice announcing vacant positions on the VLMDAC was distributed to all present urging more lodging representatives to apply for the open seats. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 14, 2005 SUBJECT: A request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lot 2, Block 1, Vail Lionshead 2"d Filing, Evergreen Lodge at Vail, from High Density Multiple Family (HDMF) zone district to Lionshead Mixed Use 1 (LMU1) zone district, located at 250 South Frontage Road West/Lot 2, Block 3, Vail Lionshead 2"d Filing, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by Thomas J. Brink Planner: George Ruther I. SUMMARY The applicant, Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by Thomas J. Brink, has submitted a development review application to the Community Development Department to allow for the rezoning of Lot 2, Block 1, Vail Lionshead 2"d Filing Subdivision, from Special Development District No. 14 with the underlying zoning of High Density Multiple Family District (HDMF) to Lionshead Mixed Use-1 District (LMU-1 ). The applicant has submitted the application in anticipation of the redevelopment of the Evergreen Lodge. Staff is recommending approval of the applicant's development review application. II. DESCRIPTION OF REQUEST The applicant, Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by Thomas J. Brink has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lot 2, Block 1, Vail Lionshead 2"d Filing Subdivision is rezoned to Lionshead Mixed Use-1 zone district. According to the applicant, the rezoning is intended to facilitate the redevelopment of the Evergreen Lodge. If approved, Special Development District No. 14, Evergreen Lodge, would be repealed by the amending ordinance. It is important to note that should this request be approved by the Vail Town Council, the amending ordinance rezoning the property will also include provisions for repealing Special Development District No. 14 in its entirety e A? vicinity map of the development site and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND On April 1, 1986, the Vail Town Council approved Ordinance No. 5, Series of 1986, an ordinance establishing Special Development District No. 14, Double Tree Hotel. The underlying zoning on the property .was High Density Multiple Family (HDMF). This approval granted development rights for a total of 220 accommodation units, 24 dwelling units with a total allowable GRFA of 116,153 square feet. On March 21, 1989, the Vail Town Council approved Ordinance No. 7, Series of 1989, an ordinance repealing and re-enacting Ordinance No.5, Series of 1986. Ordinance No. 7, Series of 1989, granted the property owner rights to develop "transient residential dwelling units or restricted dwelling units" as defined within the ordinance. In essence, a transient residential dwelling unit or restricted dwelling unit is a dwelling unit managed for short-term rental in which all such units are operated under a single management providing the occupants of the units customary hotel services and facilities. According to the Ordinance, each transient residential dwelling unit or restricted dwelling unit is limited to 645 square feet in size, shall not be rented for more than 31 consecutive days, and may include a kitchen not more than 35 square feet in size which can also be locked off and separated from the rest of the unit. On February 6, 1990, the Vail Town Council approved Ordinance No.1, Series of 1990, an ordinance amending the previous approved development plan to allow a 190 accommodation- units of which 62 can be transient residential dwelling units or restricted dwelling units, 24 dwelling units, ar~d an 18,000 square foot spa facility. On August 22, 2005, the Town of Vail Planning & Environmental Commission held a public hearing on a proposed amendment the boundary of the Lionshead Master Plan Study Area and forwarded a recommendation of approval with modifications of the amendment to the Town Council. The modifications included text language changes to the amendment. The purpose of the amendment was to amend the boundaries of the Master Plan to include the Evergreen Lodge development site and to add detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan. On September 6, 2005, the Vail Town Council voted to approve Resolution No. 15, Series of 2005, a resolution .amending certain sections of the Lionshead redevelopment Master Plan expanding the boundaries of the Master Plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth. details in regard thereto. The motion