HomeMy WebLinkAbout2006-01-03 Support Documentation Town Council Evening SessionTOIIVN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JANUARY 3, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1 • ITEM/TOPIC: Citizen Participation. (10 min.)
2• ITEMlI'OPIC: Consent Agenda. (5 min.)
A.) 12.06.05 & 12.20.05 Minutes Approval.
6.) Law Enforcement Assistance Fund (LEAF) Grant.
The Police Department has received a grant from the Colorado
Department of Transportation for increased Driving Under the
Influence (DUI) enforcement during calendar year 2006, under the
LEAF Program. This $12,000 grant will fund overtime for police
personnel to conduct DUI patrol and appear in court for related
cases.
C.) Annual appointment of newspaper of record for Town of Vail
publications and notices for 2006.
Appoint The Vail Daily as the newspaper of record for 2006 for the
Town of Vail publications and notices.
The town annually establishes a newspaper of record for all public
notices. This year, we requested a bid from Eagle Summit
Publishers, owner of all the newspapers in Eagle County, and
requested a bid for The Vail Daily publications. The bid has been
opened and the attached bid is the result of the bid proposal.
D.) Resolution No. 1, Series of 2006, a resolution designating a
public place within the Town of Vail for the posting of notice for
public meetings- of the Vail Town Council, Planning and
Environmental Commission, Design Review Board, and other
boards,, commissions, and authorities of the Town of Vaif.
Pursuant to Section 24-6-402 2 c of the C.R.S. as amended,
provides that local public bodies(must give full and timely notice to
the public of any meetings at which the adoption of any proposed
policy, position, resolution, rule, regulation, or formal action occurs
at which a majority or quorum of the body is in attendance, or is
expected to be in attendance.
3. Russ Forrest ITEM/TOPIC: 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. (5 min.)
ACTION REQUESTED OF COUNCIL: The Town Council is being
requested to table this appeal to the January 17, 2006, Council
hearing.
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. On December
20, 2005, the Town Council tabled the Hess Residence appeal to
January 3, 2006.
STAFF RECOMMENDATION: Staff recommends that the Town
Council tables the Hess Residence appeal until January 17, 2006,
per the appellant's request.
4. Bill Carlson ITEM/TOPIC: A request from the Eagle Valley Alliance for
Sustainability fora $15,000 donation and review of supporting
documentation regarding the county wide recycling program. (5
min.)
ACTION REQUESTED OF COUNCIL: Approve funding with
conditions or deny the request.
BACKGROUND RATIONALE: The Eagle Valley Alliance for
SuStainability has proposed to take over and operate the Eagle
County recycling program. See the attached summary Alliance
Recycles;- Tle Nutshell.
STAFF RECOMMENDATION: The ..Community Development
Departmenf'recommends the . Vail Town Council approve the
funding request. In the. '06 budget, $15,000 was earmarked for
recycling under Council Contributions.
5. Dwight Henninger ITEM/TOPIC: Emergency Preparedness Update. (30 min.)
Staff will present an update on the Town's state of emergency
preparedness and critical incident management, along with goals
for 2006. No action requested from Council.
6. Matt Gennett ITEM/TOPIC: Second Reading of Ordinance No. 20, Series of
2005, an ordinance repealing and reenacting Ordinance No. 9,
Series of 2003, providing for the major amendment of Special
Development District No. 36, Four Season Resort, and amending
the approved development plan. for Special Development District
No. 36; in accordance with Chapter 12-9A, Vail Town Code; and
setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 20, Series of 2005, upon
second reading.
BACKGROUND RATIONALE: On :July 10, 2001, the Vail Town
Council approved Ordinance No 14, Series of 2001. Ordinance
No. 14, Series of 2001, adopted a development plan for the
establishment of Special Development District No. 36, Vail Plaza
Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series
of 2001, approved a development plan for the special
development district which included 15 dwelling units, 116
accommodation units, 40 fractional fee club units, and 14 Type III
employee housing units. The approved deviations from
development standards of the underlying zoning included an
increase from both the maximum allowable height and maximum
allowable site coverage standards.
On October 7, 2003, the Vail Town Council approved Ordinances
No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10
adopted an amended development plan for Special Development
District No. 36, Four Seasons Resort and rezoned a portion of the
development site to the Public Accommodation zone district. The
amended development plan allows for the construction of a mixed
use hotel development to include 18 dwelling units, 118
accommodation units, 22 fractional fee club units, and 34 Type III
employee housing units.
On August 8, 2005, the Planning and Environmental Commission
forwarded. a recommendation of approval to the Vail Town Council
of a major: amendment to the Approved Development Plan for
Special Development District No..36;, Four Seasons Resort. The.
major amendment consists of the following,; modifications. the total
number of ,proposed Dwelling. Units is reduced from :eighteen. (18)
to ,aixteem ('16); 'the total number of proposed Accorrimodation:'
Units increases from one hundred, eighteen-(118) to one hundred
twenty-two '(122); the "total- number of proposed F~ac#ional Fee
.\
Club Units is decreased from twenty-two (22) to nineteen (19);
and the total number of Type III Employee Housing Units
decreases from thirty-four (34) to twenty-eight (28).
On November 28, 2005 the Planning and Environmental
Commission upheld staff's approval of a request for a minor
amendment to Special Development District No. 36, Four
Seasons Resort, to allow the applicant to shift the building
footprint one foot (1') back from its approved location.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No: 20; Series of°2005; `orr~second reading:
7. Warren Campbell ITEM/TOPIC: Second Reading of 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. (10 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 20, 2005, for further details (attached).
On December 6, 2005, the Town Council approved the first reading of
Ordinance 25, Series of 2005, by a vote of 5-2-0 (Hitt and Foley
opposed).
STAFF RECOMMENDATION: The Community Development
Department recommends.: that- the.. Vail.' Town: Council appiroves
Ordinance No. 25, Series of 2005;, on second reading:
ITE~111lTOPIC Second reading- of Ordinance 29; Series 'of` 2005; ar'
ordinance ameridmg...Title' 11, Sign Regulations; .Title; 12; Zoning
Regulations;:. Title 13;`' Subdivision: Regulations;. and Title" 14;
Development.'Stan'dards Handbook; Vail Towne Code, for .proposed
corrections and clarifications to the Vail Town Code (Housekeeping
Ordinance). (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 29, Series of 2005 on
second reading.
BACKGROUND: A work session for Town Council was held on
December 6, 2005, where a report outlining the details of the
proposed text amendments was distributed. Council members
asked questions regarding the proposed text amendments and no
changes were made. On December 20, 2005, .Town ,Council
app`roved' Ordinance 29, Series of 2005 on first reading, with a
vote of 7-0-0. Since the first reading, additional text amendments
were included to allow Type IV Employee Housing Units as a
permitted use in the HR, SFR, R, PS, RC, LDMF, MDMF, HDMF,
PA, CC1, LMU-1 and LMU-2 Districts. These additions will be
addressed by staff in the presentatiori.
STAFF RECOMMENDATION: The Department of Community
Development recommends that the Vail Town Council approve
Ordinance No. 29, Series of 2005, on second reading.
9. Bill Carlson ITEM/TOPIC: Second reading of Ordinance No. 32, Series of
Russ Forrest 2005, an ordinance amending 5-3-2, Public Health and Safety,
Vail Town Code, and setting forth details in regard thereto. (5
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 32, Series of 2005.
BACKGROUND RATIONALE:
Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town
Code, defines a solid fuel burning device as follows:
SOLID FUEL BURNING DEVICE.• Any fireplace, stove, firebox or
device intended and or use for the purpose of burning wood, pulp,
paper, or other non-liquid or nongaseous fuel.
The applicants propose to add the following language to this
definition (added language is shown in bold type):
Solid fuel burning device does not include cook stoves in
licensed: commercial eating and drinking; establishments in
the Town of Vail:
Staff
is in favorof the proposed. text amendment based upon the
intent `of the `subject regulation and' the proposal not having. a
negative impact upon the purpose..and intent of Section 5-3-2, Vail
Town. Code.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council approve
Ordinance No. 32, Series of 2005, on first reading.
10. Matt Gennett ITEMlTOPIC: Second Reading of Ordinance No. 33, Series of
2005, an ordinance repealing and re-enacting Ordinance No. 12,
Series of 2006, Cascade Village; amending and reestablishing the
approved development plan for Area A of SDD No. 4, in
accordance with section 12-9A-10, Vail Town Code, to allow for
the construction of eleven new dwelling units; and setting forth
details in regard thereto. (5 min.)
_ ,_
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 33, Series of 2005, upon-
second reading.
~.
EACKGROUND RATIONALE: On November 14, 2005, the
Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council of a major
amendment to the Approved Development Plan for Special
Development District No. 4, Area A, Cascade Village. The
requested amendment amends the total number of allowed
dwelling units in Area A, Special Development District No. 4, from
ninety-four (94) dwelling units to ninety-eight (98).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 33, Series of 2005, on second reading.
11. ITEM/TOPIC: Town Manager's Report. (30 min.)
• Work Session Take-Aways
• Vail Community Plan
12. ITEMrTOPIC: Adjournment. (7:50 p.m.)
NOTE UPCOMING MEETING ART TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL.TOWN.000NCILBEGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY JANUARY 17, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language'interpretation available upon request with 24-hour riotifica'tion. Please
call 479-21.06 voice or 479-2356 TDD for information. _
Vail Town Council Meeting Minutes
Tuesday, December 6, 2005
6:00 P.M.
Vail-Town Council Chambers
Council Members Present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Kim Ruotolo
Farrow Hitt
Greg Moffet
Kent Logan
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
Slifer called the meeting to order at approximately 6:08 p.m
The first item on the agenda was recognition of Diana Donovan by proclamation for her
years of .service as a Vail Council Member. Ruotolo declared no one was more
dedicated to the town than Donovan. Logan explained the town owed a great debt of
gratitude for Donovan's efforts. Hitt also thanked Donovan for her invaluable service.
The second item on the agenda was Citizen Input. -Gwen Scalpello complemented the
public works people for the decorations in the roundabout, and "Our guests will be very
impressed when they come for Christmas."
Joseph Staufer said building a West Vail fire station is a "debt of honor." He also said
the lodging community should be consulted regarding the use of the conference center
lodging tax proceeds.
The third item on the agenda was a approval of 11.01.05 and 11.15.05 Evening Session
Minutes. Moffet moved to approve the 11.01.05 minutes with Ruotolo seconding. The
passed unanimously, 5-0. Gordon and Foley abstained as they were not on Council at
the time of the meeting.
Moffet moved to approve the 11.05.05 minutes with Foley seconding. The motion
passed unanimously, 7-0.
The,, fourth., item on the agenda was consideration of a Brochure Rack Fee for Visitor
Information Centers by vendors who do not otherwise hold _a valid Town of Vail Business
License:. In October 2005, Council directed staff to pursue a brochure rack fee to 6e
used in the Visitor Information Centers. to promote activities by vendors who do not
otherwise hold avalid- Town` of Vail. business license. The direction was given after
Council identified a larger need to provide equity for vendors doing business within the
town. This is because the town business license requirement excludes businesses
located outside the town from obtaining a Vail business license. To rectify this
circumstance, Town Attorney Matt Mire suggested preparing a question for the .
November 2006 ballot to require- business licensesfor all-vendors~who conduct business
within the town. While noting the equity issue is much larger than the business
conducted through the Visitor Information Centers, Council has asked to pursue a
vendor brochure rack fee to provide equity for vendors represented within the Visitor
Information Centers as an interim measure. There are currently 33 vendors doing
business in the Visitor Information Centers who do not have a Vail business license. The
Town of Vail has the authority to implement a rack fee as an administrative action, so
long as the revenues from the rack fees are used to assist in operation of the Centers.
While a vendor brochure fee.would, indeed, provide equity. to those.. businesses that use
th'e Visitor Information" Centers, .there ~is the ~ "possibility,. thaf` a' fee" would- discourage
vendors from supplying their materials to the centers. This could possibly limit the variety
of activities and amenities promoted by the Visitor Information Centers. In providing
direction to the staff,. Council was asked to consider the importance of providing equity to
Vail's businesses while balancing an equally important role to promote a variety of
activities and amenities to Vail's guests. Public Information Officer Suzanne
Silverthorne stated she believed the proposed rates were equitable. Assistant Town
Manager Pam Brandmeyer clarified business licenses started at $325 per year with
restaurant and hotel licenses varying as they based on number of beds or chairs. Bob
Banks, Visitor Center Operator, stated rates coincided with those charged in the Eagle
County Airport. Tom Bacchus owner of Four Eagle Ranch, stated he did not pay a rack
fee anywhere. "Don't succumb to the narrow vision of Vail only." Jim Feldhouse,
Colorado Mountain Express said, "I believe paying a "fee brings equity to all of the
vendors." Ruotolo clarified this was limited only to businesses to those who offer
services not offered in the town of Vail. Moffet encouraged Feldhouse to sponsor
legislation county-wide. Moffet moved to implement the proposed brochure. rack fee for
those° vendors' who_ do not. hold" a':valid" Vail business license. Foley. secondetl' the
motion. Mire stated the collected fees would subsidize the operational costs of the
centers. The motion passed. unanimously, 7-0. _ _ . .
The fifth item on the agenda was a request to proceed through the development review
process with a proposal to reconfigure private, improvements on Town of Vail .property.
Planner I Elizabeth Eckel .reported Sweet Basil "Restaurant was in the process of undergoing
design review of an application to reconfigure the existing outdoor patio at the southeast
elevation of the Gore Creek- Plaza- Building.: The area proposed for reconfiguration
consisted of approximately eighty four (84) square feet and is located upon the town's right-
of-way'at Gore Creek Drive. Since Sweet Basil/Gore Creek Plaza Building is proposing to
alter improvements upon Town of Vail property, the Town Council, as. the property owner,
had; to grant the applicant permission to proceed through the development review
processes. Moffet. moved with; Ruotolo seconding., a, motion : to approve. The .motion
passed"unanimously; 7=0:
-The sixth item on the agenda was Election Commission: Appointments for. the Town of
- . ,.
` Vail The election commis"sion consists of the town'clerk-and:two qualified and registered
electors . of the .town,-_ who during their term of office` shall not be town "officers or:
' employees or: candidates "or nominees: for electiveaown .office These, two members shall
- ~.~_~,,
be appointed by the council in the first regular meeting following a regular ~towri election;
for a term of"two (2)'yearsfand'sta0 serve withoat:compensation.".The town clerk shall-bey
chairman;. The election commission shall have charge of alf activities-and duties required
2.
of it by statute and this Charter relating to the conduct of elections in the town. In any
case where election procedure is in doubt, the election commission shat! prescribe the
procedure to be followed. The commission shall provide procedures to establish proof of
residency-qualification where residency-is in question_ Upon a `showing for good cause,
the election commission may .require proof of residency by any person registered to vote
or attempting to register to vote in the Town of Vail. Said person shall not be qualified to
vote in any municipal election until the election commission is satisfied that he/she has
presented sufficient proof of residency as required by law or ordinance adopted pursuant
to this Charter. The election commission shall provide for ballots and sample ballots or
voting machines, for determination of the winner in the event of a tie vote, for canvass of
returns and for the issuance of appropriate certificates. The Town Clerk is requesting the
Town Council to appoint Vi Brown,and Summer Holm to the. Election Commission of the
Town of Vail; toryserve from° November 2005~°to~ November;'2007:°'~ "'Moffef`movetl with
Foley seconding. The motion passed unanimously, 7-0. Moffet and Foley thanked both
for their service, as well as all the current election judges.
Slifer asked if town voting machines needed to be replaced. Voting machines are
currently rented from Ealgel County and are in compliance with state and federal
regulations.
The seventh item on the agenda was Council Committee Appointments
a. Northwest Colorado Council of Governments Board:
Slifer.
b. Water Quality/Quantity Committee/NWCCOG Member.
Chuck Ogilby.
c. Colorado Association of Ski Towns (CAST) Member and Alternate.
Slifer and Town Manager Zemler.
d. Vail Recreation District/Town Council Subcommittee
Brandmeyer.
e. Commission on Special Events (CSE).
Brandmeyer.
Mark Gordon
i. Art in Public Places (AIPP).
Logan.
j. Mauri Nottingham Environmental Award.
Hitt.
k. ~ Vail Valley Exchange/Sister Cities.
Ruotolo.
I. Eagle County Regional Transportation Authority.
Foley.
m. Ford Park Management Plan.
Brandmeyer.
n. Open Space/Charter Committee.
Gordon.
o. Colorado Ski Museum and Ski Hall of Fame.
Police Chief Dwight Henninger.
q. Vail Youth Recognition/Ambassador Award.
Ruotolo.
r. Vail Alpine Garden Foundation Board (VAGF).
Brandmeyer.
s. I-70 PEIS ( Programmatic Environmental Impact Study) / I-70 Coalition /
Transportation.
v. Eagle County Capital Projects Advisory Board.
Slifer with Hitt as alternate,
w. Eagle Valey Child Care Association.
Human Resources Director John "JP" Power has served as the Council's
representative on this committee, with Kim Ruotolo serving in an advisory
capacity.
x. Rural Resorts Region.
Moffet.
y. Donovan Park Pavilion Committee.
Diana Donovan.
z. Timber Ridge affordable housing Corporation (TRAHC)
Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit
corporation incorporated on July 9, 2003. TRAHC is governed by a Board of
Directors, originally comprised of all members of the Town Council. On March 1,
2005, the Board amended TRAHC's by-laws to name a new Board comprised of
the following staff: Town Manager (President); Director of Finance; Director of
Community Development; Director of Public Works; and Facilities Manager. The
TRAHC Board is responsible for managing the process to redevelop the property
known as Timber Ridge: Village Apartments and to direct the operation of the
property until such time as redevelopment begins.
aa. West Vail Planning Committee
Ruotolo and Logan.
bb. Visitor Center Sub-Committee
Although a new contract began w/the operator October 1, the subcommittee will
remain a standing committee to conduct a six month performance review in
March 2006 and to deal w/any issues as they arise. Kim Ruotolo, Farrow Hitt,
Stan Zemler, Suzanne Silverthorn, .and Krista Miller have served on this
committee. .
Moffet moved to approve the aforementioned appointments with Logan seconding. The
motion passed unanimously, 7-0.
The seventh item on-the agenda was an Intergovernmental Agreement (IGA) with Eagle
County to provide anima! control services. This item renewed an annual agreement with
the County to provide animal control services to the town. Foley clarified the town was
receiving quality service. Moffet moved with Gordon seconding a motion to approve.
The motion passed unanimously, 7-0.
The eighth item on the agenda was an appeal of the Town of Vail Design Review
Board's denial of a design review application pursuant to Section 12-11, Design Review,
ai .own ode
alterations= (ezisf' to .allow. for a change to approved plans, regarding architectural
ng skylights) to=~an existing residence; located at'~ 1220 Ptarmigan
Road/Lot 2, Block 8, Vail Village Filing 7. Foley moved to table the item until January 3,
2006 with Moffet seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was 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. On September 26, 2005, the PEC 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 (GRFA) limitations within the Grand Traverse
residential development. Upon review of the request, the PEC 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. On November 15, 2005, Council tabled
the first reading of Ordinance 25, Series of 2005, to December 6, 2005. Senior Planner
Warren Campbell verified the subdivision contained six attached employee housing
units. Gordon clarified a 500 square foot total increase in GRFA. among. 23 lots. Hitt
stated he liked what Dauphinias was attempting to do, but was afraid to set precedent
over time. Forrest stated GRFA is'a difficult thing to implement and was cumbersome
for developers to understand.__Forrest said,_"It's more complicated than its needs._to be.". _ .
Slifer commented, "GRFA has gotten out of hand...any regulation should not be that
complicated." "Any regulation that is that complicated in onerous...our system is so
broken; its ridiculous," explained Moffet. He then moved to approve the ordinance with
Ruotolo seconding. Dauphinais, president of the: Grand _ Traverse Homeowner's
Association, stated town staff were wonderful and they were right to help bring this
proposal through. Hitt asked if a neighborhood association was more important than an
individual home owner, Hitt expressed concern over setting. precedent. Gordon
commented, "It seems to be a safe way to determine if this is going to work, in a
controlled environment, what's wrong with moving forward with this to make the lives of
our constituents better." Campbell confirmed that required, roof pitches controlled any
potential. "big box" type of houses filling up the building envelope. PEC. Memper. Bill
Jewett,believed, "This is an excellent opportunity to see what happens when GRFA is
eliminated:.': If you never try, you: will never know." Tlie motion passed 5-2 with' Foley-
.....
and'Hitt opposed. ,. .