to approve the resolution, however, included a condition that the resolution shall become efi`ective upon the adoption of an ordinance zoning the property to Lionshead Mixed Use-1 District. IV. ROLES OF THE REVIEWING BODIES Rezoning/Zone District Boundary AmEndment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans; and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. Tie Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, .consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOC:Ui~'lEl'~TS Town of Vail Zoning Regulations (Title 12, Vail Town Code) 12-6H-1: Purpose; High Density Multiple Family District The high density multiple-farnity district is intended to provide sites for multiple-family dwellings at densities to a rrraxirrrurir of twenty five (25) dwelling units per acre, together with such public and se-nipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the 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 summer recreation and vacation community and, where permitted, arE~ intended to blend harmoniously with the residential character of the district. 12-7H-1: Purpose; Lionshe«d EJlixed lase-1 Clistrict The Lionshead Mixed Use 1 Uistrict is intrndea` to provide sites for a mixture of multiple-family dwellings, lodges, hoi`els, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and carnmercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed fo provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases _in allowable gross resio'ential floor area, building height, and density over the previously establisrred zoning in ttie Lionshead. Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additior~aliy, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle. access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Town of Vail Land Use Plan Chapter 11-Land Use Plan Goals/F'oliries 1.1 Vail should cortr'nue to grew in a controlled environrnent, maintaining a balance between residenfi~~l, commercial grid recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of r~eveloprient should be iriaintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village ana' Lionsread areas are the best location for hotels to serve the future needs of the destination skiers.. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under Special Dev;~lopment District No. 14 with underlying zoning of High Density Multiple 1=arr~ily Districi to that of the proposed Lionshead Mixed Use- 1 District. ~; Legal Description: Land Use Designation Lot Size: Development Standard Lot Area: Setbacks: Height: Density Control: Vail Lionshead 2"d Filing Resort Accommodations and Services i 14,563 ~q. ft./2.63 acres SDD #14/HDMF LMU-1 10,000 sq.ft. min. 10,000 sq.ft. min. leer the approved development plan 84' and per the approved development j~lan 10 ft. min. 82.5 ft. max. 71 ft. average 24 d.u.s 190 a.u.s r GRFA: i 07;027 sq. ft. s,er approved Development plan S.lte Coverage: r Landscaping: Parking per the approved d'Avelopment plan i'er the approved t.~evelopment plan per Chapter 10 of ~l-~e Zoning Regulations VII. SURROUNDING LAND USES AND Z4.71~Y6VG 92 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare (33% over existing or 35 d.u.s/acre whichever is greater) 286,407 sq. ft. if entire site is buildable (33% over existing or 250% of buildable area whichever is greater) 80,194 sq. ft. (70%) 22,912 sq. ft. (20%) Per Chapter 10 of the Zoning . Regulations Land Use Zonin North: Town Government General Use South: Hospital General Use East: Professional Office Commercial Service Center West: Residential irligh Density Multiple f=amily 5 VIII. CRITERIA AND FINDINGS Amendment to the Official Zoning Mag of the Town of Vail (rezoning) ,: Chapter 3, Administration and Enfor~:.emant, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recomrner-csation of approva{ to rezone Lot 2, Block 1, Vail Lionshead 2"d Filing, from i;igh Density Multiple Family (HDMF) District to the Lionshead Mixed Use-1 (LMU-1 }District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environrnenta! Cojr~missian and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 'I. The extent to which the zone district amendment is consistent with all the appticabYe aien'B~:ri'ts o~2 tl•Ee adopted goals, oFajactivos and policies outlined 6n the ~l'ait Cor~nprehensive (Plan and is compatible with the development ot~aectives of the Town; and Section V of this memoranciurn outlines all of the goals and policies implemented or that are relevant to the proposed rezoning of Lot 2, Block 1, Vail Lionshead 2'~d Filing. The prop~.