,,
..The .tenth -item on the "agenda' was..First, readirig~5of; Qrdinance: 27 Series: of 2005 an=,
- ordinance repealing Ordmanc_e IVo:; 32,.,., series: of ..2002 and rescinding a~ public ;
accommodation tax; providing amendments= to the town's. sales tax. . At the. town's „ ° .
regular, municipal ~ election held: on.: November 8, 2005, ~ the ~ voters: did .not approve-;
Question 1, resul#ing in termination, effective January 1', .2006; ~of collection of.;the sales-
,,
,. 6
l
and .lodging tax increases .implemented pursuant o 2002.. Question 2D. A future action
of the Council will be required to determine a refund methodology of the remaining funds
or a question may be submitted to the voters on how such revenues shall be used. Mire
stated- this- would eliminatethe -Public-Accomodation~tax~~~-Moffet`moved`°to° pass~the~
ordinance with Foley seconding. The motion passed unanimously, 7-0. Slifer stated the
ordinance would eliminate the collection of the conference center lodging sales tax. Mire
clarified the tax would officially be rescinded on January 1, 2006.
The eleventh item on the agenda was Ordinance No. 28, Series of 2005, An ordinance
making supplemental appropriations s to the town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund (RETT), Conference Center Fund, Health
Insurance Fund, and Dispatch Services Fund of the 2005 Budget.for,the Town of Vail,
Colorado; acid authorizing ° the expenditures of said appropriations= as set forth-;,. Moffet~`
moved to approve the ordinance with Hitt seconding; The motion passed unanimously,
7-0. Logan mentioned expected sales tax dollars were one million more than budget
and that those funds would be added to the capital projects budget.
The twelfth item on the agenda was 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"~ Filing, from High-Density Multiple Family
(HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district. Ruther explained 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 Plan:.: 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- Evergreenlodge. development site .to
LionsHead Mixed Use-1 (LMU-1) district.. On November 14; 2005, the PEC 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,Val;Town Council. Project owner.TJ~Brink said,,`The intent
is to leave the tower and take the red.roof portion. and rebuild-that area." Representing the
Vail Village, Homeowner's Association, Jirn Lamont stated. he was not pleased with the
way the ordinance was presented by staff:. "I am concerned the proposed property would
overwhelm fhe neighboring properties." During a pause for public comment Gray Davis
said he belie~red the project needed more than .regular .hotel amenities.: Gwen Scalpello
stated she was concerned' about the .proposal as LionsHead zoning is: very urban. Hitt
clarified there would be a development improvement agreemeht: Gordon asked the price
point of the hotel rooms:.- Brink stated,he was .not; looking• at~ a five star property. ' Moffet
moved to adopt the ordinance with Logan seconding. The motion passed unarnmously, 7-:
0 .. ._
The thirteenth item on the agenda was First;Reading of Ordinance No. 31; Series 2005.
Annual` appropnafon ordinance: `- Adopting a budget and financial plan `and making°
appropriations-to° pay'the cost;: expenses; and liabilities of The Town of Vail, .Colorado,
Conference: Center: Fund: for the fiscal year January 1,_ 2Q06 through December 31,
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7.
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2006. Moffet moved to approve the ordinance with Hitt seconding. The motion passed
unanimously, 7-0.
The fourteenth item on-the agenda was Second Reading~of -the Mill Levy Certification,
Ordinance No. 26, Series 2005. Mill Levy Assessments must be certified to the County
for collection annually; this ordinance authorizes certification. Moffet moved to approve
the ordinance with Rutolo seconding. The motion passed unanimously, 7-0.
The fifteenth item on the agenda was Resolution No. 22, Series of 2005. Opposition to
proposed mining exploration legislation, Opposition to House Bill 4241. Zemler
explained House Bill 4241 would eliminate an existing requirement requiring proof that
lands, being. patented for mining .claims :have mineral. that will actually be mined. This
- would~~jeopardize thousands of acres of Colorado-wilderness. Hitt. moved to'approve::with.
Moffet seconding. The motion passed unanimously, 7-0.
The sixteenth item on the agenda was theTown Manager's Report.
- '05 Fly Vail Summer Funding Results.
Brandmeyer explained the town had pledged up to $10,000 for '05 summer, air service,
of which the town's proportionate share of the shortfall would be $3,631.53. This is the
first year in the life of the program partners other than Eagle County have needed to
contribute actual dollars. In addition to the $3,600, Council also contributed a $1,000
administrative fee. In '06 through Council contributions, Council agreed to contribute
$1,200 as an administrative fee, and additionally, have pledged up to $10,000 to support
any shortfall. `?he Regional Air Council feels the program was a success."
- Visitor Information Centers Update.
Zemler reported a seamless transition to private operation of the Vail information
centers.
- _ Bicycle Event Support. _ _
__
Zemler explained there had been recent legislation limiting the number of riders in
organized bicycle events. The legislation was reported to have reached a roadblock and
Zemler stated he would return with updates.
Gordon asked if a $100,000 repayment from Vail Local Marketing District to the town
could be added to the Commission on Special Events budget as he believed the board
was underfunded.
The seventeenth item on the agenda was Adjournment. Moffet moved to adjourn with
Logan seconding at approximately 8:48 p.m. The motion passed unanimously, 7-0.
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
9
.,
Vail. Town Council Meeting Minutes
Tuesday, ®ecember 20, 2005
C:00 P.M:
Vail Town Council Chambers
Council Members Present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Kim Ruotolo
farrow Hitt
Greg Moffet
Kent Logan
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
Representing the East Meadow Drive Business Association, Reyia Kundolf greeted the
Council with samples of hot chocolate and used the occasion to invite the community to
participate in the various holiday activities underway in the neighborhood. Santa also
stopped by to deliver gifts and spread some good cheer.
~ The first item on the agenda was Citizen Recognition. In June of 2005, eight-year-old
,Hunter Fahrmeyer called. 911 in Eagle County for his mother who was suffering from an
allergic reaction to medication. Hunter's quick thinking and his ability to calmly and
-- accurately- present the requested information-to the-911 dispatcher helped to-save his-
mom's life. At this award presentation, the President of the Colorado National
Emergency Numbers Association (NENA) and Paul Smith from the Vail Public Safety
Communications Center presented Hunter with a 911 Hero's Award. Also, it was
announced that Charley Erickson, the dispatcher who took Hunter's call, had been
named Colorado 911 Hero Dispatcher of the year.
The second item on the agenda was the Vail Valley Exchange Award Recipients and
Visiting Exchange Member Introduction. Scott O'Connell, president of the Vail Valley
Exchange, recognized the 2006 Vail Valley Exchange Award Recipients: He also
announced eight Australian racers from the Mt. Buller Ski Team would be participating in
the Ski Club Vail program for three-and-a-half weeks in January of 2006. The award
recipients are Bianca Gordon and Kelsey Ferguson, both from Vail Mountain School;
and Damien Jewell, Benalla, Victoria Australia as well as. Brodie Galbraith, Mansfield,
Victoria Australia:
The third item on the agenda was Citizen Participation. John Cochran, representing the
Sonnenalp Resort, asked Council to consider an amendment to the town code that
would-allow-use. of electric carts. on Vail Road to satisfy guest service needs. The. matter.
was referred to town staff.
The fourth item on the agenda was appointment to the Local Licensing Authority (LLA).
There was one vacancy on the LLA due to Kevin Foley being elected to Town Council.
The town received three applications for the vacancy. Council interviewed the applicants
at the work session and then made the appointment at the evening meeting. The
applicants were: Mike Arnett, `Dick Cleveland and Danny Padnick. Hitt moved to appoint
Cleveland to the LLA with Foley seconding the motion. The motion passed unanimously,
7-0.. Appointments:- were .also. made- to..the Commission- on -.Special.- Events- (CSE).
Appointments were made to the CSE from among the following 11 applicants: Robert H.
Aikens, Stephen Connolly, Todd Gerhke, Mike Griffin, Clint Huber, Joe Joyce, Barbara
May, Danny Padnick, 'Bryant Routh, Scott Stoughton and Steven E. Kaufman. Hitt
moved to appoint Aikens, Connolly, Huber and Stoughton with Foley seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was a .Seibert Circle Design Update. Project Manager
Todd Oppenheimer asked Council to review a design for the Seibert Circle streetscape
feature as .presented by Wenk Associates and. to take action to approve or deny the
design, or direct staff to hire an additional design team member (WET Design) to
enhance the design for resubmittal and evaluation by the Council. At the April 5, 2005,
meeting, Council approved a recommendation by the streetscape Design Committee to
develop a new design concept for Seibert Circle. The budget for the complete redesign
and reconstruction of Seibert Circle was set at $1,134,000. Subsequent to that
approval, the Moroles sculptures were placed in storage and infrastructure and paving
improvements .were completed during this past fall's. construction period., Approximately
$350,000 of the allocated funds remain for construction of a central feature. Several
design concepts had been created by the project design team and reviewed by the
Seibert Circle Design Committee before it was disbanded following the November
election, according to Oppenheimer. The final direction by the Council streetscape
Committee was to move forward with a natural landscape design concept. The natural
design concept is a streetscape feature rather than an art feature. Council members
viewed a presentation from Wenk Associations with illustrations of the proposed
landscape design. They also heard from Ron Riley, owner of the commercial space
within the Bridge Street Lodge, who personally contacted WET Design and brought them
to Vail, at his expense, to review the site and discuss an alternative project. `They would
be able to produce something very eye catching and a little out of the ordinary...We've
known for a long time we do could a lot better out there." WET Design, based. in Los
Angeles, is aworld-renowned water feature design firm. Their list of projects includes the
cauldron for the Saft Lake 20Q2 Winter Olympics and the Fountains of Bellagio in Las
Vegas.-While the staff recommendation was. to move forward `with the landscape ,design,
...
the-;.Council::: majority ~ expressed interest' in' learning more about the: alternative
collaborative efforf between Wenk Associates and 1NET Design. Ttie collaborative`effort,
proposed:.at $35;000; would include at .least three alternative designs`wifh`estimated_
construction:-costs for. each. Gordon discouraged_a,value-engineering approach to the,
project, and. suggested. asking the part-time' residenf community for funding'support.
Ruotolo asked how much Wenk Associates had been paid for design. fees. Oppenheimer
answered around $76,000 fore several 'different aspects of the- project, including
2
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engineering. Alan Kosloff of the Vail Village Homeowner's Association encouraged the
Council to take time to explore concepts with WET Design, noting his familiarity with the
firm's reputation for extraordinary work. Sybill Navas, speaking on behalf of the
Commission~on Special'~EVents;-asked~~Coancil to consider-speciai~event'space-when
making their decision as these venues are slowly disappearing in Vail Village. Moffet
moved to direct staff to engage WET design in a collaborative effort with Wenk and
Associates for an amount not to exceed $35,000 to produce conceptual designs for the
Seibert Circle streetscape project. Gordon seconded the motion. Logan said he did not
think the town would compromise itself by deciding to use WET Design. Hitt said he
would like to see what WET Design could bring to the table. Ruotolo stated she believed
it was a poor use of public funds as she believed other areas of town could better utilize
artistic rernediation. Zernle_r .,clarified he .would.. use .existing dollars, earmarked for
construction to offset tlie'~increased ~costs,`and additiorial dollars° for °construction would
subsequently be required at the first or second supplemental budget appropriation in
2006. Oppenheimer clarified construction may not be able to be started in April if the
conceptual design option is pursued. The motion carried 4-3 with Ruotolo, Foley and
Slifer dissenting.
The sixth item on the agenda was Assignment of Option by the Metropolitan Council of
St. Pau(/Minneapolis, Minnesota, to Purchase one 40' Low Floor Hybrid Diesel-Electric
Transit Bus for the In-town Shuttle from its Contract with Gillig Corporation. The town
has been researching options to replace the in-town shuttle buses with a quieter; cleaner
burning more fuel efficient bus. Several demonstrations of different hybrid technologies
and buses have been performed in Vail and staff has attended hybrid bus
demonstrations at other sites to determine the type of technology and bus that would
meet requirements for noise, emissions and serviceability. Staff reported they believed
the Gillig low-floor hybrid bus would provide an in-town shuttle service that will improve
the experience for residents and guests by ,reducing noise, emissions and fuel
consumption:. These are. the: same- buses the;; National Park Service purchased to
operate in Yosemite National Park in California to get the same results Vail is trying to
achieve.-This. is_the first_bus of-ten to be. replaced_on-the. in-town shuttle .and. is_ included .
in the 2005 capital budget. Moffet moved to authorize the Town Manager to execute the
IGA, and award the subject bid with Foley seconding. The motion passed unanimously,
7-0.
The seventh item on the agenda was a Notice Under the Americans with Disabilities Act
agreement. Town Attorney Matt Mire reported the U.S. Department of Justice (USDOJ)
audited the town for compliance with Title II of the Americans with Disabilities Act (ADA)
as part of Project Civic Access, an initiative designed to improve access to local
government programs and facilities for persons with disabilities. Under an August 2004
Agreement between ,the U$DOJ and the Town of Vail, one of the requirements is to
adopt he Notice of Agreement; publish the notice; and,; post it on the home page. of the
town's web site. Moffet .moved- to approve the compliance: standards withi Gordon
seconding;. `..Hitt"adtled the fown.should`strive:to be'more AD:A compliant.. The.. motion
__
::, passed unanimously, 7-0. -.
The eighth item on the agenda was an Appeal of the-Town af~ Vail PEC's Denial of.a;
,,:
Variance Application, pursuant to Chapter 12-17,'.Variances Vail TownV Code, to allow
~. vy
- for a Deck within the Front Setback; `locafed at 1835 West Gore Creek Drive/Lot 20, Vail... .
Viiiage-West Filing 2. , ,
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On November 28, 2005, the PEC denied a request for a variance, 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. The appellants, Kevin
Roley- and Kate--Skaggs,- owners. of._ 1835-_ West. Gore .Creek Drive, appealed the
Commission's denial. Staff recommended Council uphold the Commission's denial,
subject to the criteria and findings in the memorandum to the PEC, dated November 28,
2005. Skaggs said the variance was being asked for because of safety issues (a fire had
occurred at the residence the past summer). Roley thanked the Vail Fire Department
and especially Fire Technician Tom Talbot for extinguishing the fire in an expedient
manner. Moffet moved to overturn the decision of the PEC with Hitt seconding. Gordon
complimented the PEC and staff for performing an admirable job. The motion passed
unanimously, 7-0.
The ninth item on the agenda was the First Reading of Ordinance No. 20, Series of
2005, an Ordinance Repealing and Reenacting Ordinance No. 9, Series of 2003,
providing for the Major Amendment of Special Development District No. 36, Four
Season Resort, and amending the approved Development Plan for Special Development
District (SDD) No: 36, in accordance with Chapter 12-9A, Vail Town Code. Town
Planner Matt Gennett reported on July 10, 2001, Council approved Ordinance No. 14,
Series of 2001. Ordinance No. 14, Series of 2001, adopted a development plan for the
establishment of SDD No. 36, Vail Plaza Hotel West, on the Chateau at Vail site.
Ordinance No. 14, Series of 2001, approved a development plan for the SDD which
included 15 dwelling units, 116 accommodation units, 40 fractional fee Club units, and 14
Type III employee housing units. The approved deviations from development standards
of the underlying zoning included an increase from both the maximum allowable height
and maximum allowable site coverage standards. On October 7, 2003, Council
approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10
adopted an amended development plan for SDD No. 36, Four Seasons Resort and
rezoned a portion of the development site to the Public Accommodation (PA) zone
district. The amended development plan allowed for the construction of a mixed use
hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional
fee club units, and 34 Type III employee housing units. On August 8, 2005, the PEC
forwarded a recommendation of approval to Council of a major amendment to the
Approved Development Plan for SDD No. 36, Four Seasons Resort. The major
amendment consisted of the following modifications: the total number of proposed
Dwelling Units is reduced from eighteen (18) to sixteen (16); the total number of
proposed Accommodation Units increases from one hundred eighteen (118) to one
hundred twenty-two (122); the total number of proposed Fractional Fee Club Units is
decreased from twenty-two (22) to nineteen (19); and the total number of Type III
Employee Housing Units decreases from thirty-four (34) to twenty-eight (28). On
November 28, 2005, the PEC upheld staff's approval of a request for a minor
amendment to SDD No. 36, Four Seasons Resort, to allow the applicant to shift the
building'footprint' one foot (1') back from its approved location. Foley asked why the
ordinance took four months. to be received by: Council after PEC approval. Gennett
reported details .regarding the relocation of; Spraddle Creek slowed the process. Moffet
moved:- to approve; the ordinance .with., Logan. seconding:: During. a= pause for °pubtic
comment, Gwen. Scalpello, representing Nine .Vail Road, expressed concern staff
approved changes to the applicant's site plan subsequently allowed the encroachment
on adjacent properties. The motion passed 6-1,.Foley opposed.
4
The tenth item on the agenda was First Reading of 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). Planner Rachel. Friede reported 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 PEC 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.
A work session for Council was held on December 6, 2005, where a report outlining the
details of the proposed text`' amendments` was distrifjuted.~ Council` members` asked
questions regarding the proposed text amendments and no changes were made.
Moffet moved with Logan seconding. The motion passed unanimously, 7-0.
The eleventh item on the agenda was First Reading of Ordinance No. 32, Series of
2005, an ordinance amending 5-3-2, Public Health and Safety, Vail Town Code. Section
5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel
burning device as follows: Solid Fuel Burning Device: Any fireplace, stove, firebox or
device intended and or use for the purpose of burning wood, pulp, paper, or other non-
liquid or nongaseous fuel. The applicants proposed to add the following language to this
definition: Solid fuel burning devices do not include cook stoves in licensed commercial
eating and drinking establishments in the town. Staff was in favor of the proposed text
amendment based upon the intent of the subject regulation and the proposal not having
a negative impact upon the purpose and intent of Section 5-3-2, Vail Town Code. Hitt
moved to approve with Moffet seconding. The motion passed unanimously, 7-0.
The twelfth item on the agenda was First Reading of Ordinance No. 33, Series of 2005,
an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006, Cascade
Village; amending and reestablishing the approved development plan for Area A of SDD_
No. 4, in accordance with section 12-9A-10, Vail Town Code, to allow for the
construction of eleven new dwelling units.
Gennett reported' on November 14, 2005, the PEC forwarded a recommendation of
approval to Council of a major amendment to the Approved Development Plan for SDD
No. 4, Area A, Cascade Village. The requested amendment amends the total number of
allowed dwelling units in Area A, SDD No. 4, from ninety-four (94) dwelling units to
ninety-eight (98). The Community Development Department recommended Council
approve Ordinance No. 33, Series of 2005, on first reading. Gennett announced
condominium owners would utilize currently available parking- on a first-come, first-
served basis. Jack Stone, project architect, stated he would be adding commercial
square footage on the main level. `The theaters were not considered commercial space."
Ruotolo moved: to approve with Moffet seconding. Foley asked how many EHtJs the
project. would create.: Stone reported the amount- of EHUs generated by the project
_ .,.
would decrease; The motion passed 6-1` Foley opposed.
The thirteenth _item' on the agenda; was Second Reatling of :Ordinance No. 25; Series of.
~, ~ -2005.;-;an ordinance;~repealing::.and-reenacting;Ordinance No 9 Series of ,1998, providing.for
changes fo. special development district no. 22, Grand Traverse, that concern the elimination
of Gross Residential Floor Area (GRFA) witliin~the District and'tlie number of lot
Due to a publication error, staff requested Council table, the item,until January 3; 2005:.
5
On September 26, 2005, the Town of Vail PEC held a public hearing on a request to
amend SDD No. 22, Grand Traverse. The purpose of the amendment to the SDD is to
eliminate the GRFA limitations within ~ the Grand Traverse residential development.
Upon review of -the request; the PEC voted 4=0=0 to forward a recommendation of
approval of the request to amend SDD No. 22, Grand traverse, to Council. On
December 6, 2005, Council approved the first reading of Ordinance 25, Series of 2005,
by a vote of 5-2-0 (Hitt and Foley opposed). Moffet moved to table until January 3, with
Ruotolo seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was Second Reading of Ordinance 27, Series of
2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public
accommodation tax; providing amendments to the Town's sales tax code. At the Town
of Vail regular municipal election held on November 8, 2005, voters did. not approve
Question 1, resulting in termination, effective January 1, 2006, of collection of the sales
and lodging tax increases implemented pursuant to 2002 Question 2D. A future action
of the Council will be required to determine a refund methodology of the remaining funds
or a question may be submitted to the voters on how such revenues shall be used.
Moffet moved to approve with Hitt seconding. Foley stated if a guest has already paid
the tax and is upset, the sales tax paid should be returned. Hitt agreed with Foley. The
motion passed unanimously, 7-0.
The fifteenth item on the agenda was Second Reading of 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 Serviced Fund of the 2005 Budget for the town of Vail, Colorado; and
authorizing the expenditures of said appropriations as set forth herein. Hitt moved with
Moffet seconding a motion to approve the ordinance. The motion passed unanimously,
7-0.
The sixteenth item on the agenda was Resolution No. 23, Series of 2005, a resolution
repealing and re-enacting 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. On December 6, 2005, the Community Development Department presented an
application to Council to amend the Official Zoning Map of the Town of Vail to rezone the
Evergreen Lodge (Lot 2, Block 1, Vail LionsHead Filing No. 2) from SDD #14 to
LionsHead Mixed Use -1 District. Following discussion on the application, Council voted
7-0-0 to approve the amending ordinance (Ordinance No. 30, Series of 2005) on first
reading and directed staff to prepare a resolution amending Resolution No. 15, Series of
2005, to include more detailed plan: recommendations. Moffet moved to approve with
Ruotolo seconding. Gordon asked if' the resolution guaranteed the Vail Valley Medical
Center access to the Frontage Road. .Project Developer T.J. Brink said he would not
preclude any such access.- Town' Engineer Tom Kassmel` reported Frontage Road
improvements related to the project should.="go off without a glitch ",,Representing the
Vail Village Homeowner's Association; Jim Lamont applauded tfie possibility of a
roundabout being: included with the- project: He-also expressed concern over wildlife- -
migration through the parcel specifically related to the stream tract. The motion passed
6-1, Hitt opposed, stating he preferred a Special Development District process. For
details, contactGeorge~Ruther at 479-2145.
6
Council agreed to discuss Resolution #23 and Ordinance #30 simultaneously.
The seventeenth item on the agenda Second Reading of Ordinance No. 30, Series of
2005, an ordinance repealing Ordinance No. 1, Series of 1990, SDD 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. On September 6, 2005, 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
recorrimeridatioris for future development on the Everg"reen L"odge development site, as
prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan. However, in
approving Resolution No. 15, Council placed a condition upon the approval stating 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 PEC held a public hearing on the request to rezone
the Evergreen Lodge development. Upon consideration of the request, the PEC
unanimously approved a motion recommending approval of the rezoning request to
Council. On December 6, 2005, Council approved Ordinance No. 30, Series of 2005, on
first reading. In doing so, however, Council directed staff to prepare a resolution
amending Resolution No. 15 to further clarify the town's development objectives for the
site. Moffet moved to approve the ordinance with Foley seconding. The motion passed
6-1, Hitt opposed.
The eighteenth item on the agenda was Second Reading Ordinance No. 31, Series
2005, Annual Appropriation Ordinance: Adopting a budget and financial plan and
making appropriations to pay the cost, expenses, and liabilities of the Town of Vail,
Colorado, Conference Center Fund for the Fiscal Year January 1, 2006 through
December 31, 2006. Moffet moved with Logan seconding a motion to approve. The
motion passed unanimously, 7-0.
The nineteenth item on the agenda was the Town Manager's Report. There was no
report.
The twentieth item on the agenda was Adjournment. Moffet moved with Gordon
seconding a motion to adjourn at approximately 8:45 p.m. The motion ~ passed
unanimously, 7-0.
Respectfully Submitted,
Rodney E. Slifer;. Mayor
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
~wNOF VAIN
Town Clerk
MEMORANDUM
T0: TOWN COUNCIL
FROM: Stan Zemler, Town Manager
RE: Legal Newspaper of Record for the Town of Vail
DATE: December 28, 2005
The town annually establishes a newspaper of record for all public notices. This
year, we requested a bid from Eagle Summit Publishers, owner of all the
newspapers in Eagle County, and requested a bid for The jai/Dai/y publications.
The bid has been opened and the attached bid is the result of the bid proposal.
The newspaper of record will be appointed at the evening meeting of January 3,
2006 at 6:00 p.m., or as soon thereafter as the matter can be heard.
75 South Frontage Road . Uai~ Colorado 81657.970-479-2136/F14,y970-479-2320 . www. vailgov.com
oa RECYCLED PAPER
Newspaper Bid Proposals for the Town of bail for
2006
Newspaper Classified Ads/Legal Publications Display Ads
Vail Daily
2006
$3.99 Per column inch $3.50 Sun-Thurs
$3:71 Fri -Sat.
(*5 column format) (*6 column format)
5% increase from last ear
Vail Daily -- ~
$3.80 per column inch P -
$3.35 er column inch
2005 (*5 column format) Sunday -Thursday (*5
column format)
$3.52 per column inch
(Friday-Saturday) (*6 column
format)
Vail Daily
2004 $3.60 per column inch
$3.20 per column inch
(Legals are based on a 5-column format (Display advertising, column
which is 1.867" wide and 1" in depth) ~ inch rate is based on a 6
column format which is
approx. 1.53" wide by 1" in
depth)
RESOLUTION NO. 1
SERIES OF 2006
A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL
FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN
COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW
BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE
TOWN OF VAIL.
WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public
bodies must give full and timely notice to the public of any meetings at which the adoption of
any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a
majority or quorum of the body is in attendance, or is expected to be in attendance; and
WHEREAS, the Town of Vail now wishes to designate a public place within its
boundaries for the posting of such full and timely notice to the public for meetings of the Town
Council, the Planning and Environmental Commission, the Design Review Board, and other
boards, committees, and authorities of the Town.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The Town Council hereby designates the bulletin boards at the east and west
entrances of the Town of Vail Municipal Offices as the public places for the posting of full and
timely notice as required by Colorado law.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of January, 2006.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Eagle~j Valley
Alliance for~Sustainability
ALLIANCE RECYCLES
THE NUTSHELL
The Basics:
The Eagle Valley Alliance has proposed to Eagle County that we take over the County's recycling
operation, currently comprising a cost contract to haul material from seven drop-off sites throughout
the county. One of those. sites sits_on the west side of town offices. The County will direct to the
Alliance what it currently budgets for the hauling. For this the Alliance will keep the sites cleaner and
safer and increase diversion and participation rates.
The Big Picture:
The full objective of this move, however, is to establish amission-based community organization for
recycling that can make truly substantial inroads in recycling for our community. Recycling has
reached its potential in our community with all the current solutions. With a dedicated, apolitical
community organization, there are no limits to what we can achieve. Vail's contribution helps staff
this effort to create a true recycling resource for the community.
The Skinny (first-year program goals):
- First Month
o A clean, safe site for the hundreds of citizens and businesses that use it.
o Town staff will no longer have to work to keep the recycling sites safe and clean.
o The ability to measure per-site volumes and diversion rates.
Third Month
o Improved recycling diversion and participation rates.
o A communication program to help community members understand recycling, how to
participate and how it benefits the community. The program will include brochures, Web
resources, advertisements, educational programs, etc.
o Facilitate other recycling solutions in the valley, such as curbside service for the towns of
Eagle and Gypsum, convenient recycling alternatives for apartments and condominiums,
computer and electronics disposal, and others.
o First electronics recycling event.
Sixth Month
o Transfer station to reduce hauling costs and capture product revenues.
o Turnkey event recycling services.
- Fist Year
o Site consolidation (depot/satellite) solution implemented, creating cleaner, more
convenient, more robust, .more attractive and less costly community recycling.
o Accepting greater array ofmaterial (e.g. alkaline batteries, .old cell phones, paperboard)
o Commingling products for convenience (e.g. newspaper, magazines, office paper together)
Other Committed Contributors: ~ _
Eagle County` $200;000
Avon $ 15,000
Eagle $ 2,000
Minturn ~ $1,500
Gypsum $2,000
,f
TOWNOFVNI
Memorandum
To: Town Council
Stan Zemler, Town Manager
From: ~i;~Dwight Henninger, Chief of Police
Date: January 3, 2006
Subject: Town Emergency Preparedness
Department of Police
History:
The Town has always taken emergency preparedness seriously and has reviewed prior incidents in
an attempt to capture lessons learned for future improvements. Hosting the World Cup
Championships in 1989 and 1999 was also the impetus for building upon our level of preparedness
and emergency management capability. Previous history has shown the training and expectation
for management responsibility has fallen on the public safety agencies and has not included the
remainder of the staff. Although these systems have worked fairly well, the events of September
11, 200.1, and the sink hole incident in June of 2002, revealed some deficiencies in our potential
ability to handle a major incident, particularly with our ability to staff logistical, planning and
financial tracking functions.
The federal government has mandated philosophical changes in emergency management and has
tied Homeland Security Grant funding to adoption of these changes, which the town has embraced.
Current Situation:
Over the past three years the town has embarked on a significant program of developing our skills
for preparedness in managing a critical incident, including many members of the civilian staff, in
addition to our police and fire department personnel.
A review of potential natural and man-made incidents affecting the Town was conducted and
prioritized as follows:
Highest Likelihood:
Severe weather
Debris flow/flooding
Materials slide
Structural: fire
Wildland fire
Hazardous material release
Civil disturbance
Structural collapse
Transportation accident (roadway/lifts)
.~
Mass casualty incident
Utility service failure
Lower Likelihood:
Aircraft accident
Dam failure
Earthquake
Terrorism/Weapon of Mass Destruction
Based on these potential incidents a three pronged plan was developed to improve our ability to
respond and they are as follows:
Develop lp ans and policies to respond to incidents in an organized manner with
maximum use of entire town staff and efficient use of responding mutual aid
resources.
2. Train town staff in our ability to prevent, respond to and recover from an incident.
3. Practice our skills with exercises and look for other opportunities to develop our
personnel's abilities to manage a critical incident.
Planning:
The town developed an Emergency Operations Plan, which was adopted in May of 2005, which
will be annually updated and is housed electronically on the town's server for immediate access.
This plan includes sections on legal authorities, goals, objectives, emergency management
guidelines, concepts of operations, designated roles and responsibilities, incident command system,
emergency operations center, training and exercises, and a number of annexes to address specific
types of incidents and other documents, critical to emergency management.
One of these annexes is the Town Crisis Communications plan which has been in place since 2002
and- has been the effective backbone for handling incidents both large and small during the past
three years. This document is also updated on a regular basis and can be found in the town server.
These plans have become the basis for our ability to prepare for, respond to, and recover from an
incident and have provided the direction for our other activities in emergency preparedness.
By resolution Council has adopted the National Incident Management Strategy (NIMS), which
requires the use ofthe Incident Command System (ICS) to manage all major incidents. This
resolution has driven our planning and training activities.
The ability to respond requires appropriate use of facilities and resources, to manage critical
incidents, as such, the town has equipped the Police Department multipurpose room with the tools
needed to convert the space into the Town's Emergency Operations Center (EOC). Any significant
incident would be managed from this location.
Training:
A training plan has been developed for- all: town staff members who are required to attend basic
and/or intermediate Incident Management instruction. A majority of this training has-,been
completed by the police and fire departments.
Exercisin /g_Ability Development:
Since 2002 the town staff has participated in the following exercises to develop our skills to
respond to incidents and our ability to work together.
2002 -Wildland fire table top exercise (a discussion of how we would respond)
2003 -Wildland fire table top exercise
2004 -Wildland functional exercise (actually doing the management tasks)
2005 -Construction accident functional exercise
-4 Day full scale construction-accident exercise (Mountain Response 2005)
-Severe weather/flooding table top exercise
~,_.
Members of the fire and police departments have also responded in a mutual aid capacity to
wildland fires in Colorado and other western states, which have developed their skills to respond to
and manage a similar incident in Vail. Others have participated in Emergency Management
Assistance Compact responses to Florida and Louisiana as emergency managers assisting with
response activities to the hurricanes in 2004 and 2005.
Significant Accomplishments:
• Passing of the NIMS/ICS resolution by the Vail Town Council.
• Participation in the Mountain Response 2005 exercise, with specific recommendations,
actions and follow-up responsibilities.
• Participation by 5 town employees in responding to the hurricane disasters and sharing
. lessons they learned with town staff.
• Active participation by staff in the Northwest Colorado All Hazards Regional planning and
grant funding committees.
_ _
• Nlodernizaton/overhaul of mutual aid agreements reducing the number of agreements from
22 to six. This includes an amlual operating plan and agreements with other regional fire
departments for wildland fire responses.
• Distribution of emergency management placards to town staff to assist in responding to
critical incidents in their private vehicles.
Goals fog- 2006:
• Review and update the Emergency Operations Plan to include new Homeland Security
directives which are based on the use of Emergency Support Functions (ESP's).
• Conduct quarterly training exercises to continue to develop our preparedness skills.
• Complete a majority of the NIMS/ICS training.
• Complete the development of a mobile command/communications vehicle for deployment
to incidents and.to provide aback-up to the communications center. This is currently being
done: on a'used bus platform from the Transportation. Department.
• Work'with the County to develop an Incident Management Team, which would assist the
Town with any prolonged or complex incidents. ~ ~ ~ ~ ~ ~.
Continue to develop alternative communications sysferns n~the`event-of failures of our
,primary systems:
o. Coiliplete and educate citizens on an updated. evacuationplail. •
~_
• Develop a Citizens Emergency Response Team (CERT) with volunteers to help
neighborhoods learn to be self-sufficient in the event of a large prolonged incident.
• Continue to develop messages to encourage preparedness activities for our citizens and the
__ .
lodging community.
• Collaborate with other special districts, Vail Resorts Inc. and non-governmental agencies to
integrate them into our emergency preparedness planning, training and exercising.
• Establish and formalize aCounty-wide Public Information Officers group to be available to
assist during large-scale incidents
Wildland Fire Preparation:
All members of the Vail Fire Department are certified to a nationally recognized "red card" rating
for firefighter IT:"There°are"2 certified as supervisors aril 4"as Type IV Incident"Coirimanders. This
F provides the-appropriate level of training for fighting fires in Vail and allows Vail firefighters an
opportunity to serve on a call-out basis to, fight fires on state and federal wildlands within Colorado
and out of state.
The department has 3 vehicles equipped for wildland fires. 1) A reserve heavy engine, set up with
lightweight hose, foam and urban interface gear to combat fires that threaten our neighborhoods, on
the pavement and limited off-pavement use. 2) AQuick-Response-Vehicle, six passenger flatbed
with brush truck configuration for on and off-road use. This truck is most capable of providing
quick attack on lightning strikes on Vail Mountain or Piney Lake areas, which could prevent a small
fire from growing into a catastrophic fire. 3) Aslip-on water tank and pump have been added to a
staff pickup truck, for small grass fires, wash downs and county wide deployment or back up. This
truck is demobilized in the fall for the fire prevention division to use during winter months and for
transport of air bottles, hose & equipment after a structure fire.
I3azardous Materials Release Preparation:
Vail Fire is a participating member of Regional Hazardous Materials Association of Eagle County
(RHIVIAEC) to help deal with spills or releases of chemicals. We have activated this group several
times, including a fuel tanker roll-over on Vail Pass, a small airplane crash on Vail Pass and an
ammonia gas incident at the Sonnenalp. This association provides high level hazardous materials
response capability at significantly reduced costs to the Town of Vail.
r
Conclusion:
The Town Staff has taken many steps over the past three years to improve our ability to respond to
critical incidents, but this is an on-going responsibility of government in which we will continue to
take very seriously.
At the January 17`x' Work Session Council will receive information on their duties and
responsibilities during a critical incident from Steve Denney of the Colorado Division of
Emergency Management. This train. ing is part of the plan for the town's compliance with NIIVIS
and IGS.
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 3, 2006
SUBJECT: A request for a second reading of Ordinance No: 20, Series of 2005, an ordinance
repealing and re-enacting Ordinance No. 9, Series of 2003, providing for the major
amendment of Special Development District No. 36, Four Seasons Resort, and
amending the Approved Development Plan for Special Development District No. 36,
in accordance with Section 12-9A-10, Vail Town Code, to allow for a reduction in the
total number of dwelling units, fractional fee club units, and employee housirig units
in the resort; and an increase in the number of accommodation units; located at 28
S. Frontage Road and 13 Vail Road/Lots 9A& 9C, Vail Village Filing 2,and setting
forth details in regard thereto.
Applicant: Vail Development, LLC, represented byZehren & Associates
Planner: Matt Gennett
SUMMARY
The applicant, Vail Development LLC, is proposing to amend Special Development District
(SDD) No. 36, Four Seasons Resort, to better facilitate the creation of the Four Seasons
Resort, located of 28 South Frontage Road and 13 Vail Road Lots 9A& 9C, Vail Village
Filing 2. Staff recommends the Vail Town Council approves Ordinance No. 20, Series of
2005, on second reading, ~ with the conditions specified in Section VII, of this staff
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Vail Development, LLC, represented byZehren & Associates, has.submitted
a revised development plan for Special Development District No. 36 to the Town of Vail
Community Development Department. The requested modifications to the approved
development plan include the following changes: a reduction in the total number of dwelling
units, employee housing units, and fractional fee club units in the hotel; and an increase in
the number of accommodation units. The reason this application must go through the Major
Amendment process to a Special Development District, as opposed to a MinorAmendment
to a Special Development District, is due to the overall change in the total number of
dwelling units, fractional fee units, and accommodation units.
Major Amendment to Special Development District No. 36
The Four Seasons Resort is requesting a major amendment to Special Development District
No. 36, pursuant to Section 12-9A-10, Vail Town Code. The review criteria for a major
amendment to a Special Development District are contained in Section VII of this
memorandum. According to Section 12-9A-1, Purpose, Vail Town Code, the purpose of a
Special Development District is, impart:
The purpose of the Special Development District is to encourage flexibility and
creativity in the development of land in order to promote ifs 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 ofopen space areas; and to furthertheoverall goals
of the community as stated in the Vail Corrprehensive Plan.
III. BACKGROUND
The Town of Vail legal files contain limited information regarding the original Chateau at Vail.
The files do not contain information regarding the original construction of the hotel.
According to the files, the demolished hotel contained 120 accommodation units; each one
approximately 280 square feet in area which added up to a total of 33,660 square feet of
gross floor area. According to the files, development activity on the site to date has been
limited to minor alterations and remodels.
On July 10, 2001, the Vail Town Council approved Ordinance No 14, Series of 2001.
Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of
Special Development District No. 36, Vail Plaza Hotel West, on the existing Chateau at Vail
site. Ordinance No. 14, Series of 2001, approved a development plan for the special
development district which included 15 dwelling units, 116 accommodation units, 40
fractional fee club units, and 14 Type III employee housing units. The approved deviations
from development standards of the underlying zoning included an increase from both the
maximum allowable height and maximum allowable site coverage standards.
On October 7, 2003, the Vail Town Council approved Ordinances No. 9 and No. 10, Series
of 2003. Ordinances No. 9 and 10 adopted an amended development plan for Special
Development District No. 36; Four Seasons Resort and rezoned a portion of the
development site to the Public Accommodation zone district. The amended development
plan allows for the construction of a mixed use hotel development to include 18 dwelling
units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee
housing units.
On August 8, .2005, the Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council of an amendment to the Approved
Development Plan for Special Development District No. 36, Four Seasons Resort. 'The key
.elements of the modifications included with the amended Approved Development
Plan are as follows: the total number of proposed Dwelling Units is reduced from
eighteen (18) to sixteen (16); the total number of proposed Accommodation Units is
increased from one hundred eighteen (118) to one hundred twenty-two (122); the total
number of proposed Fractional Fee Club Units is decreased from twenty-two (22) to
nineteen (19); and the total number of Type III Employee Housing Units is decreased
from thirty-four (34) to twenty-eight (28). The reason for the decrease in the number of
employee housing units is due to an overall reduction in retail space. (Attachment B).
On December 20, 2005, the Vail Town Council approved on second reading Ordinance No.
20, Series of 2005.
IV.. APPLICABLE PLANNING DOCUMENTS
. 'iY}?'~3zC'~
Vail Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18,1986. The
plan is intended to serve as a basis from which future decisions may be made regarding
land use within the valley. The primary focus of the Vail Land Use Plan is to address the
long-term needs and desires of the Town as it matures. The Town of Vail has evolved from
~~ a small ski resort founded in 1962 with approximately 190,000 annual skier visits and
~r~='t~:=~ virtually no permanent residents to a communitywith 4,500 permanent residents. The Towne.:.: -~::
~;~~~aca; is faced with the challenge of creatively accommodating the increase in permanent~;r~a,,~;,~,
a,:~;~;:, residency as well as the increase in skier visits, while preserving the important qualities that
-~~ ~ ~ have made the Town of Vail successful. This is a considerable challenge, given the fact that= ~s4~~ ;
land within the Valley is awell-defined finite resource, with much of the land already ~-µ.~~,~~
developed at this juncture. The Vail. Land Use Plan was undertaken with the goal of
addressing this challenge in mind.