~sed rezoning specifically implements the Vail Land lase Plan land use designation of Resort Accommodation and Service which states, in part, that, "This area includes actr~,~ities aimed at accommodating the overnight and short-term visitor. Primary usas include hctels, lodges, service stations, and parking s~rc~ctures with densities up to 2b dwelling units per acre.'' According to Section '1.2-%`ri-1': 1'urpase; Lionshead Mixed Use-7 District, "The Lionshead Mixea' ! ?se '1 District is intended to provide sites for a mixture or multiple-f~rr~ily dwellings, lodges, hofels, fractional fee cfubs, time shares, !Doge dwe11ir7g units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lions; ~e~~,;~ 1~/1ixE~d lrlse 7 District, in accordance with the Lionshead R'e~JevtlapmFn ivfaster rFan, is intended to ensure adequate light, air. c~~~r.~ soac.e and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the Districr' by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. " This Zone District was ~~pecifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives ir, this Zone District include increases in allowable gross residential floor area, building height, and density over the previously esta,.blished zoning in the Lionshead Redevelopment r'Vdasi`e~~ r';an study area. The primary goal of the incentives is to a~eate economic conditions favorable to inducing private redeveloprner7i cu~rsistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improverrrents adjacent to redevelopment projects. With any developrrrent/redevclopm~nt proposal taking advantage of the incentives crea~`ed herein, ti7e following amenities will be evaluated: streetscape irnprovemerrts, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvernenfs, and similar impro/cmcnfs. The proposed rF:zoniny is ra{7YYSistcnt and compatiole with the Vail Comprehensive i~ian and t~;e ~T"awn's development objectives. 2. The extent to whicar fihe gone district arrse~~drnent is suitab6e with the existing and potenntia9 Pa`~d uses on tl~e site and existing and potential surrour~din;~ 6ar~u uses as set out in the ifown's adopted planning docucrre~~s; and The Lionshead Mixed Use-~i District estabiishr~s zoning tt'iat is consistent with both existing and proposed uses on the parcel. The proposed use of the property wilt remain ~s a lod:,~e thus providing short-term accommodations ~ior guests ar,d visitc;i•s to the down. Special attention should be given hc~.wevei" ~~~; a~ie proposed ~~•taiied F~ian Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Flan, if adapted, ihat s~taies, "5.19.3r'reser+,aiicrr c~~ -~xisiii og ,~ccornrrioc~ation Units The Evergr;:ert I_.ndge presently oontains 128 short term accornrnodation i.:nits. 1r1 addrtiors, `~ ire Evergreen Lodge also ror~tains a r~:s~taurai--€, iouilge, spa, acrd rneeiing space facilities irici:~?entai to t~.a oa:~rutior~, of the Lodge. Given the importance a ~d need #o. SI iQrt ierrr~ accory-rrriodations to the vitality and success Ui ttie coP~'9rs'lunity, any future redevelopment of the site s~Yali ensure the r,reervation of short term accommodation units on the situ. "the ~~reserlrafion of :~:hort term accommodations should foc~~is on rnsii~tainincT the number of existing hotel beds and the amoui~~~ cr groi;5 resideritiGl square footage on the site rather than merely requiring the presen,~ation of 128 accommodation units. Wit'~~ ti~ris ire r~~ind, the quality of the existing accommodation unit room ccsuld be upgraded and the rooms could be reconfigured to create multi-room suites. in no instead, however, should the amount of Gross re:yidential floor area devoted to accommodation units be red!aced. " The zone district r:mendrrrerrt is consistent with. existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Resort Accommodations and Services, Tourist r:ommercial, Public/Semi Public and Medium Density Residential. Pursuant to the Plan, the existing land use designation is Resort Accommodations and :Services. The area governed by the Lionshead Redevaloprr7era Master Plan is designated as Tourist Commercial. A ravicw o. ~ti~re Z~,riing Regula~iorrs demonstrates that the uses allowed in tho Lions+~ead IVlixec; Use-1 zone district are compatible with both the inie~;i ar~d purposes of the Resort Accommodations and Services and Tourist Commercial land use designations. 