Et,
~ The goals articulated in the plan reflect the desires of Vail's citizenry. The goal statements
~
. - ~~ that were developed reflect a general consensus of the comments shared at public
meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's
adopted policy guidelines in the review process for new development proposals. Staff has
reviewed the Vail Land Use Plan_ and believes the following policies are relevant to the
review of this proposal:
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 .The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
developmentin the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the Town leaders
should work togetherclosely to make existing facilities and the Town
function more efficiently.
2:3 The ski area owner, the business community and the Town leaders
should work together to improve facilities for day skiers.
_. - ;,
...=:r ~svrt: b~,.;
2.4 The community should improve summer recreational and cultural
opportunities, to encourage summer tourism.
3.0 Commercial
3.1 T.he hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead 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.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core /Lionshead
4.1 Future commercial developmentshould continue to occurprimarily in
existing commercial areas. Future commercial development in the
Core areas needs to be carefully controlled to facilitate access and
delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing characterofeach area is preserved thorough implementation
of the Urban Design Guide Plan. .
4.3 The ambiance of Vail Village is important to the identity of Vail and
.should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
4.4 .The connection between the Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover
b. Improving the pedestrian system with a creaflvely designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to lirrdt commercial uses.
5:0 Residential
5.'1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
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4
5.2 Quality time-share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing. should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions. '
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
According to the Vail Land Use Plan map, the proposed development site is located with the
"Resod Accommodations and Service (RAS)"and "Transition (T)"land use designations.
The assigned land use designations are defined as follows,
Resort Accommodations and Service
This area includes activities aimed at accommodating the overnight and short Perm
visitor to the area. Primary uses include hotels, lodges, service stations, and parking
structures (with densities up to 25 dwelling units or 50 accommodation units per
buildable acre). These areas are oriented toward vehicular access from 1-70, with
other support commercial and business services included. Also allowed in this
category, would be institutional uses and various municipal uses:
Transition
The transition designation applies to the area between Lionshead and the Vail
Village. The activities and site design of this area is aimed at encouraging
pedestrian flow through the area and strengthening the connection between the two
commercial cores. Appropriate activities include hotels, lodging, and other tourist
oriented residential units, .ancillary retail and restaurant uses, museums, areas of
public art, nature exhibits, gardens, pedestrian plazas, and other types of civic and
culturally oriented uses, and the adjacent properties to the north. This designation
would include the right-of-way of West Meadow Drive and the adjacent properties to
the north.
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision to the adopted Town of Vail
Streetscape Master Plan. The original Streetscape Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Urban Design Guide Plan was created in 1982 to
provide guidance to the overall physical development for the Village. In addition to providing
broad design guidelines, the Guide Plan suggested specific physical improvements for the
Village such as new plazas, new landscape area, etc: Along with the construction of these
public improvements included proposals to complete numerous private sector
improvements. Improvements such as building additions, outdoor deck expansions, and
facade improvements. The Streetscape Master Plan was written in part to provide clear
design direction for coordinated public/private improvements. According to the Master Plan,
the purpose of the plan is to provide a comprehensive and coordinated conceptual design
for streetscape improvements that:
1. is supported by the community,
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order to
create an excellent pedestrian experience.
The Town of Vail streetscape Master Plan states, in part, the following with regards to West
Meadow Drive:
"West Meadow Drive is heavily used by pedestrians. It is the:primary:°peedestrian
route between:Vail Village and Lionshead Mall. Currently, most pedestriaris:`-ivalk in
the street; however, a small numberuse the narrow(5ft. wide) concrete sidewalk on
the north side bordering the hospital. There appears to be no preference by the
pedestrians for one side of the street over the other, except at the east end, where
most of the pedestrians cross Vail Road on the north side of the intersections. The
preliminary .concepts for West Meadow Drive focused on defining the existing
r pedestrian circulation patterns. This need to define the pedestrian circulation system
led to the development of the following preliminary concepts:
Use different paving treatments to create in-street pedestrian paths at the
roadway level. This concept builds on the idea that part of the charm and fun of
Vail is the ability to walk in .the street. A street-level walk system is easier to
maintain, but it was felt that the high volume of cars, buses and trucks using
West Meadow Drive would create street-level pedestrian paths that would
appear to create an even wider road without providing pedestrian safety.
• To construct sidewalks of equal width on both sides of the street. Since this is
the pattern that most people are familiar with, it would be user friendly, but would
result in relatively narrow walkways and increased pedestrians walking behind
parked cars. In addition, it was felt that this system would do little to break up the
monotony of the street.
PREFERRED STREETSCAPE PLAN
The concept that received the broadest public support was to create a primary
pedestrian path (10'- 12' wide) on one side of the street and a smaller sidewalk (5'
wide) on the other. The primary pedestrian path crosses from the north to the south
side and then back again, to avoid the head-in parking. Curb and gutter v~ould be
used to define the street which has been narrowed to the minimum width of 26;
curb-to-curb. "
V. SURROUNDING_LAND USES AND ZONING
Land Use
North: Government
South: Residential
East: Mixed Use
Commercial
Zoning
General Use
Two-Family Residential
High Density Multiple-Family Residential
Special Development District No. 21
Public Accommodation
6
West: Residential High Density Multiple Family Residential
VI. ZONING ANALYSIS
Please see Attachment B
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Ordinance No. 20, Series of 2005, on second reading, with the findings and
conditions specified in this section of the staff memorandum. - ... , .
~~~~~~~~ Should the Town Council choosexto~approve Ordinance No. 20, Series of 2005~an sec~ndo~~ppۥc
r>~~~`~!~ reading, staff recommends that the'following findings be made as part of the rriotion.,~~~ tl~a~ ~~~I=~~+~ft~'
,+"1~P
~~' 1. That the proposed major amendment to Special Development District No. 36 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 proposed building setbacks, that:
a. Proposed building setbacks provide necessary separation between buildings and
riparian areas, geologically sensitive areas and other environmentally sensitive
areas.
b. Proposed building setbacks complywitli applicable elements of the Vail Village
Urban Design Guide Plan and Design Considerations.
c. Proposed building setbacks will provide adequate availability of light, air and
open space.
d. Proposed building setbacks will provide a compatible relationship with buildings
and uses on adjacent properties.
e. Proposed building setbacks will result in creative design solutions orother public
benefits that could not otherwise be achieved by conformance with prescribed
setback standards.
3. That proposed site coverage is in conformance with applicable elements of the Vail
Village Urban Design Guide Plan and Design Considerations.
4. That proposed gross residential floor area is 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 Public Accommodation
zone district, that the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Vail village Urban Design Guide Plan and the Vail Streetscape Master
Plan, 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 Comprehensive Plan.
7
Staffs recommendations include the following conditions (carried over from the. previous
approvals):
1. The Developer shall address the following conditions of approval prior to making
application for a building .permit for the Four Seasons Resort:
o The developer shall submit a final exterior building materials list, a typical wall
section and complete color renderings for review and approval of the Design Review
Y;;::::. Board.
o The developer shall complywith all fire departmentstaging and access requirements~~.~:°:~.:;,;::::,,°,:::: =~.
;,~ ~~-x~_ ~ ~ ~. ,pursuant to Title 14, Development S1a_ndards, Vail Town Code. This will be .:au~, , c~-~~ ~~tti
r,;~ ; „_ '~ ~ demonstrated on a set of revisedfplansa~for Town review and approval. rrr,j ~yx~~~' ~~~,.
< y„~F FF, r~, ;~~ o .The developer shall coordinate the relocation of the existing electric transformers on ..= ~_ ,; ~~~ ~. ~;
,.~ Gy«}y ,.,r,,~ap: ~ the propertywith local utility providers. The revised location of the transformers shall . ~. i Vi~iCf ~.
,.,„,:,~ ,; .<.,,,a;: be part of the final landscape plan to be submitted for review and approval by the i s:~ ;
,:,.,,.,.,.,~,,...~,,, Design Review Board.
'S t~b.~~~. ~'~ tilu}~~~~'~'S'#. _
o The developer provides a 6 .ft. to 8 ft. heated paver pedestrian walkway from the
Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail
Road and then south to the 9 Vail Road property line. All work related to providing
these improvements including lighting, retaining, utility relocation, curb and gutter,
drainage and landscaping shall be included. A plan shall be submitted for review
and approval by the Town and the Design Review Board.
o The developer shall submit a full site grading and drainage plan for review and
approval by the Town and the Design Review Board. The drainage plan will need to
be substantiated bya drainage report provided bya Colorado professional Engineer,
include all drainage,. roof drains, landscape drains etc., and. how they will connect
with the TOV storm system. The developer shall submit all final civil plans and final
drainage report to the Town for civil approval by the Department of Public Works.
o The developer shall provide detailed civil plans, profiles, details, limits of disturbance
and construction fence for review and civil approval by the Department of Public
Works. .
o The developer shall be responsible for all work related to providing landscaping and
lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the
medians shall be provided for review and approval by the Design Review Board.
o The developer shall provide additional survey information of the south side of the
Frontage Road to show existing trees to be removed and additional survey in front of
the Scorpio building in orderto show accurate grades forthe construction of the path
from the Four Seasons to the bus stop at West Star bank. Final design shall be
reviewed and approved by the Town and the Design Review Board.
o. The developer is responsible for 100% of final design improvements along West
Meadow Drive from the centerline of the road back to the Four Seasons property,line
from Mayors' park to western most property line of the Four Seasons, including any
drainage and grade tie-ins beyond the west property line. This includes all
improvements, including, drainage, lighting, art, streetscape enhancements, edge
treatments, curbs, heated walks, etc. Final plans shall match and be coordinated
with the proposed Town of Vail streetscape plan for West Meadow Drive and shall
be provided for review and approval by the Design Review Board.
o The developer shall incorporate public art into the development, and shall coordinate
all art proposals with the.Art in Public Places Board, subject to review and approval
by the Design Review Board.
o The developer shall resolve all of the following design-related issues for final Design
., .~~r~=~.~. Review Board review and approval:
~.r~x ~:
~` ~~
~.
>~=S{ ~~ :~.; o Proposed hydrant relocation at the'NVV corner of the property shall be
graded to be level with the proposed sidewalk and landscaping will be
• ~>~,~~~~a~~~~:.:-,: ~ located as to not interfere with the operation of the hydrant.
~~~_~`~~~";~:,, o The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0%
cross slope that is sloped towards the road.
o The boulder walls and grading at the SE corner of the property shall be
modified as to not impact the e~asting 2-36" CMP's.
o The foundation wall at the SE corner of the parking structure shall be
modified to accommodate the e~asting Spraddle Creek vault.
o The proposed Spraddle Creek vault and concrete box culvert shall be
modified to work with the existing phone vault.
o All known existing utilities shall be shown on a plan with the proposed
drainage and utilities in order to clarify potential conflicts.
o The proposed walk that meets the frontage road walk at the eastern portion
of the property shall be realigned slightly to the west to avoid the existing
inlet.
o Fire staging turning movements shall be show on plans.
o Retaining walls west of the loading and delivery access drive shall be
curved/angled in order to "bench" access drive wall.
o Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as
185.5?(Typo)
o Railings shall be provided for paths where necessary
o Show edge of existing pavement for Frontage road on civil plans and show
match point.
o Erosion control plan shall be updated.
o Show grading around proposed .electric vault.
o Show driveway grades, spot elevations on civil plans.
o Show additional TOW/BOW elevations on pool walls.
o The Developer shall coordinate with the Town to provide a bus stop at the pedestrian
sidewalk connection to West Meadow Drive. This design shall be submitted to the
Town of Vail for review and approval by the Town and the Design Review Board.
2. The Developer shall address the following conditions of approval prior to the issuance
of a building permit:
~.,
..,. ,. _
o The developer shall submit a rooftop mechanical equipment plan for review and
approval by the Design Review Board. All rooftop mechanical equipment shall be
incorporated into the overall design of the hotel and enclosed and visually screened
from public view.
o The developer shall post a bond to provide financial security for the 150% of the total
cost of the required off-site public improvements.
o The developer shall submit a written letter of approval. from Nine Vail Road
Condominium Association, the Scorpio Condominium Association, and the Alphorn
Condominium Association granting access to allow for the construction of sidewalk,
drainage, Spraddle Creek relocation, and landscaping improvements, respectively.
o The developer shall receive approval for all required permits (CDOT access, ACOE;
dewatering, storm water discharge, etc.). ~~F °•=n~:
°~"
3. The Developer shall address the following conditions of approval prior to the issuance of
a temporary certificate of occupancy for the Four Seasons Resort:
o The developer shall provide deed-restricted housing that complies with the Town of
Vail Employee Housing requirements (Chapter. 12-13) for a minimum of 56
employees on the Four Seasons Resort site, and that said deed-restricted employee
housing shall be made available for occupancy, and that the deed restrictions shall
be recorded with the Eagle County Clerk & Recorder.
o The developer shall record a drainage easement for Spraddle Creek. The easement
shall be prepared by the developer and submitted for review and approval by the
Town Attorney. The easement shall be recorded with the Eagle County Clerk &
Recorder's Office.
o The developer shall submit a comprehensive sign program proposal for the Four
Seasons Resort for review and approval by the Design Review Board.
o The developer shall provide a heated pedestrian walk connection from the Frontage
Road to West Meadow Drive. The developer shall submit a pedestrian easementfor
this connection for review and approval by the Town Attorney.
o The developer shall prepare and submit all applicable roadway and drainage
easements for dedication to the Town for review and approval by the Town Attorney.
All easements shall be recorded with the Eagle County Clerk and Recorder's Office.
4. Others:
o The Memorandum of Understanding as provided in Exhibit A shall be adopted with
the second reading of Ordinance No. 9, Series of 2003. This fulfills approval
. agreement number 2 of first reading of Ordinance No. 9, Series of 2003.
o The required Type III deed-restricted employee housing units shall not be eligible for
resale and that the units be owned and operated by the hotel and that said
ownership shall transfer with the deed to the hotel property.
o The developer shall be assessed an impact fee of $5,000 for all net increase in pm
traffic generation as shown in the revised April 4, 2003, Traffic Study. The net
10
increase shall be calculated using the proposed peak generating trips less the
existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) _
40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-
adjacent improvements constructed.
o The developer shall begin initial construction of the Four Seasons Resort within
three years from the time of its final approval at second reading of the ordinance
amending Special Development District No. 36, Four Seasons Resorl:,~~and-continue
diligently toward the completion of the project. If the developer does not begin and
diligentlywork toward the completion of the special development district oranystage
of the special development district within the time limits imposed, the approval of
said special development district shall.be void. The Planning and:E~.nvironrnental
Commission and Town Council shall review the special development=district~:upon
submittal of an application to reestablish the special de~elopment~disfiric`ti°following
the procedures outlined in Section 12 9A-4, Vail Town Code.
o The developer shall commit no act or omission in any way to cause the current
operation of the Chateau at Vail to cease until such time as the Department of
Community Development issues a demolition permit.
o The developer shall invoke the Four Seasons Landscaping Requirements when
planting the site, which are more stringent then those ofthe Town of Vail.
VIII. ATTACHMENTS
A. Ordinance No. 20, Series of 2005
B. Zoning Analysis .
11
Attachment: q
ORDINANCE N0.20
SERIES OF 2005
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 9, SERIES OF 2003, _
PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO.-~;.~~~~~~>:.,
36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN -~`,~ r~ .~.~=
FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A,"=~-~ _'~~:~'
VAIL TOWN CODE; AND SETTING FORTH DETAILS tN REGARD THERETO. ~~:;;~'^n
WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption
of Special Development Districts; and
WHEREAS, Vail Development, LLC, has submitted an application for a major.
amendment to Special Development District No. 36, Four Seasons Resort; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held public hearings on the application; and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed
criteria for the amendment of special development districts and has submitted its
recommendation of approval to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 36, Four Seasons Resort, complies with the nine design criteria
outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that
any adverse effects of the requested deviations from the development standards of the
underlying zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No.
36, Four Seasons Resort, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to
the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the proposed Approved Development Plan for Special Development
District No. 36, Four Seasons Resort.
,.. ~~n;,.,.~`
,~~~ - .
NOW; THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL. OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 20, Series of 2005, is to adopt an Approved Development Plan for
Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate
development standards for Special Development District No. 36, in accordance with the provisions
of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District
No. 36 shall remain Public Accommodation zone district.
Section 2. Establishment Procedures Fulfilled, Planning Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled
and the Vail Town Council has received the recommendation of approval from the Planning &
Environmental Commission for the major amendment to Special Development District No. 36, Four
Seasons Resort. Requests for the amendment of a special development district follow the
procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 36
The Special Development District is hereby amended to assure comprehensive development and
use of the area in a manner that would tie harmonious with the general character of the Town,
provide adequate open space and recreation amenities, and promote the goals, objectives and
policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four
Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council
and the Planning & Environmental Commission, and has been amended because there are
significant aspects of the Special Development District that cannot be satisfied through the
imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards -Special Development District No. 36, Four Seasons
Resort Development Plan - ~,.-.H:.~:;
The Approved Development Plan for Special Development District No. 36, Four Seasons Resort,
shall include the following plans and materials prepared by Zehren and Associates, Inc., and Hill
Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the
Town of Vail, dated August 8, 2005: '
a. C1. Existing Conditions Plan
b. C3. ,Water and Sanitary Sewer Plan
c. C4. Grading and Drainage Plan
d. C5: Erosion and Sediment Control Plan
e. C6. Shallow Utility Plan
f. A-2.0.1 Level 1 Plan (132')
g. A-2.0.2 Level 2 Plan (140',142')
h. A-2.0.3 Level 3 Plan (152')
i. A-2.0.4 Level 4 Plan (162')
j. A-2.0.5 Level 5 Plan (172')
k. A-2.0.6 Level 6 Plan (182')
I. A-2.0.7 Level 7 Plan (192')
m. A-2.0.8 Level 8 Plan (202')
n. A-2.0.9 Level 9 Plan (212')
o. A-2.0.10 Level 10 Plan (222')
p. A-2.0.11 Roof Plan
q. A-5.0.1 Elevations .
r. A-5.0.2 Elevations
s. A-5.0.3 Elevations
t. A-8.0.1 Site Plan North
u. A-8.0.2 Site Plan South
v. A-9.0.1 Landscape Plan North ..«.,:~:,..A,:~P~ra~~<n_n-
w. A-9.0.2 Landscape Plan South ......-
x. A-10.0.1 Building Height Calculations -Absolute Height/Interpolated Contours ~~ ~- ~ • .., :'.~:~~~
y. A-10.0.2 Building Height Calculations -Maximum Height/Interpolated Contours
z. A-10.0.3 Building Height Calculations at Proposed Grades
aa. A-11.0.1 Existing Circulation
bb. A-11.0.2 Proposed Circulations
cc. A-12.0.1 Off-site Improvements Plan
dd. A-13.0.1 Landscape Area
ee. A-14.0.1 Hardscape Area
ff. A-15.0.1 Above Ground Site Coverage
gg. A-15.0.2 Site Coverage Below Grade
hh. A-16.0.1 Streetscape Elevations
Permitted Uses--
The permitted uses in Special Development District No. 36 shall be as set forth in the development
plans referenced in Section 4 of this ordinance.
Conditional Uses--
The conditional uses for Special Development District No. 36; Four Seasons Resort, shall be set
forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be
reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations.
Density-- Units per Acre -Dwelling Units, Accommodation Units, Fractional Fee Club Units -
and Employee Housing Units --
The number of units permitted in Special Development District No: 36, Four Seasons Resort; -::~.-~.F=:~..~-~:
shall not exceed the following:
Dwelling Units - x-96
..• y~ t~ ~ ..., • •- Accommodation Units - x-122
Fractional Fee Club Units - ~ 19
Type III Employee Housing Units - ~4 28
Density-- F/oorArea --
The gross residential floor area (GRFA), common area and commercial square footage permitted
for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the
Approved Development Plan referenced in Section 4 of this ordinance.
Specifically:
GRFA - 177,609 square feet
Retail - 2,386 square feet
Restaurant/Lounge - 5,946 square feet (seating capacity)
Conference Facilities - 11,139 square feet
Health Club and Spa - 18,577 square feet
Setbacks--
Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as
set forth in the Approved Development Plan referenced in Section 4 of this ordinance.
Height--
The maximum building height for .Special Development District No. 36, Four Seasons Resort,
shall be asset forth in the Approved Development Plan referenced in Section 4 of this ordinance
(89 feet maximum).
:.-:Site Coverage--
The maximum site coverage allowed for Special Development District No. 36, Four Seasons
Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this
ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or
71 %).
Landscaping--
The minimum landscape area requirement for Special Development District No. 36, Four
Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4
of this ordinance (35,268 square feet or 30%).
Parking and Loading -
The required .number of off-street parking spaces and loading/delivery berths for Special
Development District No. 36, Four Seasons Resort, shall be provided as set forth in the
Approved Development Plan referenced in Section 4 of this ordinance (211 spaces re uired, 215
spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage
Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of
the Town of Vail. The required parking spaces shall not be individually sold; transferred, leased,
conveyed, rented or restricted to any person other than a condominium owner, fractional fee
owner, tenant, occupant or other user of the building, except that six (6) of the re uired spaces
may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road
Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The
foregoing language shall not prohibit the temporary use of the parking spaces for events or uses
outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of
spaces available for sale or lease to condominium and/or fractional fee owners.
Section 5. Approval Agreements for Special Development District No. 36 Four Seasons
Resort
The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned
upon the developer's demonstrated compliance with the following approval agreements:
1. That the developer. shall provide deed-restricted housing that complies with the Town of Vail
Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four
Seasons Resort site, and that said deed-restricted employee housing shall be made available for
occupancy, and that the .deed restrictions shall be recorded with the Eagle County Clerk &
Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons
Resort.
2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the
second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2
of first reading of Ordinance No. 20, Series of 2005.
3. That the developer shall record. a drainage easement for Spraddle Creek. The easement shall
be prepared by the developer and submitted for review and approval by the Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort.
4. That the developer shall submit a final exterior building materials list, a typical wall section and
complete color renderings for review and approval of the Design Review Board, prior to submittal
of an application for a building permit.
5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons
Resort for review and approval by the Design Review Board, prior to .the issuance of a
Temporary Certificate of Occupancy for the Four Seasons Resort.
6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by
the Design Review Board prior to the issuance of a building permit. All rooftop mechanical
equipment shall be incorporated -into the overall design of the hotel and enclosed and. visually
screened from public view.
7. That the developer shall post a bond to provide financial security for the 150% of the total cost of
the required off-site public improvements. The bond shall be in place with the Town prior to the
issuance of a building permit.
8. That the developer shall comply with all fire department .staging and access requirements
pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a
'set of'revised plans for Town review and approval prior to building permit submittal.
9. That the required Type III deed-restricted employee housing units shall not be eligible for resale
and that the units be owned and operated by the hotel and that said ownership shall transfer with
the deed to the hotel property.
10. That the developer shall coordinate the relocation of the existing electric transformers on the
property with local utility providers. The revised location of the transformers shall be part of the
final landscape plan to be submitted for review and approval by the Design Review Board.
11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium
Association, the Scorpio Condominium Association, and the Alphorn Condominium Association
granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation,
and landscaping improvements, respectively, prior to the issuance of a building permit.
12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from-the Frontage
Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south
to the 9 Vail Road property line. All work related to providing these improvements including
lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included.
A plan shall be submitted for review and approval by the Town and the Design Review Board
prior to submittal of a building permit.
13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to
West Meadow Drive. The developer shall record a pedestrian easement for this connection for
review and approval by the Town Attorney prior to issuance of a Temporary Certificate of
Occupancy.
14. That the developer shall prepare and submit all applicable roadway and drainage easements for
dedication to the Town for review and approval by the Town Attorney. All easements shall be
recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary
Certificate of Occupancy.
15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic
generation as shown in .the revised April 4, 2003, Traffic Study. The net increase shall be
calculated using the proposed peak generating trips less the existing Resort Hotel and Auto
Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 _ $200,000.
This fee will be offset by the cost of non-adjacent improvements constructed.
16.. That the developer shall receive approval for all required permits (CDOT access, ACOE,
dewatering, storm-water discharge, etc.) prior to issuance of a building permit.
17. That the developer shall submit a full site grading and drainage plan for review and approval by
the Town and the Design Review Board. The drainage plan will need to be substantiated by a
drainage report provided by a Colorado professional Engineer, include all drainage, roof drains,
landscape drains etc., and how they will connect with the TOV storm system. The developer
shall submit all final civil plans and final drainage report to the Town for civil approval by the
Department of Public Works, prior to submittal of a building permit.
18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and
construction fence for review and civil approval by the Department of Public Works, prior to
submittal of a building permit.
19. That the developer shall be responsible for all work related to providing landscaping and lighting
within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be
provided for review and approval by the' Design Review Board.
20. That the developer'shall provide additional survey information of the south side of the Frontage
Road to show existing trees to be removed and additional survey in front of the Scorpio building
in order to show accurate grades for the construction of the path from the Four Seasons to the
bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the
Design Review Board.
21. That the developer is responsible for 100% of final design improvements along West Meadow
Drive from the centerline of the, road back to the Four Seasons property line from Mayors' park
-~~ : ~-~ . ~ ~~ ~ to western most property line of the Four Seasons, .including any drainage and grade tie-ins:.1,- <-,~-;- -- .
~~~ :: ~-.. beyond the west property line. This includes all improvements, including, drainage, lighting; arf-::_:~.
=~7~~; ~ _ streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall~rmatch ~` : ~ _..
and be coordinated with the proposed Town of Vail streetscape plan for West Meadow Drive~~ ,v ;, ,, .
::.,
~,
and shall be provided for review and approval by the Design Review Board.
22. That the developer shall incorporate public art into the development, and shall coordinate ally arty ~, ~:_-
a .~~.,;..,:f.. proposals with the Art in Public Places Board, subject to review and approval by the =Designe
_ Review Board. '
23. That the developer shall resolve all of the following design-related issues for final Design Review
Board review and approval:
a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with
the proposed sidewalk grid .landscaping will be located as to not interfere with the operation
of the hydrant. J '
b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope
that is sloped towards the road.
c. The boulder walls and grading at the SE corner of the property shall be modified as to not_
impact the existing 2-36" CMP's.
d. The foundation wall at the SE corner of the parking structure shall be .modified to
accommodate the existing Spraddle Creek vault.
e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with
the existing phone vault.
f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in
order to clarify potential conflicts.
g. The proposed walk that meets the frontage road walk at the eastern portion of the property
shall be realigned slightly to the west to avoid the existing inlet.
h. Fire staging turning movements shall be show on plans.
i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order
to "bench" access drive wall.
j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?(Typo)
k. Railings shall be provided for paths where necessary
I. Show edge of existing pavement for Frontage road on civil plans and show match point.
m. Erosion control plan shall be updated.
n. -Show grading around proposed electric vault.
o. Show driveway grades, spot elevations on civil plans. .
p. Show additional TOW/BOW elevations on pool walls.
24. That the developer shall begin initial construction of the Four Seasons Resort within. three years
from the time of its final approval at second reading of the ordinance amending Special
Development District No. 36, Four Seasons Resort, and continue diligently toward the
completion. of the project. If the developer 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, the approval of said special development district shall be void:
The Planning and Environmental Commission and Town Council shaA review the special
development district upon submittal of an application to reestablish the special development
district following the procedures outlined in Section 12-9A-4, Vail Town Code.
25: ~.~• That the Developer shall commit no act or omission in any way to cause the current operation of _.
... the Chateau at Vail fo cease until such time as a demolition permit is issued by the Department
a~~ 4i~~ -_. ~ _of<.Community Development.
Section 6.
~~-~;:~a°_6f 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 anyone
or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions of the 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 8.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The 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 20'h day of December; 2005, and a public hearing for
second reading of this Ordinance set for the 3~d day of January 3, 2006, in the Council Chambers
of the Vail-Municipal Building, Vail; Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Exhibit A:
TOWN OF VAIL
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into on the 3rd day of
January, 2006, by and between VAIL DEVELOPMENT LLC., a Minnesota corporation and the
TOWN OF VAIL a Municipal corporation, situated in the County of Eagle, State of Colorado: ~: ,
WHEREAS, Vail Development LLC is planning the development and construction of a mixed
use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail,
employee housing units and related facilities at 28 South Frontage .Road and 13 Vail Road, Vail
Colorado (Lots 9A and 9C, Vail Village 2nd Filing) currently and commonly known as the Chateau at
Vail hotel and the Alpine Standard/Amoco gasoline station;
WHEREAS, in connection with its proposed mixed use development Vail Development
LLC, is requesting from the Town of Vail certain entitlements pursuant to its applications for a
major amendment to Special Development District No. 36, a conditional use permit for Type III
Employee Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot
9A, Vail Village 2"d Filing;
WHEREAS, in connection with the applications and requested entitlements, Vail
Development, LLC, is required by the Town of Vail to make certain off-site/public improvements (as
specifically set forth in detail below) along South Frontage Road and West Meadow Drive
consistent with the Town of Vail Streetscape Master Plan, as amended;
WHEREAS, as a condition to the second reading of Ordinance No. 20, Series of 2005, the
parties are required to enter into this Memorandum of Understanding setting forth the
responsibilities, obligations and requirements of the parties in connection with said offsite/public
improvements to be performed by Vail Development, LLC,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
parties hereto agree as follows:
I. DEFINITIONS
1. When used in this Memorandum of Understanding, the following terms shall have=the~~==.,,,.,,
following meanings unless otherwise specifically defined. The. singular shall include the plural and the
masculine gender shall include the feminine and the neuter unless otherwise required by the context.
"Improvements" shall mean those off-site/public improvements as specifically defined in
Section III below.
"MOU" shall mean this Memorandum of Understanding agreement and all exhibits
annexed hereto.
"Vail Development" shall mean Vail Development, LLC, a Minnesota corporation, whose
address is 600 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 55402;
Attention: Thomas J, Brink
"Parties" shall mean both Vail Development and Town of Vail.
"Project" shall mean the mixed use project being planned by Vail Development and
consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee
housing units and related facilities to be located at the Property, which mixed use project is the
subject of Ordinance No. 20, Series 2005.
"Property" shall mean those properties commonly known as the Alpine Standard/Amoco
gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13
Vail Road, Vail Colorado -Lots 9A and 9C, Vail Village 2' Filing.
"Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75
South Frontage Road, Vail Colorado 81657; Attention: ~-
~¢n~~rt~;;~.~:+r4~
II. PURPOSE ~ .
2. The express purpose of this MOU is to establish the mutual responsibilities,
obligations and requirements of the Parties hereto regarding the Improvements to be performed by
Nicollet in connection with Vail Development's entitlements and Project. These Improvements
are required to be made by Vail Development based upon the design and functionality of the ..
Projector as specifically required by the Town of Vail in connection with Vail Development's
entitlements.
III. VAIL DEVELOPMENT'S OBLIGATIONS
3. Vail Development shall be responsible, at its sole cost and expense, except as
~ specifically provided herein, to complete and perform the following (collectively, the
"Improvements") in connection with the Project:
(a) South Frontage Road. Vail Development shall perform the following
improvements along the South Frontage Road, using new and first class materials, as approved by
the Town of Vail and the Town of Vail Design Review Board and in accordance with all
applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side
of South Frontage Road and install a left turn lane in South Frontage Road to the ,entrance of the hotel
and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii)
install medians in South Frontage Road from the main roundabout to the western lot line of the
Scorpio Condominium property; (iii) provide all landscaping and lighting within the
proposed South Frontage Road median to be constructed by Vail Development; (iv) install an attached
heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus
stop adjacent to the Weststar Bank east along the Scorpio Condominium property and the Property to
Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage
and landscaping as necessary; (v) relocate the fire hydrant adjacent to South Frontage Road; and (vi)
pavement overlay from the centerline of South Frontage Road to the property line of the Property
from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and
coordination of the CDOT overlay project that will be at CDOT's sole cost and expense).
(b) Vail Road. Vail Development shall perform the following improvements along
the Vail Road, using new and first class materials, as approved by the Town of Vail and the
Town of Vail Design Review Board and in accordance with all applicable federal, state and local
laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6
to 8 feet wide) adjacent to Vail Road from the South Frontage Road south along the Property to 9
Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter,
drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box
culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the
Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road.
along West Meadow Drive, using new and first class materials, as approved by the Town of
.Vail and the Town of Vail Design Review Board and in accordance with all applicable federal,
(c) West Meadow . Drive.. Vail Development shall .perform the following
state and local laws, s~a~~~~se~rc~i~sances and regulations: (i) install an attached heated paver
sidewalk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail
Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the
western most side of Mayors' Park west along the 9 Vail Road property and the Property to the
western most property line of the Property, including all lighting retaining walls; railings, utility
relocation, curb and gutter, drainage and landscaping as necessary and to match, and be
coordinated with the final- approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all
design improvements along West Meadow Drive from the centerline of the right-of--way to the
property line of the Property and the 9 Vail Road property from the western most side of Mayors'
park west to the western most property line of the Property (specifically including any drainage
and grade tie-ins necessary beyond the western most property line of the Property), including all
drainage, lighting, art, Streetscape enhancements, utility relocation, edge treatments, curb and gutter
and landscaping as necessary and to match and be coordinated with the final approved Town of
Vail Streetscape plan for West Meadow Drive.
(d) Pedestrian Walkway. Vail Development shall perform the following
improvements along the western property line of the Property from the South Frontage Road to
West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the
Town of Vail Design Review Board and in accordance with all applicable federal, state and
local laws, statutes, ordinances and regulations: (i) design and install an attached heated
pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage
Road south to West Meadow Drive, including all lighting retaining walls, railings, utility
relocation, drainage and landscaping as necessary.
(e) Spraddle Creek. Vail Development shall perform the following
improvements in connection with Spraddle Creek, using new and first class materials, as approved by
the Town of
Vail and the Town of Vail Design Review Board and in accordance with all applicable federal,
state and local laws, statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and
install new box culverts, as necessary.
IV. EASEMENTS
4. Vail Development shall be responsible, at its sole cost and expense, to prepare and submit
all applicable roadway, drainage, and pedestrian easements for dedication in connection with the
Project or the Improvements to the Town of Vail for review and approval by the Town of.Vail, Town
Attorney and all such easements shall be filed and recorded with the Eagle County.Clerk and
Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property.
V. TOWN OF VAIL'S OBLIGATIONS
S. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail,
the Town of .Vail shall be responsible for all maintenance, upkeep, watering, mowing, ..trimming,
weed control, snow removal, debris removal, repair and replacement of any and all Improvements
located in a public right of way or in a public easement, including, any and all cost and expenses
associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or
repair the heat for the sidewalks) and Vail Development shall have no continuing or further
obligations or responsibilities in connection therewith.
VL FINANCIAL GUARANTEE REQUIREMENTS
6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One
Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined
and agreed to by and between Vail Development and the Town of Vail), to provide financial
security to the Town of Vail and to assure the completion of the Improvements by Vail Development.
The
Bond shall be provided and posted with the Town of Vail prior to the issuance of a building
permit for the Project.
VII. MISCELLANEOUS PROVISIONS
7.1 Amendments. This MOU and all documents and instruments executed in connection
'~~°~~~'~~~ }~°-herewith may be amended, modified or supplemented only by a written instrument, executed by - ...,c,:r.=-, ~_:.
°~~' ~-~~ ~ the party against which enforcement thereof maybe sought. ~ :..,.; ~~>t~~;:>;;~,t,r:
=',a===~'af.~-~~'~'=x 7.2 Bindin _ Effect. This MOU shall be binding upon and shall inure to the benefit of the
parties and .their respective. successors and assigns. The obligations assumed and agreed to be
performed by each party hereunder with respect to the Property shall be binding upon such, party ~.~ ~-..:. ~: ~~: ; ~: ;
and their respective successors, assigns and transferees. The covenants of the Parties contained ..:...:..~:: ~.;:.-, ~:.::.
herein are intended by the parties to be covenants which run with the land under applicable law.
Vail Development, LLC, agrees to make any transfer of any interest in the Property subject to the
obligations contained in this MOU.
7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the
laws of the State of Colorado.
7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of
this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday,
Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done
or take on the next succeeding day which is not a Saturday, Sunday or legal holiday.
7.5 Counterparts. This Agreement may be executed in counterparts, each of which
shall constitute a separate document but all of which together shall constitute one and the same
agreement. Signature and acknowledgment pages may be detached and reattached to physically
form one document.
7.6 Attorneys' Fees. If legal action is commenced in connection with the enforcement,
interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall
award reasonable attorneys' fees and costs to the prevailing party.
7.7 Invalidity of Certain Provisions. Every provision of this MOU is intended to be several.
In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever
by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the
terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
7.8 Entire Agreement. This MOU and the documents referenced herein set forth all the
covenants; promises, agreements, conditions and understandings among the Parties concerning the
subject matter hereof and there are no covenants, "promises, agreements, conditions or
understandings, either oral or written, between them other than as are herein set forth. All negotiations
and oral agreements acceptable to both parties have been merged into and are included herein, it
being understood that this MOU supersedes and cancels any and all previous negotiations,
arrangements, understandings and representations and none thereof shall be used to interpret or
construe this MOU.
7.9 Notices. All notices, certificates or other communications required to be given to the
Town of Vail or Vail Development; LLC, hereunder shall be sufficiently given and shall be deemed
given when delivered, or when deposited in the United States mail, first class, with postage
fully prepaid and addressed as follows:
If to the Town of Vail; Town of Vail
c/o
75 South Frontage Road
Vail, Colorado 81657
If to Vail Development, LLC: Vail Development LLC, c/o
Thomas J. Brink 600 Foshay Tower
821 Marquette Avenue South
Minneapolis, Minnesota 55402
7.10 No Third Party Beneficiary This MOU and any financial guarantees required pursuant
to its terms are not intended for the benefit of any third party.
7.11 Indemnification. Vail Development, LLC, agrees to indemnify and hold the Town
of Vail harmless against any and all liability, loss, damages, costs and expenses, including
reasonable .attorney's fees, which the Town of Vail may hereafter sustain, incur or be required
to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents,
officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any
nature whatsoever arising out of the construction or the installation of the Improvements which
Nicollet is required to perform under the terms of this MOU.
7.12 Termination. So long as the Town of Vail approval for the Special Development
District No. 36 -Four Seasons Resort remains valid and has not terminated by passage of time or
otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent
of the Parties hereto
above.
WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth
VAIL DEVELOPMENT, LLC
By: Thomas J. Brink
Its: Vice President & General Counsel
TOWN OF VAIL
By:
I
t
s
ss ACKNOWLEDGMENT BY VAIL DEVELOPMENT, LLC
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged on the day of 2006, before
me a notary within and for said County by Thomas J. Brink, 'the Vice President and General
Counsel of Vail Development, LLC, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF COLORADO )
ss ACKNOWLEDGMENT BY TOWN OF VAIL
COUNTY OF EAGLE
On the day of , 2006, before me a notary public within and for
said County, personally appeared to me personally
known and by me duly sworn, the of the Town of Vail, a municipality
named in the foregoing instrument and that the seal affixed to said instrument was signed and -~~~:~;;<~ _-;:: ;~
sealed on behalf of said municipality by authority of its .F-~: ,.:,
acknowledged said instrument to be the free act and deed of said municipality: ~~ ~ ~,-:~~:_~;:<:~,-;~
Attachment: B
ATTACHMENT B
Development Standard PA zone district Previous Approval (10/03) Proposed Amendment
Lot Area: 10,000 sq. ft. 118,768 sq. ft. 118,768 sq. ft.
GRFA: 178,152 sq. ft. (up to 150%) 177,991 sq. ft. 177,405 sq. ft.
AU/FFU 124,706 sq. ft. (70%) 124,570 sq. ft. (70%) 124,8$5 sq. ft. (70.4%)
DU 53,445 sq. ft. (30%) 53,421 sq. ft. (30%) 52,521 sq. ft. (29.6%)
Retail/Rest. 17,815 sq. ft. (10%) 8,965 sq. ft. (6%) 8,363 sq. ft. (5%)
Density (du/acre): 25 du/acre 7.3 du/acre 5.88 du/acre
AU unlimited 118 122
FFU unlimited 22 19
DU 68 18 16
EHU unlimited 34 28
Site Coverage:
Below Grade
Setbacks (above grade):
Frontage Rd.
Vail Rd.
West side
East side
Meadow Dr.
9 Vail Road (East)
9 Vail Road (SE)
Setbacks (below grade):
Frontage Rd.
Vail Rd.
West side
East side
Meadow Dr.
9 Vail Road (East)
9 Vail Road (SE)
Building Height:
Landscaping:
Parking:
Loading:
77,199 sq. ft. (65%)
84,402 sq. ft. (76%) 85,091 sq. ft. (71 %)
20 ft. 20 ft. 20.75ft.
20 ft. 20 ft. 18 ft.
20 ft. 20 ft. 19.66 ft.
20 ft. ~ 7.5 ft. 18 ft.
20 ft. 20 ft. 18.25 ft.
20 ft. ~ _ 20 ft. 20 ft.
20 ft. 20 ft. 19.5 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
48 ft.
35,630 sq. ft. (30%)
198 spaces + spa
3 berths
0 ft.
3 ft.
20 ft.
0 ft.
20 ft.
20 ft.
2 ft.
89 ft.
39,684 sq. ft. (33.4%)
215 spaces
3 berths
1 ft.
5 ft.
20 ft.
5 ft.
18.25 ft.
20 ft.
1 ft
89 ft.