3. The ~xtetrwti to ~vrhich t4•~~y zone c~istrir~t amendrment presents a harmonious, cor~verriietel, w~crr~alsie relatdc~nship armong land uses consistent with ma~ru~icip~i ~ievel~prirrent objectives; and The Lionshead Ntixed t,1se-'i (LMU-1 j District is consistent with the existing and proposed r.!se of the property. -i-he proposed zone district implemer~~ts specii~ goals rf tl••~e Mail Land Use flan and Lionshead Redeveloprner~t i~~{asier 1=~lan. Siaff believes tnai the proposed re-zoning presents a harmorious, convenient, and worKable relationship with land uses in the area c~~nsister~t v/iih the exisiiny and proposed use of the property. For example, while the overall density of development on the Evergreen Lodge developr~~rent site will increase as a result of the zone district boundary arnendrrent, tine l~rc~ximity of the development site to the South Frontage woad; ilie tteta~ied plan recommendations for the development site, aryd thc- anticipated off site vehicular and pedestrian improvements ensures a ~~eJrkable reiatioraru!i among land uses. More specifically, the ac~n~;v~~~l~~:j~;cement Gf the nr~ed fur coordinated future development with it?e '~/i Vallfy it~lodica! rrr,ter, as outlined in the detailed plan reco,r~rs~er~d_ttions or t;,e Eve;green Lodge development site, ensures thai :~~~ rrr~.:ni~~ipai developrnFrai objective of minimizing vehicular access ti, titi~; rr~e:dicai cenier ~fror7r 'Jlfest Meadow Drive will be achieved. Adcii~i~~nally, :~,2ction b.19. ~, Preservatior3 of Existing. Accommodatior, I_;;7lts, c: tl-,~, Lionshead r=f:~dE',velopment Master Plan, ensures that the fir}r.~rc u~.:_~ ~:f the site wild ire,:lode a n~rinimum number of accommodation urrr:r:~. ,~~ l~ngstantlir~~g goal o~ the Torn leas been no net loss of existing accommocla'i:ion units. Lod~~;~ and accommodation units are permitted uses iri ~.hr; i_i`r~shead IVrixed Usr-1 zana district. A review of the purpose str~~.;~;rr.~~nt:; ci ~rre t_i~nshea~~ itll~xed Use-1 zone district and the High L~~nsitw iv?u!:iC~,~ i=ai~.iiy hone .ais:ric; roveels that .both are intended to proviciE1 sit:,,s fir "mulfil~le fa,~l~l y ~a+~,~Qirine~s, tGa'ges, hotels and other uses rE1/ate tr.:~v,~~r,`er ~~rru ;~r~m;ner recr~alir~n" 4. The extent to which the zone district au~endment provides for. the growth of an orcieri~~ via~ile cot;lm~tnity and does not constitute spot zoning as the .~mend:~~a~t serves the (nest interests of the community as a whole; arrd The proposed re-zoning ~~stabiishes consistent zoning for the property. This re-zoning will create ;a,zone district consistent with the existing and proposed use ofi he prop€~r-ty. The ~,roposad re-zoning and development plan provide for tl'~e de~~e!oprrrent of an orderly viable community consistent with the Tovt~n's development inficrests as expressed in the Lionshead Redevelopment Master Plan. For instance, the Vail Land Use Plan designates the site ~:s "t-Zesort ~ccorr~rrroa'ations ar,o' Services". The purpose of ~i:nis land Use ciesignatior+ is, in pan, "to provide areas where hotel uses will be cor!cr~;~~ratea, rzlect~r)y tl)e cornrr)unity's goal to conceniratc Hotels +.h'ifrlf) C!):' core areas" The purpose of the Lionshead Mixed Use-1 zone distri~.t is, in part, "to provide sites far lodges, hotels, fractional fee clubs, fcrd7e cawellina~ units, and tirnesharES" , "to provide economic incentives fa~° ,vroperties to reds~belop" and "to create an economically vibra! ~t ioagr~;~, housing and corrimerciGi core area." Staff believes that this ar,~endrrr~~nt tur~rrers the development objectives of the Town and serves ti•+e best i~~teres of the cornniunity as a whole. 5. The e:cterdt fi:c~ wrsdr,~i t'rte ~ot~e riistpACt ar~enr~~rnent resuEts in adverse or i~eneficiai imps<~ts i~~~ rl~~e nax~!rr•ai enrr~re~nmer~t, in~fuding but not iprnited tc~ water rua4'st~~, air yuaiity, noise, vegetation, riparian corridors, hiVVsides anc# st&°,er desiral;~le natura6 features; and The proposed re-;~os~ir7~~ ,,~i(i r,ot si;nifi:,•antly : ItEY the existing character or uses allowed on ''he sits;. As such, siaff ~iUes not for see any adverse impacts ort the nat~irai F.;r=viror~r~~ent to inc:l~.~~;le tArater quality, air quality, noise, vegetation, et+:;. in fact, given tl~a i~~rrg+.~age as adopted for the detailed rec+~mrr+enuatic~ris ~t.~r tl~se site, it could be reasonably expected that benefici~~l impacts ~,ould ~~esuit f:~am thy: r.~~i+~ning and redevelopment 01` the si.e. i=or exarnp~l::, ~{~ irrtc;;~~~F~d outc~~;,i~; of 'ine rerevelopment of this site, r1F.;t;ardir~~i iU th~~ 1...s.,,7shF~;:$d ~tedevc~ioprnent MG~ster Harr, is the restoration and e~~f-i_=~tccr~r;e;:~,t r+f tht i~'~iddle E:,reeK ripar;~n corridor. 6. The extent to wh~ciz tt~.e ;~rrr~e cistrict ame~r~dment is consistent with the purpose staterner~z ,fir true ~~r~,aa~sed ,~r~r~:e c1'rstri~:~t. The Lionsl~~ead Nlix;~~:!:i ,.I,,~•~~ ~t_lUit~-'11 I.?isti~i+t is p~~opose~i for the subject property/. _I_hF* prr~F+o:,e~i z~~~r+~~ Jisric;. is ~Gf3Sl~,ter~t with the intended purpose of hat Corte +aistric;<. ~y copy of the purpose statement of the Lionshead I~iixec'. FJs~~-'i z~}r!~. ci:=tri t is ~;.r^vit,'ed 'n Section V of this rnerr~orar+curn. 7. `1'he e:atterat to ~~I~y~~e-r ~~§?~•:x.E~m t,~ustr"tr.:t arrr~c:ndir^~ent der!nonstrates how conditions have cEnar9c~e.d sirvice the ~:~;s^~ing designation of the subrject lpe•operty ~.~Ras ~;;;;y~3~~,~! ~~~d is no l+~r;ge~ appreg~riate. Since the original `ac~op;'::~?r ~_~' z~yning on tL~e property, the Town. of Vail has undergone an E;,r+,r=r~~;i~..~a study for iha redevelopment of the Lionshead area of Town. As such, the Town has adopted clearly identifiable goals Gnd obj}~~.,tives for deveiopmeent in this general area of Town. In order tc~ ~«sure ti'sat t'nese goals and objecl:ives for development are carried out, the Town adopted two new zone districts; one of which is the Lionshead N~ir~d l;se-1 District. 6f approved, the applicant will be afforded the opportunity to redevelop the rife with the Town's goals in mind. To that end, the Lionshead Redevelopment Master Plan, through the adoptic~~n of RE;solution Pic. 15, Series of ?fl05, outlines very clear and specific objectives fc~r de~ic;ic~pn-ie~~t on the Fvargreen Lodge site. These objectives care be c9ilfiL :~- ~;hap'ter ~ of t~f '~.icrrishc~~ad Redevelopment Master f/iar,. 8. Such other factiars a~~ ~:rriYeria~ as fN~e :a~~~irrrissior~ and/or Council deem applicab6e to ~B-~e p~•tapose~a r~:~or~i~~rr~. IX. STAFF RECf1Nii111ENG~A~'iCY~I The Community Gaveloprnerri i7epsrrnen~i recon7n-~enus that the Planning and Environmental Cor'-irt~ission f~~r;nracci~ ~~ 6~e~:erdrry-yerr+±~,~ti~-ri t~f «~~roval of an amendment to the C:rfficial 'i awn cif ylc:i ;~:anirtg ~;Fap, pud s~_;ant to ~ hapter 3, Title 12, Zoning Regulations, 'Vail Towt7 CG~~'3!', to rezone Lot ?_, Mock 1, Vail Lionshead 2nd Filing to the Vail Town Council. Staff's recommendations is k,asEy~~ tra,ur~, hr, i'~ViE;1nr o1' u,e criteri? outlined in Section VIII of this memorandum anc! the evirlc;nce and testimony presented, subject to the following findings: "Before, recommending andror' rrantin~7 an ap,~rav?l of an application for a zone distri~•t bc~und~~;~- ~~rr~~rrdrrant the Manning & Environmental Comini$Sia/r arld 1`i7e ~'~~!!!Jf? ~;~1~_f.71',II S,f,ail n)cs'+:i- 2'l78 foilLWi/tC~ findings Wlth respect to the reques~~•d arr,~-riur~~;;r~i: 1. ,That r'he amerr~f, Went ~~, consistent iwith th.,~; adopted goals, objectives and policies ac,~tlinec~' r~, the Vail ~;ompr~lrensive Plan and compatible with the devei~prriE:;11 c~hjcciives ~f the Town; and 2. T e7at tl}E? aJ)72; admerrt is compatible wifh acid suitable to adjacent uses and appropriate for the surrou^dir,g areas; a~~rd 3. that lt;~e a:rrarrdrr:pni,:~'~1;r--.;,tar the heal~l;, safety}, murals, and general iNelf'i3r~ crf ti']B r.:~~sf .~'~u fi);'.t;770i.`t•S fht c,!~Ori~lnc'%E';t? a!'ld harmonious devaiopr~tent ~~f ti,a ~ ~~rvn rn a manner fh~t conserves and enhances its natural en~~ironment and its established character as a resort and residerrtiai cot7;rnur~i~p~ ~;f tr,e h;y;~~esi~ qu~?ri_y:" X. ATTACHMENTS A. Vicinity Map V ORDINANCE N0.30 Series of 2005 AN ORDINANCE REPEALING ORDINANCE NO. 1, SERIES OF 1990, SPECIAL DEVELOPMENT DISTRICT NO. 14, DOUBLETREE HOTEL, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 2, BLOCK 1, VAIL LIONSHEAD 2ND FILING, FROM HIGH-DENSITY MULTIPLE FAMILY (HDMF) DISTRICT TO LIONSHEAD MIXED USE-1 (LMU-1) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on November 14, 2005, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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. ORDINANCE N0.30, SERIES OF 2005 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to repeal Ordinance No. 1, Series of 1990, and to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Ordinance No. 1, Series of 1990 shall be repealed in its entirety and Lot 2, Block 1, '. Vail Lionshead 2"d Filing shall be rezoned from High-Density Multiple Family (HDMF) district to Lionshead Mixed Use-1 (LMU-1) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. 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 4. 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 ORDINANCE N0.30, SERIES OF 2005 previously repealed or superseded unless expressly stated herein: Section 5. 