32,796 sq. ft. (27.6%)
215 spaces
3 berths
MEMORANDUM
TO: Vail-Town Council
FROM: Community Development Department
DATE: January 3, 2006
SUBJECT: Second 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, Paf Dauphinais, President of the Grand Traverse H.O.A., is
requesting a second 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 second reading.
II. BACKGROUKD
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 was 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.
On December 6, 2005, the Town Council approved the first reading of Ordinance 25,
Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed).
On December 20, 2005, the Town Council tabled the application without discussion
to the January 3, 2006, meeting. -~
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 25, Series of 2005, on second reading.
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
2
ORDINANCE NO. 25
Series of 2005
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9,
SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT N0.22, 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 Town 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 Town 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 Town 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, 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
Development District.No. 22, Grand Traverse.
1 Attachment: B
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 ~# 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
Town 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 Town 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
2
property. The smaller single-family lots. provide the opportunity for a common
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 bf 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.
3
7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August
23, 1990, July 21, 1998, and , _, 2005.
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 Town
Code.
c. Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
4
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fi5. 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 shalt 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: ,
°~^^°~''^ f^^+: 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 Town Code.
7
88. Site Coverage: Not more than 25 percent of the total site area on each lot shall be
covered by buildings. w,~,-t#e-e~e~t+e~-e#~et-5. 9~L~~, ^^+ ,,.,,. ,. +~,
. "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. Parkin :Parking shall be as required, in Title 12, Chapter 10 of the Vail Town
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 fo
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
s
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:
6. 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 fallowing 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
t
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 decks decks where substantially concealed by
landscaping.
(8) Windows. Windows located within stucco areas shall ;?c-re~cQ
have a minimum of two inches of relief from the outside wall plane and
have a sandstone sill. T~'^' "^~~ "^ ,•,"~+.,. +.,,,.,,, ,,. "
., ,. , , s, .U„ oG o
(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.
X11. 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 6R~A-ahd number of employee units shall not be
counted toward allowable density er~€A for Special
Development District No. 22. The developer may choose to
transfer up to 300 sq. ft. e~6R1=A from the pr'smary unit to the
employee unit. T~' r~o~n + ., f rrnrl 'll h rl iJ + ~ fr~w, +ho
. 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 ~3 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 ~e-#a~Fy 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 fins! plat is recorded at the
Eagle County Clerk 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,
14
i
regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases by declared invalid.
Section 9.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town 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 repeated 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.
15
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 1N FULL ON F1RST READING this'6th day of December, 2005 and a
public hearing for second reading of this Ordinance set for the 3`d day of January, 2006,
at 6:00 p.m. in the Council. Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 3`d day of January, 2006.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
16
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~/C/N/TY MAP .
"SGCE.~ 1' ~ 500'
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
13 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
3
m
MEMORANDUM
TO: Vail Town Council
FROM: Rachel Friede, Department of Community Development
DATE: January 3, 2006
SUBJECT: Ordinance No. 29 Series of 2005 (Housekeeping Ordinance)
1. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting a second reading of Ordinance 29,
Series of 2005 (Housekeeping Ordinance), an ordinance to amend 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.. The proposed text
amendments will amend these Titles in order to create a more user-friendly and
professional Code.
The staff is requesting that the Town Council listen to a presentation on the
proposed ordinance and approve Ordinance No. 29, Series of 2005, upon
second reading.
II. 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.
A worksession for Town Council was held on December 6, 2005, where a report
outlining the details of the proposed text amendments was distributed. Council
members asked questions regarding the proposed text amendments and no
changes were made. On December 20, 2005, Town Council approved
Ordinance 29, Series of 2005 on first reading, with a vote of 7-0-0.
Since the December 20, 2005, first reading of Ordinance 25, Series of 2005, staff
has discovered an additional error within the Town Code. The provisions of
Chapter 12-13, Employee Housing, Vail Town Code, allow any dwelling unit
within the Town to be converted to, or constructed as, a Type IV EHU. At the
time of its adoption, this policy was clearly articulated within the Employee
Housing regulations of Chapter 12-13. However, this policy was not clearly
articulated in other portions of the Town Code that relate specifically to individual
zone districts. Within the Town Code, the regulations for each individual zone
district include a list of allowed uses. However, Type IV EHUs are not listed as a
permitted or conditional use in any individual zone district. Staff believes the
omission of Type IV EHUs from the lists of permitted uses was simply an
oversight at the time the Type IV EHU regulations were adopted. Staff does not
believe these omissions were intended to contradict the employee housing
policies adopted in Chapter 12-13 of the Town Code. Staff believes the most
efficient method for correcting this error in the Town Code is to add "Type 1V
Employee Housing Units" as a~ permitted use in all zone districts that allow
dwelling units and-EHUs. These zone districts are the Hillside Residential (HR),
Single-family Residential (SFR), Two-family Residential (R), Two-family
Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density
Multiple Family (LDMF), Medium Density Multiple Family (MDMF), High Density
Multiple Family (HDMF), Public Accommodation (PA), Commercial.Core 1 (CC1),
Lionshead Mixed Use 1 (LMU-1) and Lionshead Mixed Use 2 (LMU-2) Districts.
III. STAFF RECOMMENDATION
The Department of Community Development recommends that the Vail Town
Council approve Ordinance No. 29, Series of 2005, on second reading to
amend 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. Staffs recommendation is based upon
the review of the criteria noted in Section VII of the October 24, 2005 Planning
and Environmental Commission staff memorandum and the evidence and
testimony presented.
Should the Town Council choose to approve Ordinance No. 29, Series of 2005,
on first reading, the Department of Community Development recommends the
Town Council make the following findings.
7. 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
Standards Handbook; and
3. That the amendments promote the health, safety, morals, and general
welfare of the .Town and promote the coordinated and harmonious
developmenf of the Town in a manner that conserves and enhances
its nafural environment and its established character as a resort and
residential community of the highest quality.
IV. ATTACHMENTS
A. Ordinance No. 29, Series of 2005 (Housekeeping Ordinance)
ORDINANCE N0.29
SERIES OF 2005
AN ORDINANCE AMENDING THE VAIL TOWN CODE, 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.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public
hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the
Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended
approval of these amendments at its October 24, 2005 meeting, and has submitted its recommendation to
the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission fords that the proposed amendments
are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the
Vail Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Planning and Environmental Commission fords that the proposed amendments
further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the
Development Review Handbook; and
WHEREAS, the Planning and Environmental Commission fords that the proposed 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; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and
welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this housekeeping ordinance is to clarify text, correct spelling and
grammatical errors as well as correct errors in codification in the Vail Town Code. (Text that is to be
deleted is st~ielEea. Text that is to be added is bold. Text that has not been amended may have been
omitted.)
Section 2. Chapter 11-1 is hereby amended as follows:
I 1-1-1: DESCRIPTION.• '
This Ttitle may be cited as.the SIGNREGULATIONSfor the Ttown, and shall be
incorporated as Ttitle 11 of this Ceode.
I1-1-2: 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 highest
quality.
B. Specific Purpose:
following specif c purposes:
1. To describe and enable
Town of Vail.
These regulations are intended to achieve the
the fair and consistent enforcement of signs in the
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 I1-S-1 of this Ttitle) and review by the Ddesign R~°eview Board
(D~)•
Section 3. Section 11-2-1 is hereby amended as follows:
11-2-1 DEFIIVITIONSENUMERATED:.
AGGRIEVED PERSON.•
eerie: 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.
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 entity that has been closed and
vacated for more than ninety (90) days. without intent to reopen.
DISPLAY BOARD: (Also %nown 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.
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 its own linear -~nz~frontage.
f~
FRONTAGE, LINEAR: The horizontal, lineal dimension of any side of a fcrst
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.
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.
RESIDENTIAL NAMEPLATE SIGN.• A sign erected for the sole purpose of
ident~ing the inhabitant(s) residing therein, and/or the house name or address,
which t~ shall not contain advertising of any kind.
SIGN, CONSTRUCTION SIGN•
Sign- 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, 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:
SIGN, GARAGE SALE: (Also referred to as YARD SALE SIG1~: A temporary
sign that announces a garage sale or similar event.
SIGN, HANGING ' o . (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, MEMORL4L: 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 PARgING: A sign on private property that alerts others
of non public parking space.
SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, .or
within a specific zone district of the Town of Vail.
SIGN, PROJECTING ~N• (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 it is attached. '
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 taking
place within the commercial establishment.
SIGN, TEMPORARY SITE DEVELOPMENT.• 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 Vail Town
Council, as further regulated by Section 11-7-6, Vail Town Code. ~y
SIGNS, EXEMPT: A sign that is not subject to the regulations of this Title.
SIZE: (See also ~eiens`~f AREA, SIGN.) The dimension of a sign,
determined by the type of sign, as further regulated by Chapter 6, "Business
And Building Identifccation Signs'; of this Title.
TABLET: A slab or plaque with a surface that is intended for or bears an
inscription. .
Section 4. Section 11-3-2 shall be amended as follows:
11-3-2.: LIABILITY.•
The provisions of this Ttitle 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 ~l 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
4
issued under the provisions of this Ttitle. The provisions of this Ttitle shall not
impose upon the T~tawn of bail, its officers, employees, or the Ddesign Rreview
Bboard, any responsibility or liability by reason of the approval of any sign.
Section 5. Section 11-3-3 shall be enacted as follows:
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 sltall consider the following factors with
respect to the requested text amendment:
(I) 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
(4) The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent with
municipal development objectives; and
(S) Such other factors and criteria the PEC and/or Town Council deem
applicable to the proposed text amendment
b. Necessary Findings: Before recommending and/or granting an approval of
an application fora text amendment, the Planning and Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
(1) That the amen:dment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town; and
(2) That the amendment furthers the general and specific purposes of the Sign
Regulations; and '
(3) That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.
Section 6. Section 11-5-2 is hereby amended as follows:
11-5-2: DESIGN G UIDELINES
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; ~se~srefleet-ive non-reflective glass and stained glass; other
naturally textured building materials.
Section 7. Section 11-6-1 is hereby amended as follows:
11-6-1: PURPOSE ANDDESCRIPTION.•
Business and building identification signs are meant to ident~ and inform
through the display of the business and/or building name and any graphic
symbols or language pertinent to the advertised enterprise. This Chapter covers
all of the technical information related to business and building identification
signs. All business and building identification signs shall comply to with the
standards outlined in this Cehapter and shall be subject to design review.
Section 8. Section 11-6-3.is hereby amended as follows:
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 l~ts~ness 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 Mess Frontage For
Business Signs: Figure 3 of this Ssection 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 shall have a major public entrance that opens onto a major
vehicular or pedestrian way.
Section 9. Section 11-6-4 is hereby amended as follows:
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, "Defmitions", 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.
Section 10. Section 11-7-3 is hereby amended as follows:
11-7-3: PUBLIC INFORMATIONSIGNS:
A. Description: All public information signs shall
~nevier+~-sueinclude 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 Ttown of Vail or with the permission thereof.
Section 11. Section 11-7-6 is hereby amended as follows:
11-7-6: TEMPORARYSITEDEVELOPMENTSIGNS:
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 ,
' . Forty-two (42) inches by
fifty-three (53) inches in dimension.
a
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, atwo-sided sign mounted on a four by
_ four (4x4) inch post may be placed within a landscaped planter.
4~. Lighting: Not permitted.
S~. 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 Site Development Signs may include tJ:e following information:
(1) Staff approved development slogans.
(2) Brief factual description of the project
(3) Website address.
(4) Artist Rendering.
(S) Proposed completion date.
Section 12. Section 11-7-13 shall be enacted as follows:
I1-7-13: CONSTRUCTIONSIGNS
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) feed
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.
S. 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 (l) phone number and one (1)
email address shall be permitted
d Physical address.
Section 13. Section 11-8-2 is hereby amended as follows:,
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 ~rt~tlti-te~rarrt commercial buildings shall 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.
Section 14. Section 11-10-1 is hereby amended as follows:
11-10-1: VARIANCES:
A. Purpose: A variance from the Ssign R~°egulations constitutes relief from
,the strict interpretation of the standards and maybe granted by the pla~xni~gg~rrrd
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 Tfitle.
B. Application Procedure: An application for a variance from the sign
regulations may be obtained from the Ceommunity Ddevelopment D~lepartment.
The variance application must include a sign permit application, the applicant's
reasons for requesting a variance, and a nonrefundable fee determined by the
Toown Coouncil as set forth by Ttown ordinances. The staff shall set a date for a
hearing before the Planning and
Environmental Commission once the complete application has been received.
Section 15. Section 11-10-2 is hereby amended as follows:
11-10-2: APPEAL OF A VARIANCE:
An appeal to the Town Council tex~rr-eextt~ei~l of a Planning and Environmental
Commission (PEC) decision on a sign
variance application may be made in accordance with the appeal process
(Ssection 12-3-3 of this Ceode). _
Section 16. Section 12-1-1 is hereby amended as follows:
12-1-1: TITLE:
This Title may be 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 ef-Ks-il. "
Section 17. Section 12-2-1 is hereby amended as follows:
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.
Section 18. Section 12-2-2 is hereby amended as follows:
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.
~'~~OUTDOOR RECREATIONAREAS, 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.
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 properly 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
ANNEXED AREAS: Parcels of land that have been introduced to the
boundaries of the Town of Vail.
9
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.
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 availa¢le
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.
BA%ERIES 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.
BAY WINDOWS: A window or series of windows that projects 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.
DEC% 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 related supplies.
io
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.
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 defined by the Gore Creek Flood Plain Information Report, 1975, as
designated in Section 12-21-11 of this Chapter.
FLODD INSURANCE STUDY.• The official report provided by the Federal
Emergency Management Agency that includes flood profiles and water surface
elevation of the base flood
FLODR AREA, SEATING (Used Only For Calculating Parking Requirements):
The floor area within the enclosing walls of a business or structure that is
devoted to the seating of guests for dining or meeting purposes, exclusive of
lobbies, pre function preeeni+erte areas and kitchen facilities.
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.
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.
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.
PARTY WALL: A common wall shared by two attached structures, buildings
or dwelling units.
n "rte°~E OUTDOOR RECREATIONAREAS, 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.
ii
PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and
pedestrians, prohibited for use by motorized vehicles.
PERSONAL SERVICES: Anon-medical commercial business where a service is
offered to the customer and where accessory retail sales of products related to
the services may be provided, including but not limited to beauty and barber
shops, tailor shops, dry cleaners, Laundromats, .repair shops, and similar
services.
PLANNING AND ENVIRONMENTAL COMMISSION.•
eextneil: 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.
PRIMARYROOF.• A roof which covers five hundred (S00) or more square feet of
building area. A primary roof shall not include required secondary roof forms,
dormers, architectural projections, covered entryways, shop front colonnades,
awnings, louvers, porte cocheres, covered decks, and other similar roof forms.
This definition is used in the determination of building height in the Lionshead
Mmixed U~rse 1 and 2 gene districts. See figures 8-15(a-c) in the Lionshead
R~°edevelopment M~raster Pplan for additional clarification.
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 paytt~g 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.
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 I2-IO 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.
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
PUBLIC PARKING STRUCTURES: A parking area 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.
12
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-IO of this Title.
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 two slopes on each of four sides, the lower
steeper than the upper.
SHOPS, BEAUTYAND 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.
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 ~~it~rerr, "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.
SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a
final major or minor subdivision plat, or a Special Development District
development plan.
SITE: ° c ucfii"ciii~-" AFT ~~ ^° "=~~. (See Also LOT OR SITE) A parcel of land
occupied or intended to 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 lot of record, a
combination of lots of record or portions thereof, or a parcel of land described
by metes and bounds..
13
SLOPE:
~~ ~~ ~~ ~~
• ,
The
deviation of a surface from the horizontal, expressed in percent or degrees
and calculated through rise over run.
SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC
AND/OR COUNCIL REVIET~: 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-IS-4, "Interior Conversions'; or IZ-IS-S, "Additional Gross
Residential Floor Area (250 Ordinance)'; of this Title.
SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF
REVIEYI~: 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 (S) 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 (S%) of
the approved square footage of retail, office, common areas and other
nonresidential floor area.
STORE, CONVENIENCE FOOD: Commercial retail entity that specialize in
selling fast food and beverage, and. only includes counter service, not table
service.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty percent
(SO%) 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
14
comply with existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions.
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.
UNDERLYING ZONE DISTRICT: The zone district existing on the property,
or imposed on the property at the time the Special Development District is
approved
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.
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 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.
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.
ZONE DISTRICT.• 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 Vaik
Section 19. Chapter 12-3 is hereby amended as follows:
12-3-3: APPEALS:
A. Administrative Actions: Any decision, determination or interpretation by
any Ttown Aadministrative Offficial with respect to the provisions of this Ttitle
and the standards and procedures hereinafter set forth shall become final at the
next Planning and Environmental Commission
eem~issierrmeeting (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 modif ed by the Bboard or
Coommission.
15
B. Appeal OfAdministrative Actions:
1. Authority: The Planning and Environmental Commission pla~s~t~g--gyred
shall have the authority to hear and decide appeals
from any decision, determination .or interpretation by any Tfown administrative
official with respect to the provisions of this Title 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 design--r^evi~ew
beard.
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 T~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 Aadministrator shall determine. the
standing of an appellant. If the appellant objects to the Aadministrator's
determination of standing, the Planning and Environmental Commission
(or the Design Review Board design
in the case of design guidelines) shall,. at a meeting prior to
hearing evidence on the appeal, make a determination as to the standing of the
appellant. If the Planning and Environmental Commission
(or the Design Review Board design~eviere-bea~°d 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 Ttown 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
een~riss#en-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
Ceommission. 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 the Ttown.
The filing of such notice of appeal will require the administrative official whose
decision is appealed, to forward to the Planning and Environmental
Commission (or the Design Review
Board in the case of design guidelines) 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 noting the managing agent or the board of directors of the
16
condominium association) at least fifteen (1.5) calendar days prior to the hearing.
A hearing shall be scheduled to be heard before the Planning and
Environmental Commission (or the
Design Review Board a~~.~a.= :-~:•-'_::• ~eei^d in the case of design guidelines) on
the appeal within thirty (30) calendar days of the appeal being filed. The
Planning and Environmental Commission
ear~rissien (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 Administrato 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 Gguidelines) 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 .
Ceommission (or Board) 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 Planning
(or the Design Review Board
~ear~in the case ofDdesign Gguidelines).
5. Findings: The Planning and Environmental Commission ~nnirgg--and
(or the Design Review Board design 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 the.
requirements of this Ttitle have or have not been met.
6. Fee: The Town Ceouncil 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
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:
1. Authbrity.• The Town Ceouncil 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 eard with respect to the provisions of this
Ttitle and the standards and procedures.hereinafterset 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 or the Design Review
Board 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 Aadministrator's determination of standing, the Town Council
tt~~n-ee~rnerl 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 tin
eetrnei-F-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 t~~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 ' o 'decision or the Design
Review. Board's 'decision becoming final. If the last day for
filing an appeal falls on a Saturday, Sunday, or a Ttown 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 the Ttown. The f ling of such notice
of appeal will require the Planning and Environmental Commission nrng
or the Design Review Board
to forward to the Town Counciltewn~eunerd 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 noting the managing agent or the board of directors of the
condominium association) at least fifteen (1 S) calendar days prior to the hearing. .
A hearing shall be scheduled to be heard before the Town Councilte~~+n-ee~rrrei-l
on the appeal within forty (40) calendar days of the appeal being filed. The Town
Councilt~~~rovs-~ee~tneil 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 Cehapter to appeal any interpretation
or determination made by the Planning and Environmental Commission
or the Design Review Boarddesign
~~-~es~.
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 Administrato rendering such decision, determination
or interpretation certifies in writing to the Town Councilt,~~t~n-es~t~teil 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~~ro~s-~ea~trreil 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 Councilti~ron-ea~trreil.
.S. Findings: The Town Council~~~r~-ee~meil shall on all appeals make specific
findings of fact based. directly on. the particular evidence presented to it. These
is
findings of fact must support ,conclusions that the standards and conditions
imposed by the requirements of this Ttitle have or have not been met.
6. Fee: The Town Counciltewrr-ee~rrtei~l may set a reasonable fee for filing an
appeal to a Planning and Environmental Commission ping-anfl
or Design Review Board
decision. The fee will be adopted in a fee schedule which shall be maintained in
the Department of Community Development
develepngent. 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 B 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~r-ea~tneil with respect to a filed appeal may
seek review of such decision by a court of competent jurisdiction in the manner
provided by the laws of the Sstate of Colorado.
F. Conduct Of Hearing.• The Town Council~~~re-ea~rneil shall have. the
authority to set standards, by administrative rule, on appellate hearing
procedures including, but not limited to, time allowance for the presentation of
evidence and the time allowance for oral arguments.