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 6th day of December, 2005 and a ,; public hearing for second reading of this Ordinance set for the 20~' day of December, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20~' day of December, 2005. Rodney Slifer, Mayor ,; r Attest: Lorelei Donaldson, Town Clerk ORDINANCE N0.30, SERIES OF 2005 RESOLUTION NO. 15 Series of 2005 A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN EXPANDING THE BOUNDARIES OF THE MASTER PLAN TO INCLUDE THE EVERGREEN LODGE DEVELOPMENT SITE AND ADDING DETAILED PLAN RECOMMENDATIONS FOR FUTURE DEVELOPMENT ON THE EVERGREEN LODGE DEVELOPMENT SITE, AS PRESCRIBED IN CHAPTER 5 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council (the "Town Council") .adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Master Ptan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vail Planning & Environmental Commission has held a public hearing on the proposed amendment on August 22, 2005, and has forwarded a recommendation of approval with modifications of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the boundaries of the Master Plan to include the Evergreen Lodge development site and to add detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council finds that the proposed amendment improves and enhanced the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. r N,OW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in BOLD ITALICS (additions) and LT~~ (deletions)., (in part) CHAPTER 5 Detailed Plan Recommendations 5.19 Evergreen Lodge at Vail The Evergreen Lodge is located directly east of the Middle Creek Stream Tract and is bordered to the north by the South Frontage Road, to the south by the Vail Valley Medical Center, and to the east by the WestStar Bank office building. The lot area is 114,337 square feet or 2.625 acres. Physical improvements that currently exist on the site are a nine story stucco hoteUcondominium structure with an adjoining two-story hotel facilities wing, two below-grade structured parking garages, and paved surface parking. The nine story structure has a predominant east-west orientation along the southerly edge of the site while the facilities wing has anorth-south orientation along the western edge of the site. The eastern parking garage is utilized by the Vail Valley Medical Center for employee parking and is accessed from the South Frontage Road through a shared entry/exit with the V~estStar Bank office building. Opportunities for future improvements and upgrades include: • Creation of more underground parking; • Architectural enhancements consistent with the Lionshead Architectural Design Guidelines; • Improved exterior lighting; , • Coordinated vehicular access; • Improved pedestrian circulation; and ~ ;~ • Upgraded. and expanded hotel accommodations and amenities 5.19.1 Pedestrian Access Pedestrian access should be upgraded to provide a safe and attractive pedestrian connection from the Evergreen Lodge to West Meadow Drive and 2 t along the South Frontage Road. A gravel path connecting the South Frontage Road to the paved pedestrian path located on the east side of the Dobson Ice Arena presently exists along the south side of the property. This path, while functional, receives little, if any, regular maintenance and includes a railroad tie set of stairs that is unsafe and in disrepair. ,~ There are currently no pedestrian improvements located along the South Frontage Road. Though no improvements exist, a fair number of pedestrians use the southerly edge of the South Frontage Road when entering or exiting the site. In order to improve pedestrian access and safety, it is recommended that future redevelopment of the site includes the construction of a continuous pedestrian/bicycle path along the South Frontage Road and that the existing gravel. path along the southerly edge of the site be improved and regularly maintained. 5.19.2 South Frontage Road Improvements and Vehicular Access The site is currently accessed 6y vehicles off of the South Frontage Road from two, two-way access points. Given the proximity of the eastern most access point to those of the Vail Valley Medical Center and the WestStar Bank office building, less than desirable vehicular traffic patterns and turning movements exist in the vicinity. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements should be explored in conjunction with any future redevelopment of the site. Possible opportunities for improvements may include, an improved mass transit stop, relocated points of entry/exiting, acceleration/ deceleration lanes, greater sight .distances, dedicated turning lanes and landscaped medians. 