12-3-4: DETERMINATION OF SIMILAR USE:
B. Review Use Characteristics: The Aadministrator, upon request of the
Toown Ceouncil, 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 Ceouncil may determine
the proposed use to be similar to uses specified as permitted uses in the same
zone district if itfinds 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 Ceouncil 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 this 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 Ceode 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 Ceode.
12-3-6: HEARINGS:
A. Conduct: When required by statute or by this title, hearings before the
Planning and Environmental Commission
19
' ee~en-and the Town Council shall be conducted in
accordance with the provisions of this Cehapter.
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 ~~~+rs--ea~trreil 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 (1 S) days prior to the date set for the hearing before the
Planning and Environmental Commission
eemmissi-ear, 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 (tf the adjacent property
is a condominium project, notice may be mailed to the managing agent,
registered agent or any member of the board of directors thereo~, for amp
a. application to change zone ~.':~::b_~ `:: _~~:°o 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~n-the density control Ssections-i~r-s~n~+ of a ice zone
districts.
D. Evidence:
1. The Planning and Environmental Commission
eeis~i~ shall base its determinations upon statements contained in the
application or petition, upon reports from the Ttown staff or consultants, if any,
and upon evidence presented to the Ceommission at the hearing.
2. The Town Counciltero+~l shall base its determinations upon statements
contained in the application or petition, upon reports from the Ttown staff or
consultants, if any, upon evidence submitted to Planning and Environmental
Commission and the recommendations
or findings of the Ceommission, and upon evidence presented to the Ceouncil 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 to the
record, contentions, and arguments with respect to the issues entailed, provided
that the Planning and Environmental Commission
eam»~is~iart and the Town Councilte~+n--eeu~gei~l 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 Title and the
boundaries of the zone districts shown on the Oefficial Zgoning Mmap may be
amended, or repealed by the Ttown Ceouncil in accordance with the procedures
prescribed in this Cehapter.
B. Initiation:
20
1. An amendment of the regulations of this Ttitle or a change in zone district
boundaries may be initiated by the Town Council ~~~n-,ee~tr~seil on its own
motion, by the Planning and Environmental Commission pi~~nd
on its own motion, by petition of any resident or
property owner in the T~town, or by the Aadministrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be f led 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 Aadrriinistrator.
C. Criteria And Findings:
I. Zone District Boundary Amendment:
a. Factors, Enumerated.• Before acting on an application for a zone district.
boundary amendment, the Planning and Environmental Commission pl~n~ri~sg
and Town Councilte~a~ shall consider
the following factors with respect to the requested zone district boundary
amendment.•
b. Necessary Findings: Before recommending and/or granting an approval of an
application for a zone district boundary amendment, the Planning and
Environmental Commission and the
Town Counciltti~ro~n--eaxmeil 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 Ttown; 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 pla;~;si;i~ ~•.a ~ - ~°'~' ~ -and Town Counciltewn
eaxtnetl 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 Zgoning Rregulations; 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 Planeerr~°elze~~atr and is compatible
with the development objectives of the Ttown; and
(S) Such other factors and criteria the Planning and Environmental
Ceommission and/or Coouncil. 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 and the Town Counciltsw~r
21
eetrrtei~l shall make the following findings with respect to the requested
amendment:
D. Fee: The Town Counciltewn-eauneil shall set a fee schedule for petitions
for amendment of the regulations of this Ttitle or a change in zone district
boundaries, sufficient to cover the cost of T#own 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 Councilfi~vro~rreexrrrei~ Planning and Environmental
Commission or Aadministrator, the
Aadministrator shall set a date for hearing in accordance with the provisions of
Ssubsections 12-3-6C and D of this Cehapter.
F. Planning And Environmental Commission Recommendation:. Within
twenty (20) days of the closing of a public hearing on a proposed amendment, the
Planning and Environmental Commission
eessisn shall act on the petition or proposal. The Ceommission 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 Ceommission shall transmit its recommendation, together with
a report on the public hearing and its deliberations and findings, to the Town
Councilte~~l.
G. Hearing By Town Council: Upon receipt of the report and
recommendation of the Planning and Environmental Commission~~
the Toown Ceouncil shall set a date for hearing in
accordance with Ssubsection 12-3-6B of this Cehapter.
H. Action By Town Council.• Within twenty (20) days of the closing of a
public hearing on a proposed amendment, the Town Councilt,~~ro~rr-eeteneil shall
act on the petition or proposal. The Town Councilt,~~a~s--ea~,rn~eil shall consider
but shall not be bound by the recommendation of the Planning and
Environmental Commission .The Town
Councilte~~eil 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
Ceommission or in modified form, or the Ceouncil may deny the petition. If the
Ceouncil 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.
Section 20. Section 12-4-1 is hereby amended as follows:
12-4-1: DESIGNATED:
The following zone Bening districts are established:
Hillside Residential(HR) District:-_~.~a~:-`-~_"L'_D'a~.°__`
-- ,
Single-Ffamily Residential (SFR) District
Two- Ffamily Residential (R) District
Two- Ffamily Primary/Secondary Residential (PS) District ~+~~'~'
Residential Cluster (RC) District el~trster !D_ _','~.a.-'_~-_'.•-__~'=-'
Low Density Multiple-Family (LDMF) District ~
dr~tr°iet
2z
Medium Density Multiple-Family (MDMF) District
fi~~~
High Density Multiple-Family (HDMF) District
Housing (H)-dis~i~t District
Public Accommodation (PA) District
Commercial Core 1 (CCI) District ee~e _' 'r'r'" a:... -'-~
Commercial Core 2 (CC2) District ee~°e-2-~~C~c'---~-°c.;
Commercial Core (CC3) District ee~°e-Mfr';'" a'-'•-'~'
r,-- ~-y...--~-~-~:
Commercial Service Center (CSC) District
Arterial Business (ABD) District
Heavy Service (HS) District sew#ee-(~IS}iet
Lionshead Mixed Use I (LMU-1) District
Lionshead Mixed Use 2 (LMU-2) District
Agricultural And Open Space (A) District
Outdoor Recreation(OR) District
Natural Area Preservation (NAP) District
Ski Base/Recreation (SBR) District
Ski Base/Recreation 2 (SBR2) District b~s~i"c%i"cuti~'" ~ ~Q i?D'f1 .l: ,. s,.:s
Special Development (SDD) District
Parking (P) Districtiet
General ~e Use (GU) District disf~^ief
Section 21. Section 12-4-2 is hereby amended as follows:
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.
Section 22. Chapter 12-5 is hereby amended as follows:
CHAPTER 12-5: OFFICL4L ZONING MAP
12-5-2: FILING:
The Off cial Zoning Map shall be filed in the office of the Town Clerk and shall
be identified by the signature of the Mayor, attested by the Town Clerk, and bear
the Seal of the Town under the following words:
This is to cert~ 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 Off cial 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 entered 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
23
most recent change shall at all times be indicated on any copies of the Oj~cial
Zoning Map subsequently reproduced.
12-S-S: INTERPRETATION OF BO UNDARIES:
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.•
Section 23. Chapter 12-6 is hereby amended as follows:
12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT
12-6A-1: PURPOSE:
The Hillside Residential District '-="°=a~ --~-=a~°`~~' a=~`•-=~` 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 '-="-=a~ -•~..:a„w`:..' digt~°iet 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 IV employee housing units, as further regulated by Chapter 13 of this
Title.
Type V employee housing unit, one per lot, as set forth in Cehapter 13 of this
Ttitle.
12-6A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
.conditional use permit in accordance with the provisions of Cehapter 16 of this
Ttitle:
Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle.
Equestrian facilities located on five (S) acre minimum lot size area on property
bordering public land.
Funiculars,- and other similar conveyances.
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-FAMILYRESIDENTL4L (SFR) DISTRICT
12-6B-1: PURPOSE:
24
The Single family Residential District drstrtet 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
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.
12-6B-2: PERMITTED USES.•
The following uses shall be permitted in the SFR Ddistrict:
Single family residential dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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 Cehapter 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-s~^-private schools.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing unit as set forth in Cehapter 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, 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: TWD-FAMILYRESIDENTIAL (R) DISTRICT
12-6C-1: PURPOSE:
The Two family Residential District dtstriet 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 ~F
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.
zs
12-6C-2: PERMITTED USES:
The following uses shall be permitted in the R Ddistrict:
Single family residential dwellings.
Two family residential dwellings.
Type I employee housing units as further regulated by semen Cehapter 13 of
this Ttitle.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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
Cehapter 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-er-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing units as set forth in Cehapter 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 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-FAMILYPRIMARY/SECONDARYRESIDENTIAL (PS) DISTRICT
12-6D-1: PURPOSE:
The Two family Primary/Secondary Residential District ~~~3'
drs~H°ief 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 iri the same
zone district. The Two family Primary/Secondary Residential District ~e-
dtst~°ieP 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.
26
Two family residential dwellings.
Type I employee housing units as further regulated by~~svideEl-irt Cehapter 13
of this Ttitle.
Type IV employee housing units; as further regulated by Chapter 13 of this
Title.
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 Cehapter 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
Ttitle.
Public buildings, grounds and facilities.
Public and-e~^-private schools.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing units asset forth in Cehapter 13 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 Cehapter 14 of this Ttitle.
12-6D-8: DENSITY CONTROL:
B. Gross Residential Floor Area:
2. The secondary unit shall not exceed forty percent (40%) of the allowable
gross residential floor area (GRFA).
12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT
12-6E-1: PURPOSE:
The Residential Cluster District °-°=a~--'°~' ~'• •-~-•- met 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 appropriately be located in the same zone district. The Residential Cluster
District °--'a~--'=~' ~'-~-'~-- drsf~°ret 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.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
27
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
Cehapter 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 facilities~- as further regulated by Ssection 12-14-12 of this
Ttitle.
Private clubs.
Public buildings, grounds and facilities.
Public and~°-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
12-6E-4.• ACCESSORY USES:
The following accessory uses shall be permitted in the RC Ddistrict:
Home occupations, subject to issuance of a home occupation permit in accord
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.
12-6F.• LOW DENSITYMULTIPLE-FAMILY (LDMF) DISTRICT.•
12-tiF-1: PURPOSE:
The Low Density Multiple Family District riet is
intended to provide sites for single family, twa 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 located in the same zone
district. The Low Density Multiple Family District
diet 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.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
12-6F-3: CONDITIONAL USES:
Za
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
Cehapter 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-e~°-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
IZ-6F-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the LDMF.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, 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.• MEDIUMDENSITYMULTIPLE-FAMILY (MDMF) DISTRICT.•
12-6G-1: PURPOSE:
The Medium Density Multiple Family District
dtstj°tet 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 ~istri~et 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 MDMFDdistrict:
Multiple family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single family residential dwellings.
Two family residential dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
12-6G-3: CONDITIONAL USES:
29
The following conditional uses shall be permitted in the MDMFD,4istrict,.snbject
to issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle.
Dog kennels.
Funiculars, and other similar conveyances.
Home child daycare facilities, 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-er-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
12-6G-4: ACCESSORY USES.•
The following accessory uses shall be permitted 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, attached garages or carports,
swimming pools, patios, or recreation facilities customarily incidental to
permitted residential uses.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-6H.• HIGHDENSITYMULTIPLE-FAMILY (HDMF) DISTRICT.•
12-6H-1: PURPOSE.•
The High Density Multiple Family District distrfet
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 dist~iet
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 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.
12-6H-2: PERMITTED USES:
The following uses shall be permitted in the HDMFDdistrict:
Lodges, including accessory eating, drinking, recreational or retail
establishments, located within the principal use and not occupying more than ten
percent (10%) of the total gross residential floor area (GRFA) of the main
structure or structures on the site; additional accessory dining areas may be
.located on an outdoor deck, porch, or terrace.
30
Multiple family residential dwellings, including attached or row dwellings and
condominium dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of t{:is
Title.
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
Cehapter 16 of this Ttitle.•
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle.
`-~~-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-gr-private 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 III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
12-6H-4.• ACCESSORY USES:
The following accessory uses shall be permitted in the HDMFDdistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Seection 12-14-12 of this Ttitle:
12-6I.• HOUSING (H) DISTRICT.•
12-61-1: PURPOSE:
The Housing District he~rsirtg di~trif~t 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. It is necessary in this zone
district to provide development standards speciftcally 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 #e~tsirtg
dirt->diet 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.
12-6I-2: PERMITTED USES:
31
The following uses shall be permitted in the HDdistrict:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as further described in Cehapter 13 of
this Tfitle.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES.•
The following conditional uses shall be permitted in the HDdistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Ttitle:
Commercial uses which are secondary and incidental (as determined by the
Pplanning and Eenvironmental Ceommission) to the use of employee housing
and specifically serving the needs of the residents of the development, and
developed in conjunction with employee housing, in which case the following
uses may be allowed subject to a conditional use permit:
Banks and fcnancial 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.
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~rrd-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 Cehapter 13 of this
T~title.
12-6I-4: ACCESSORY USES:
~ The following accessory uses shall be permitted in the HDdistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Sgection 12-14-12 of this Ttitle.
12-6I-11: DEVELOPMENTPLANREQUIRED:
32
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 #eus~g distr°iet 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 Ssection 12-6I-12 of this Aarticle and shall be submitted by
the developer to the Administrators~»~i~sr, who shall refer it to the
Planning and Environmental Commission
eenr»~issisn, which shall consider the plan at a regularly scheduled meeting.
C. Hearing.' The public hearing before the Planning and Environmental
Commission shall be held in
accordance with Ssection 12-3-6 of 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 Planning and
Environmental Commission may be
appealed to the Town Council te~ro~e-eettne~il in accordance with Ssection 12-3-3
of this Ttitle.
D. Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the Housing District #eus~rg digH°iet.
E. Amendment Process: Amendments to the approved development plan will
be considered in accordance with the provisions of Ssection 12-9A-10 of this
Ttitle.
F. Design Review Board Approval Required: The development plan and
any subsequent amendments thereto shall require the approval of the Design
Review Board desi-g~n-r°e~i~-betr~°d in accordance with the applicable provisions
of Cehapter 11 of this Ttitle prior to the commencement of site preparation.
12-6I-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 Ceommunity
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 information and materials required are not relevant to the
proposed development or applicable to the planning documents that comprise the
Vail Comprehensive Plan.ee»rp~°e~lu~ran:- The Administratora~ln~i~er
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.
12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION.'
E. Environmental impacts resulting from the proposal have been identified
in the project's Eenvironmental I}mpact Rreport, if not waived, and all necessary
mitigating measures are implemented as a part of the proposed development
plan.
Section 24. Chapter 12-7 is hereby amended as follows:
33
12-7A: PUBLIC ACCOMMODATIONS DISTRICT
12-7A-1: PURPOSE:
The Public Accommodation District hang dist~°iet
dtsH°ief is intended to provide sites for lodges and residential accommodations
for visitors, together with such public and semipublic facilities and limited
professional off ces, 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 dist~°iet 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 Yail 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-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
total gross residential floor area of the main structure or structures on the site;
additional accessory dining areas may be located on an outdoor deck, porch, or
terrace.
Type IV employee housing units, as further regulated by. Chapter 13 of this .
Title.
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
Cehapter 16 of this Ttitle:
Bed and breakfasts, as further regulated by Ssection 12-14-18 of this Tfitle.
Religious institutions ''-chu-ri; es-
Fractional fee club units as further regulated by Ssubsection 12-16-7A8 of this
Tfitle.
Health care facilities.
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and occupying between ten percent (10%) and fifteen
percent (IS%) of the total gross residential floor area of the main structure or
structures on the site.
Major arcades,
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Professional and business offices.
Public buildings, grounds and facilities.
Public parking structures.
Public and er private schools.
Public parks and recreational facilities.
34
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Ski lifts and tows.
Theaters and convention facilities.
Type.Ill employee housing units as provided in Cehapter 13 of this Ttitle.
12-7A-4: ACCESSORY USES:
The following accessory uses shall be permitted in the PA Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 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). At the discretion of the Pplanning and Eenvironmental
Ceommission and/or the Ddesign R~^eview Bboard, variations to the setback
standards outlined above may be approved during the review of exterior
alternations or modifications (Ssection 12-7A-12 of this Aarticle) subject to the
applicant demonstrating compliance with the following criteria:
B. Proposed building setbacks comply with applicable elements of the Yail
V~+illage U~rrban Delesign Gguide Pplan and Ddesign Ceonsiderations.
12-7A-8: DENSITY CONTROL:
Up to one hundred fifty (1 SO) 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 Pplanning and Eenvironmental Ceommission in accordance with Ssection
12-7A-12 of this Aarticle. Specifically, in determining allowable gross residential
floor area the Pplanning and Eenvironmental Ceommission shall make a finding
that proposed gross residential floor area is in conformance with applicable
elements of the Vail Vvillage U~rrban Ddesign Gguide Pplan and Ddesign
Ceonsiderations. Total density shall not exceed twenty five (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 total site area.
Final determination of allowable site coverage shall be made by the Pplanning
and Eenvironmental Ceommission and/or the Ddesign R~°eview Bboard in
accordance with Ssection 12-7A-12 of this Aarticle. Specifically, in determining
allowable site coverage the Pplanning and Eenvironmental Ceommission and/or
the Ddesign Rreview Bboard shall make a finding that proposed site coverage is
in conformance with applicable elements of the Vail Vvillage U~rrban Ddesign
Gguide Pplan and Ddesign Ceonsiderations.
35
12-7A-11: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with Cehapter 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
Ceommission and/or the Ddesign R~^eview Bhoard.
12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS.•
A. Review Required: The construction bf a new building or the alteration of
an existing building shall be reviewed by the Design Rt~eview Bhoard in
accordance with Cehapter 11 of this Ttitle. However, any project which adds
additional dwelling units, accommodation units, fractional fee club 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 Pplanning and
Eenvironmental Ceommission as a major exterior alteration in accordance with
this Cehapter 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 Ddepartment of Ceommunity Ddevelopment for
Pplanning and Eenvironmental Ceommission and Ddesign. R~°eview Bhoard
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.
2. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or modiftcation application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
filed in the Ddepartment of Ceommunity 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 Ceomprehensive 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.
3. 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 Ceommission, a conceptual review with the Ddesign
R~°eview Bhoard, or a work session with the Ttown Ceouncil.
4. Hearing: The public hearing before the Pplanning and .Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The
Planning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
36
may be appealed to the Ttown. Ceouncil in accordance with Ssection 12-3-3 of
this Tfitle.
12-7A-13: COMPLIANCEBURDEN.•
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Planning and Eenvironmental Ceommission and the
Ddesign R~^eview Bhoard that the proposed exterior alteration or new
development is in compliance with the purposes of the Ppublic Aaccommodation
genre Ddistrict, that the proposal is consistent with applicable elements of the
Yail Vvillage M~taster Pplan, the Yail V~+illage Uurban Ddesign Gguide Pplan
and the Vail Ssh-eetscape Mtnaster Pplan, 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 Ceomprehensive 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
Ceommission 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, 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 projects which produce substantial off site impacts
12-7B: COMMERCIAL CORE 1 (CCl) DISTRICT.•
12-7B-1: PURPOSE.•
The Commercial Core 1 District is intended to provide sites and to maintain the
unique character of the Yail 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 $ist~iet 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:
37
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 ~::a-'':~...___--._...
^r•
Florists:
Gift shopss~te~°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.•
~'~~
Beauty and barber shops.
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 specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
4. Professional offices, business oj~ces and studios. .
S. Banks and financial institutions.
6. Additional uses determined to be similar to permitted uses described in
Ssubsection BI through BS 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.
8. Type IV employee housing units, as further regulated by Chapter l3 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:
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
38
Luggage stores.
Major arcades.
Meeting rooms.
Multiple family dwellings~g.
Outdoor patios.
Theaters.
12-7B-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.
Drugstoresrt~rur»~rei~es.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of
products specifically for sale on the premises.
. Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
39
54. Additional uses determined to be similar to permitted uses described in
Ssubsection BI and B2 of this Section, in accordance with the provisions of
Section 12-3-4 of this Title so long as they do not encourage vehicular traffic.
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 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.
12-7B-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.
S. Personal services and repair shops, including the following:
ersksps.
Beauty and barber shops. '
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.
Drugstores
Florists.
Gift shopsst~eres.
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting goods stores.
Toy stores.
40
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.
8. Type IV employee housing units, as further regulated by Chapter 13 ojthis
Title.
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 III employee housing units (EHU) as provided in Chapter 13 of this Title.
12-7B-S: 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.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
B. Conditional Uses: The following uses shall be permitted on any floor
above the second floor above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of Chapter 16 of this Title. Any
permitted or conditional use which eliminates any existing dwelling or
accommodation unit, or any portion thereof, shall require a conditional use
permit. Such uses may include:
1. Retail stares 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.
41
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:
~'~~~
Beauty and barber shops.