5.19.3 Preservation of Existing Accommodation Units The Evergreen Lodge presently contains 128 short term accommodation units. In addition, The Evergreen Lodge also contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the Lodge. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the site shall ensure the preservation of short term accommodation units on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount of gross residential square footage on the site as well as requiring the preservation of 128 accommodation units. With this in mind, the quality of the existing accommodation unit room could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instead, however, should the amount of gross residential floor area devoted to accommodation units be reduced. 3 r- 5.19.5 Impacts on Middle Creek Stream Tract The Middle Creek Stream Tract lies to the west of the Evergreen Lodge. The Tract is owned by the. Town of Vail. The tract is heavily vegetated with several substantial deciduous trees and a significant lower layer of underbrush..Although the site borders the Middle Creek Stream Tract, there is: no significant amount of quality vegetation on the site, and the parcel lies out of the 100-year flood plain. As currently configured, opportunities exist to better recognize the benefits of creekside development. While the natural riparian corridor of Middle Creek needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. An opportunity exists to create a significant connection between the Evergreen Lodge and Middle Creek. Any use of Middle Creek for aesthetic or recreational purposes, however, should be subordinate to the preservation of the natural riparian corridor and its inherent character. 5.19.6 Relationship to the Vail Valley Medical Center and the proposed Vail Civic Center Perhaps the most critical functional relationship is the need to coordinate any future development on the Evergreen Lodge site with the Vail Valley Medical Center. For example, every effort should be taken to ensure that future development on the Evergreen Lodge site does not preclude the Vail Valley Medical Center from reconfiguring the design of the medical center to eliminate vehicular access off of West Meadow Drive and relocate the access td the South Frontage Road. Additional opportunities may include, shared service and delivery facilities, grading and site improvements, shared parking, pedestrian pathway connections, and land exchanges. 5.19.7 Service and Delivery Service and delivery functions for the hotel are accommodated on grade from the westerly entrance. Service and delivery for the Evergreen Lodge should occur underground or be hidden from public view. Service and delivery truck turning maneuvering should not negatively impact traffic flow on the South Frontage Road. With a realignment of the vehicular access points, attention should be given to the Iocation of service and parking areas. An additional level of structured parking at the current Frontage Road level would help to minimize the .apparent height of the existing or future structures, decrease the grade at existing access points, increase the amount of landscaping on the surface of the structure, and hide service functions below grade. 4 2 Effective date of the Resolution This resolution shall become effective upon the adoption of an amending ordinance amending the Official Zoning Map of the Town of Vail rezoning Lot 2, Block 1, Vail Lionshead 2"d Filing from High-Density Multiple Family district to Lionshead Mixed Use-1 district. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of September, 2005. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 5 --_ --; __ ,, ~~ ~~ ; ~ - - ~ - --~ __ ---- ,, ~., . . , ~,. 4 ~ ~~ ~ \ ~ %~ ~ ~ \ I ~ _ 1 \-~ -~ ` i ~ ~ I \ \~ ~ ~ / \ ~ \ .` ~ ' / ~ • • , ~ ~ \\ ;~ r \ _ , ~, ~ , ` i ~ ~ \\ ~\ \\ ~1 / ~ ~ N~~ \ •\ / ~r O ,~ ` / ~ / ~ \ ~ ~ V ~ \' \ VV ~ r ~~'~ \~~~ \~ /i/ ;l ~ ~ v i/ ~ \ i~ ~ ll4 O ~... L,'~N 1 ., I ~ ~' l ~~~' 1 ` ' 1 ~ `~ l `~ I ``~ ~ ~ I 1 Z ~ ~ ~ ~ ~ Evergreen lodge ~ Level -1 Floor Plan AND ASSOCIATES, MIC, „~.,,,r„o.,,,q, Vail, Colorado Scale: 1" = 60'-0" rare in ~w4 maauo nur nsnwrm rNlrArwir ~emeber6r20D5 W~~__~~ .~_~`_ ~ 1 , 1 1 1~ 1' I I 1, I ~ __ 1 1~II~ 11 ~ ` I \ ~ •`~ ~ '`` `\ •`, ~ I Z``~ 1 ~ I \ 1 , / ~ `~ ``` '` i I /' ~ ;I ~ ~r \ ~ \\` •~ I I ~ ` ~~ V \ X ~ \ `,``` .` ~~ ~ ~ ~ \ ` ,` I •\ ill 1 / , ~\ \ \\ \\~ ~ \ ~ `` 1 \ ~. i'~ I I i / I r 1 ` ~ \ \\~ •\ 1`~~ I II 1 , ~l ~ \ / I Y l ~ 1 1 , ~, G \ ~ \~ •\ , . I ` \ \~ \~ •` I / ~ ~ \ \ ` / \ I ~` ~ ~~ e To W ~.. ~~--~ ~ ~ I\ ~ ~ ~ / ~ ~ ~~~~~sl ~ l 1 "v~~~N'~ ~ I 1 I / ,`~~ O I I I I I 1 ~\ ---- ` - ----I------ I 1 1 - -..-~ ~ ~ . ---~-----_------------=1 ---- ----------- I-~ --------- -'---------yl-__ ... ~ . r ~.._ ~. / I L. '~, -..1-----------~, `,~ - I ~ ~, ~ ~ °. Evergreen lodge /- Level 0 Fioor Plan u~o "~`~I'"~ ,,~„~.,,,,~.,„,,. Vail, Colorado Scale: 1" = 60'-0" ,~ w».9 Mlglbl. ~EC0111CbEr 6, 2005 ___ ,.., . ; __ _ .- . ,- _ ,, ~~ ___ ~., . ., ,, ; , ` ~ ~ ~ i ! , (~ ~ °• w, , re ~ G G ', /, ~ I ~ ~ ~ G r ` j~` ----- ,% l it U (J x,,x,,~ ~ ~~ \ ~ %~ ~ , ~ ~ G. ,~ \ ~ ;, ~ , /~ \ ; -` / L ~` ~ i ~ ' iQp . ~ \ k ~ ~ ~~ ~ ~ . ~ tM ~ ~ ;, % i. ~ ~--.. N~11 Pti dole ta~l ` I 1 \ ` - i. ~ ~-~ I 1 ~'~ `~ ~I f- ~ ~ ~ •~ ~ --------- ----------- - --~-- I / i ~r ~{ $~N ~ i i ~ 4 ~ t c__________ _~____~{__ _ ~ ~ ~ ----------= ~_r---~------- r, ,/ / ~ --~ -------~ '~~ '~ I / :.«-°- 1 _ ~* I ", Z ~ o-~ ~ ~ ~ Evergreen lodge ~ Level 1 Floor Plan ,wo ,~csocurES, ,o„~,,.,w,.w.,~„m Vad, Colorado n eA~ nuw+~ Decemebef 6, I005 I "1 ~_ I ~ ~~ k.,. I I __" ~ / ~ ~ ' 1 ~ I ~ I _ \ j' ~ 1 1 ~ 1 ~~\ ~ • 1 \~~ •~• ` ~ `` ~~ •\ ~, it I ~y I ! ~ ~ 1 1 \~ j 1 ~ \~ ~ I I ~ • 1 %' ~ \'_`_" ` ~ ~ ~ i / ~ ` i ~~ ~ ~ , ~ ~ I~ \ ~ '~,, \ . - ~ ~ ~ -- r ~' ~ l 1 ~ ~ / ~ / \ ~ / ~. i ~ ~, ,, ,, / \ \ ~ ~ ~ j ~ ~ ~ ' ~ y~ ~~ ~''~ l, , ~, k i ,/ .X. ~ ~ ; , ~ ;~ i -~l _ _ ~ I ~ t -' ' ~~ ;~ / I ~y I ~ • I / \ / I j t_____~,_____ ~____,~__ I I I ~ --- -- - ° --- -J-~ -L__ ~~ __- ___ ~ _ __-_ ' i~-1 . 1 -_-_- L I ~~ -"-F~ • ~- ~ , • --~----__----- ---~~ ---- r -- ---'----------~__ _ ~I ,,.__ ~ ,~ ~. I 1 I I ' I / • I L Z ~ ~ ~ ~ ~ Evergreen lodge ~- Level 2 Floor Plan u+o ~"~, wG Vall, Colorado SCB~e: ~" = 60r-0° ~.~.~ ,~~,.~~~ g,A,.® xuna+~.,> Decemeber 6, 2005 /~ _~,, . , /~ /~ %; G .~ /' %%~ ~ /<Y ~ L _ /' ~_t_____ __, _~____~1_ ~. // I I I a z~~~~~ ~,,~ .~.~ IIIIq{ ItlA A~01 md•00 O0 R M~Mm9 1NOfOMiv1 ,~ ~''-..,_ II 1 I Evergreen lodge Vail, Colorado Detemeber 6, 2005 level 4 Floor Plan Scale. l - b0 -0 e zoo--~~~~ ,wo essocu~s, irx. ~.~.~ lanl MAWS mIUICD wcf n sr~ wmowu. Evergreen lodge Vail, Colorado Uecemeber 6, 2005 Level 5 Floor Plan Scale. l - 60 -0 '~-_ \ .-. - _ -_ ~' ,, ~~ --~__-.. ,.~ ~.~ ~ ~ `` ` \` ~. ~ i ~ ~~ ~~ ,~ ,,~~ ;~ ~ ~ ~ ~ ~ - ~. i , ~ ' . ~ . 1 ~ i ~ ----~ r ~ ~. ~. , ;,, , I y~' ~ / \ `~ , \ • I ~ \ / \ /~ ~ / \ ~ / ~ • I I ~ \ I ~ ~ ' / \ I \ / ~~ \ ' M / / i i -fi------ ~ ~~ ~ . . J ~- i ~ V } ,. /~,Y ~ ~ ~? ._ _ , L_____~-_--- ___-~c__ ~ ' r- .,,,,~ ~,y ~ ____ _________ _ ________ ~ --- -------- --------~ ~ --L ------ .. r~ I ---~__,.__ ... / ~. ~, ~. `~ I / I I I ! I I E ~ Evergreen lodge ~ Level 6 Floor Plan AND ASSOCIATES, INC. ,,,,,~,,.,,,~.,~.,,.m Vail, Colorado $C1~2: 1" = 60'-0" ~m ~. pn1 mnw no ,.aa+~ waaw.~. Decemeber6,2DO5 _ \, w-__,_ _..~ i -- i -- i -- ~~ `_ i i i~ ~ ~ i ~ ~ ___ ~ ~ i ,~ i J ~ ~~ , i i I ~ ~ '\ i ' I ~~ / ! ~\ ~~ I ' , ~ ~ ` ~ t ~ .~ , \ ;l i l \ \ ` . ~ , ~ ~` ~ / , ~\ ,`I . \ \ \ ~ / . 1 V ~~~! i ~ ~ ~ ~ ~~~ `;. ~ r % / r i ~ , f / ' I l 1 ~ 1 \ • ` ~ \ I /~ \ / \ ~ 1 ~ ~ \ / ~ i/ \ I ~ / I~ ~ I ~ - --~ ' r \ ~ ~ M1 . i 4 i i L L_____~_____~~___Y__ .~ I ~~~~ ~~~~~~~~~ ~~~~~ __~ --- - - -- i ~ ------ ----------~- --L----- ~~ - . i~... ~~ ...~..- ~/ • I.~ ~ .~, '-'-•- r _r------------------------•------- . . I ---~___--- ,, ,,, ., I ~~~~E~ Evergreen lodge 1 Level 7 Floor Plan ,~..µ..~.M.o. ~o ~ ~"`. va~i, Co~orad~ Scale: l" = 60'-0.. 16 p1gM® 1Nl17Mf~ Decerneber 6, 2005 % -\ _ I I I 1 , 1 \1 ~' ~' _ I I I 1 !' 1 \\ I ~ _ ~'_-~___ \ I \ I \ i I ~~\ \~ 1 1 ~ ~ I . .` ~ ` • J~` ~~ ` ~ I / • ~ ` \ `~ 1 1 I I , I ~ '' \\ •\ \ / 1 ~ ~ \ ~ \" ~~ •\ \\ . ~ ~ ~ \ \ '~ ' I r , \ ~ ~ ~ \,\ ' ~ \ \ ~ ' \ r ~ ~ ~ / ~ ` ----. 1 ~ % i ~ \~ / / /\ \ i i ~ ~ \ ~ i ~ / ~ \ \ Ir l ~ 1 \/ ~ / ~ / ~ \\ '\ ~, -' ~ I / ~ / \ r \ 1 4/ 1 ~ \ \ 1 ` \\ ~ \ \ I I ~ • /L ~ / \ / \ / ~ \ ~ \ •l ~ V \ / \ ~ ; / \ I \ ~ ~ \ ~ ~ ~ -- _. ,._~. / Y ~ j I ~~ / ~ ~ ~ I 1 Q . L-----~-_---, ~,-----:-- _ ----------- ~ 1 I ------ ~ 1 ' ~ i -L-- ~ !! ~ -- .~, ' ~ I -------------------~---- . .. ------ I 1 I 1 1 1 ~ I ~ . I r Evergreen Lodge - level 8 Floor Plan MID ASSOLNTFS, INC .n+lnlw • n~wc ..eem ' VaII~ Colorado Scale. ~ ~~ = 601-~~~ ILb Ip RF1~ m,~VO nm ,.a,~r.m, ~Ilnan.,~ Decemebef6,2005 ~~i z~o-~~~~ AND ASSOCIATES, ING .~.~ ,~~~~~ R/7M® IAIICOMI~ Evergreen Lodge Vall, Colorado Uecemeber 6, 2005 Roof Plan Scale: l" = 60'-0"