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 Bl through BS 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 III employee housing units (EHU) as provided in Cehapter 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 Cehapter 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
42
the modification of an existing outdoor dining deck shall be subject to review by
the Pplanning and Eenvironmental Ceommission (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 Ceommunity 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 Ceomprehensive Pislan. The
Aadministrator andlor 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. 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 Ceommission. 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
Ceommission. meeting following the submittal dates listed above, the
Aadministrator shall inform the Pplanning and Eenvironmental Ceommission of
all exterior alteration submittals. The Aadministrator shall commence with the
review of exterior alterations following this initial Pplanning and
Eenvironmental Ceommission meeting.
b. Notwithstanding the foregoing, applications for the alteration of an existing
building which adds or removes any enclosed floor area of noY more than one
hundred (100) 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 may be submitted on a designated
submittal date for any regularly scheduled Pplanning and Eenvironmental
Ceommission 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 Ceommission 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 Ceommission. The Aadministrator shall schedule the work
session at a regularly scheduled Pplanning and Eenvironmental Ceommission
43
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 Ceommission in accordance with Ssubsection 12-3-6C of
this Ttitle.
S. Hearing: The public hearing before the Pplanning- and Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
may be appealed to the Ttown Ceouncil 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 Ceommission that the. proposed exterior alteration is in
compliance with the purposes of the CCI Ddistrict as specified in Ssection 12-
78-1 of this Aarticle; that the proposal is consistent with applicable elements of
. the Yail Vvillage M~naster Pplan, the Ttown of Vail Sstreetscape M~naster
P~slan, and the Yail Ceomprehensive Pplan; 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 U~erban Ddesign Gguide
Pplan and the Vail Vvillage Ddesign Ceonsiderations, 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
Ceomprehensive Pplan.
8. Lapse Of Approval: Approval of a major or minor exterior alteration as
prescribed by this Cehapter 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 Ceommission 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 mod f cation or change to the exterior
facade of a building or to a site within the CCl Ddistrict shall be reviewed by the
Ddesign R~°eview Board in accordance with Cehapter 11 of this Ttitle.
B. Compliance Burden: It shall be the burden of the applicant to prove by a
.preponderance of the evidence before the Ddesign R~^eview Bboard that the
proposed building modification is in compliance with the purposes of the CCl
Ddistrict as specified in Ssection 12-7B-1 of this Aarticle; that the proposal
substantially complies with the Vail V~+illage Drlesign Ceonsiderations, and that
the proposal does not otherwise alter the character of the neighborhood.
12-7B-8: CONDITIONAL ZISES,• FACTORS APPLICABLE:
In considering, in accordance with Cehapter 16 of this Ttitle, an application for
a conditional use permit within Ceommercial Ceore 1 Ddistrict, the following
development factors shall be applicable:
A. .Effects of vehicular traffic on Ceommercial Ceore 1 Ddistrict.
B. Reduction of vehicular traj~c in Ceommercial Ceore 1 Ddistrict.
as
F. Continuance of the various commercial, residential, and public uses in
Ceommercial Ceore 1 Ddistrict so as to maintain the existing character of the
area.
G. Control quality of construction, architectural design, and landscape
design in Ceommercial Ceore 1 Ddistrict so as to maintain the existing character
of the area.
H. Effects of noise, odor, dust, smoke, and other factors on the environment
of Ceommercial Ceore 1 Ddistrict.
12-78-9.• ACCESSORY USES:
The following accessory uses shall be permitted in the CCl Ddistrict:
12-7B-11: SETBACKS.•
.There shall be no required setbacks, except as may be established pursuant to the
Vail Vvillage Ddesign Gguide Pplan and Ddesign Ceonsiderations.
12-78-12: HEIGHT.•
Height shall be as regulated in the Vail Vvillage Uurban Ddesign Gguide Pplan
and Ddesign Ceonsiderations.
12-7B-13: DENSITY CONTROL:
Unless otherwise provided in the Vail Vvillage Uurban Ddesign Gguide 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 pu~Poses of calculating allowable units per acre.
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.
12-7B-14: RECONSTRUCTION OF EXISTING USES,• GENERALLY.•
If any building or structure located within Commercial Core ~~•-----~--~~~' ~~--~ 1
Ddistrict on June 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 Ttitle, so long as the appearance of the building or structure is the
same or substantially the same as existed prior to its destruction.
12-7B-IS.• SITE COVERAGE:
Site coverage shall not exceed eighty percent (80%) of the total site area, unless
otherwise specified in the Yail Vvillage .Uurban Ddesign Gguide Pplan and
Ddesign Ceonsiderations. In Commercial Core District ~~ -- - ~'~' ~~ -~ 1
dts~i°iet, ground level patios and decks shall be included in site coverage
calculations.
12-7B-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 Vvillage Ddesign Ceonsiderations as
adopted in Ssection 12-7B-20 of this Aarticle..
45
12-7B-17: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with Cehapter 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 Cehapter 10 of
this Ttitle. Loading requirements shall continue to be applicable to properties
within Commercial Core 1 District eo~° ~°-~ ~' ~ ~ ' a: -`--= ~`; ~°evided;
provided that no loading. areas shall be located in any required front setback
area.
12-7B-19: RECONSTRUCTION OF EXISTING USES; COMPLIANCE
REQUIRED:
Any building or structure located within Commercial Core ~~-°-°-~°~=~' ~~°~ 1
District. disf~iet 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 Ttitle. The building, however, shall substantially comply with the
applicable provisions of the Vail Vvillage U#rban Ddesign Gguide Pplan and
Ddesign Ceonsiderations.
12-7B-20: VAIL VILLAGE. URBANDESIGN GUIDE PLAN.•
A. Adoption: The Vail Vvillage U~rrban Ddesign Gguide Pplan and Ddesign
Ceonsiderations are adopted for the purposes of maintaining and preserving the.
character and vitality of the Vail Vvillage (CCI) and to guide the future,
alteration, change and improvement in the CCl Ddistrict. Copies of the Vail
Vvillage Ddesign Gguide Pplan and Ddesign Ceonsiderations shall be on file in
the Ddepartment of Ceommunity Ddevelopment.
B. Revisions: Revisions to the Vail Vvillage U~rrban Ddesign Gguide Pplan
and Ddesign Ceonsiderations shall be reviewed by the Pplanning and
Eenvironmental Ceommission with off cial action to be taken by the Tfown
Ceouncil 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 diet is intended to provide
sites for a mixture of multiple dwellings, lodges and commercial establishments
in a clustered, unified development. Commercial Core ~=~' ~~°~ 2
District dtst~°iet in accordance with the Vail Vvillage Uarrban Design Gguide
Pplan and Ddesign Ceonsiderations, as adopted in Ssection 12-7C-1 S 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 ~riet or enlargement of any existing Commercial
Core ee~tnn-emz 2 District clisH°iet by change of zone district boundaries,
the Ttown Ceouncil shall by resolution adopt a general development plan for the
proposed zone district. The general development plan may be prepared by an
46
applicant for the establishment of such zone district or may be prepared by the
Ttown. The development plan shall be submitted to the Pplanning and
Eenvironmental Ceommission .for review, and the Pplanning and
Eenvironmental Ceommission shall submit its findings and recommendations on
the plan to the Ttown Ceouncil.
_ B. 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 Da~epartment ,of Ceommunity 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 Ceomprehensive Pjslan. 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 the zone district. All plans subsequently approved by the Ddesign
R~°eview Bhoard in accordance with Cehapter I1 of this Ttitle, shall substantially
conform to with the development plan adopted by the Ttawn Ceouncil.
12-7C-3: PERMITTED AND CONDITIONAL USES:
In .the CC2 District dtstriet, permitted and conditional uses for specific floors
shall be the same as those permitted in the Commercial Core
District met as prescribed by Ssections 12-7B-2 . through 12-7B-5 of this
Cehapter. Retail stores and establishments shall not occupy more than eight
thousand (8,000) square feet offloor area.
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 Cehapter 16 of this
Ttitle: `
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle.
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-S: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: 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
47
the modification of an existing outdoor dining deck shall be subject to review by .
the Pplanning and Eenvironmental Ceommission (PEC) as follows:
I. 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 Ceommunity Drlevelopment.. 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 Yail Ceompreherisive 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.
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 Ceommission. 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
Ceommission meeting following the submittal dates listed above, the
Aadministrator shall inform the Pplanning and Eenvironmental Ceommission of
all exterior alteration submittals. The Aadministrator shall commence with the
review of exterior alterations following this initial Pplanning. and
Eenvironmental Ceommission 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 Ceommission 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 Ceommission. The Aadministrator shall schedule the work
session at a regularly scheduled Pplanning and Eenvironmental Ceommission
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 Ceommission in ,accordance with Ssubsection 12-3-6C. of
this Ttitle.
S. Hearing: 'The public .hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
48
may be appealed to the Ttown Ceouncil 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 Plslanning
and Eenvironmental Ceommission that the proposed exterior alteration is in
compliance with the purposes of the CC2 Ddistrict as specified in Ssection 12-
7C-1 of this Aarticle, that the proposal is consistent with applicable elements of
the Vail Vvillage U~rrban Ddesign Gguide Pplan and the Vail Vvillage Ddesign
Ceonsiderations, 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 Ceomprehensive Pplan.
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 Ceommission 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 CC2 Ddistrict shall be reviewed by the .
Ddesign R~^eview Bhoard in accordance with Cehapter 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 Bhoard 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 Vvillage Ddesign Ceonsiderations 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 District:
12-7C-8: SETBACKS.•
In the CC2 Ddistrict the minimum front setback shall be ten (IO) feet {~8~; the
minimum side setback shall be ten (IO) feet {~B); and the minimum rear setback
shall be ten (10) feet {d9-} unless otherwise specified in the Vail Vvillage U~rrban
Ddesign Gguide Pplan and Ddesign Ceonsiderations.
12-7C-9: HEIGHT.•
For a flat roof or mansard roof, the height of buildings shall not exceed forty five
(45) feet {43}. For a sloping roof, the height of buildings shall not exceed forty
eight (48) feet {~8~. These restrictions pertain unless otherwise specified by the
Vail Vvillage Uarrban Ddesign Gguide Pplan and Uurban .Ddesign
Ceonsiderations.
12-7C-70: DENSITY CONTROL:
Unless otherwise specified in the Vail Vvillage Uurban Ddesign Gguide 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 a multiple family building may include one attached
49
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 .specified in the Vail Vvillage U#rban Da~esign Gguide Pplan and
Ddesign Ceonsiderations.
12-7C-12: LANDSCAPWG AND SITE DEVELOPMENT.•
At least twenty percent (20%) of the total site area shall be landscaped unless
otherwise specified in the Vail Vvillage Uarrban Ddesign Gguide Plvlan and
Ddesign Ceonsiderations.
12-7C-15: VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN
CONSIDERATIONS.•
A. Adoption: The Vail Vvillage U~trban Ddesign Gguide Pplan and Design
Ceonsiderations are adopted for the purpose of maintaining and preserving the
character and vitality of Yail village (CC2) and to guide the future alterations,
change and improvement in the CC2 District. Copies of the Vail Vvillage
U~rrban Ddesign Gguide Pplan and Ddesign Ceonsiderations shall be on file in
the Ddepartment of Ceommunity Ddevelopment.
B. Revisions: Revisions to the Vail Vvillage U~trban Ddesign Gguide Pplan
and Ddesign Ceonsiderations shall be reviewed by -the Pplanning and
Eenvironmental Ceommission with ofltcial action to be taken by the Ttown
Ceouncil 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 eet~°_~-=~~~' ~~•_~
3 District ~°iet:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Cocktail lounges ts~+e~°rrg and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Health clubs.
Personal services and repair shops, including the following:
Ba~ers~reps:
~~epg:
Beauty and barber shops.
Business and officer 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.
so
Travel and ticket agencies.
Professional offices, business offices and studios.
Retail stores and establishments without limit as to floor area including the
following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores..
Drugstores-a~~rnaet~s.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores:
Gift shopsstares.
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.
Type IV employee housing units, as further regulated by Chapter I3 of this
Title.
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 dish subject to issuance of a conditional use
permit in accord with the provisions of Cehapter 16 of this Ttitle:
Any use permitted by Ssection 12-7D-1 of this Aarticle which is not conducted
entirely within a building.
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle:
si
Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennel.
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 III employee housing units (EHU) as provided in Cehapter 13 of this Tfitle.
12-7D-3: ACCESSORY USES:
The following accessory uses shall be permitted in the Commercial Core
ee~nrrrz 3 District diet:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 12-14-12 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-S: SETBACKS:
In the Commercials Core 3 District dis~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 met. 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 distrief or enlargement of zone district
boundaries, the Ttown Ceouncil shall by resolution adopt a general development
plan for the proposed zone district. The development plan may be prepared by an
applicant for the establishment of the zone district or may be prepared by the
Tfown. The development .plan shall be submitted to the Pplanning and
52
Eenvironmental Ceommission for review, and the Pplanning and
Eenvironmental Ceommission shall submit its findings and recommendations on
.the plan to the Ttown Ceouncil.
B. Plan Content: The Administrator 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 Ceommunity Ddevelopment. Certain submittal requirements may
be waived and/or modifzed 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 Ceomprehensive 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
R~°eview Bboard in accordance with Cehapter 11 of this Ttitle shall substantially
conform to wrth the development plan adopted by the Ttown Ceouncil.
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,; aver;is; and bars.
Coffee shops.
Fountains and sandwich shops. '
Restaurants.
Personal services and repair shops, including the following:
B~e-s.
Beauty and barber shops.
Business and off ce services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laudromats.
Small appliance repair shops, ezcludingfurniture repair.
Tailors and dressmakers.
~ Travel and ticket agencies.
Professional off ces, business offices and studios.
Retail stores and establishments without limit as to floor area including the
following.•
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale
on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
53
Delicatessens and specialty food stores.
Department and general merchandise stores. .
Drugstores-~Juaar~,ei~es.
Electronics sales and repair shops
Florists.
Food stores.
Furniture stores.
Gift shopss~te~°es.
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
Cehapter 16 of this Ttitle:
Any use permitted by Ssection 12-7E-3 of this Aarticle, which is not conducted
entirely within a building.
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle.
Child daycare centers.
Dog kennels.
Major arcades.
Multiple family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in Ssection 12-7E-5_of this.
Aarticle.
Private parking structures.
Private unstructured parking.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
12-7E-5: ACCESSORY USES:
The following accessory uses shall be permitted in the CSC Ddistrict:
54
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 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 Ddistrict, 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).
12-7F.• ARTERIAL BUSINESS (ABD) DISTRICT
12-7F-1: PURPOSE:
The Arterial Business ~°`-•-=~' '-•~-'•---- District dis~et 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 d~is#-~°iet 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 CIRCULATIONAND ACCESS PLAN.•
A. Plan Required.• Prior to any Ddesign R~^eview Bboard approval for a
building in the Aerterial Bbusiness Ddistrict or enlargement of an existing
Aerterial Bbusiness Ddistrict by change of zone district boundaries the
Pplanning and.Eenvironmental Ceommission 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
filed in the Ddepartment of Ceommunity 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 Ceomprehensive 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 R~^eview Bboard in accordance with Cehapter 11 of
this Ttitle shall substantially conform to the plan adopted by the Pplanning and
Eenvironmental Ceommission.
ss
D. Amendments To Plan: The general circulation and access plan can be
amended by the Pplanning and Eenvironmental Ceommission 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
Ceommunity Ddevelopment.
12-7F-3: PERMITTED USES:
The following uses shall be permitted in the Arterial Business ~°`~--=~' '--•~~-°~-~
District disfr°ic~t:
Eating and drinking establishments, as follows, are permitted on the first (street)
level:
Cocktail lounges~e~ss 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 off ce uses and shall be permitted on the first
(street) level:
Barfier~heps:
Beauty and barber sShops.
Shoe repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices; business offices and studios;
b~°eades~~ - - ""-~~~.
Radio artd television broadcasting studios.
Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of off ce uses and are therefore permitted so long as
they do not exceed eight thousand (8, 000) square feet. in f oor area for each such
business use and so long as they are located on the first (street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
n
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar. to permitted
uses in accordance with the provisions of Ssection 12-7F-1 of this Aarticle.
12-7F-4: CONDITIONAL USES:
A. Enumerated: The following conditional uses shall. be permitted in the
Aarterial Bbusiness Ddistrict, subject to the issuance of a conditional use permit
in accordance with the provisions of Cehapter 16 of this Ttitle:
Any use permitted by Ssection 12-7F-3 of this Aarticle, which is not conducted
entirely within a building.
Bed and breakfasts as further provided by Ssection 12-14-18 of this Title.
Brew pubs.
Child daycare centers.
Microbreweryies.
56
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 III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
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 Aarterial Business Ddistrict and will receive
review under the provisions of Cehapter 16 of this Ttitle 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 ojfice 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, D00)
square feet and no more than thirty three percent (33%) of the gross building,
area of the entire structure.
Furniture stores.
Hardware stores.
Health clubs.
Health food stores.
Hobby stores.
Household appliance stores.
Liquor stores.
Music and record stores.
Nursery and garden supply.
Outside car wash.
Pet shops.
Small appliance repair shops, excluding furniture repair.
Theater.
Yardage and dry good stores.
12-7F-S: ACCESSORY USES:
The following accessory uses shall be permitted in the Aarterial Business
Ddistrict:
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.
s~
12-7F-7: SETBACKS:
In the Aarterial Bbusiness Ddistrict, setbacks shall be as follows:
12-7G: HEAVYSERVICE (HS) DISTRICT.•
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 ~~°ret 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 and dog kennels-deg~k~e~rnel.
Automotive service stations.
Building materials s~ stores.
Business offices.
Commercial laundry and cleaning services.
Corporation yards.
Machine shops.
Motor vehicle sales and services. °
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 cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set
out in this Section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses
set out in this Section in accordance with the provisions of Section 12-3-4 of this
Title.
12-7H.• LIONSHEAD MLI'ED USE 1 (LMU-1) DISTRICT.•
12-7H-1: PURPOSE:
The Lionshead Mixed .Use 1 District is intended~to provide sites for a mixture of
multiple 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
sa
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the zone district $ist~°i~et by establishing appropriate site
development standards. This zone district DisH iet 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.
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 services.,
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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 "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;-a,~s!~,s~ayea~^e•
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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 Tfitle.
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 Cehapter 16 of this T#itle:
Beauty and barber shops.
59
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 III (EHU) as provided in
Cehapter 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.
12-7H-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 III (EHU) as provided in
Cehapter 13 of this Ttitle).
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this .
Ssubsection, in accordance with th.e provisions of Ssection 12-3-4 of this Ttitle.
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 Cehapter 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-an~~°e•
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-S: 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 Cehapter 16 of this
Ttitle:
Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle.
Brew pubs.
60
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.•
The following accessory uses shall be permitted in the Lionshead Mmixed U~rse I
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.
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 Bboard
in accordance with Cehapter 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 Pplanning and
Eenvironmental Ceommission as a major exterior alteration in accordance with
this Cehapter 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 Ceommission in accordance with Cehapter 16 of this Ttitle.
Complete applications for major exterior alterations shall be submitted in
61'
accordance with administrative schedules developed by the Ddepartment of
Ceommunity Ddevelopment for Pplanning and Eenvironmental Ceommission
and Ddesign R~°eview 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 Ceommunity 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 Ceomprehensive 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/Conceptual Review:' If requested by either the applicant
or the Aadministrator, submittals may proceed to a work session with the
Pplanning and Eenvironmental Ceommission, a conceptual review with the ,
Ddesign R~°eview Board, or a work session with the Tfown Ceouncil.
D. Hearing: Tlie public hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
may be appealed to the Tfown Ceouncil in accordance with Ssection 12-3-3 of
this Ttitle.
12-7H-8: COMPLIANCEBURDEN.•
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Pplanning and Eenvironmental Ceommission and the
Ddesign R~°eview Board that the proposed exterior ~ alteration or new
development is in compliance with the purposes of the Lionshead Mixed Use
~~e 1 District tlist~°iet, that the proposal is consistent with applicable
elements of the Lionshead R~^edevelopment M~rsaster Pjslan 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 Ceomprehensive Pplan.
12-7H-10: SETBACKS:
The minimum building setbacks shall be ten feet (10) unless otherwise specified
in the Lionshead R~°edevelopment Minaster Pplan as a build-to line.
12-7H-11: HEIGHTANDBULK:
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
R~°edevelopment Mmaster Pplan. All development shall comply with the design
62
guidelines and standards found in the Lionshead R~^edevelopment Mmaster
Pplan. Flexibility with the standard, as .incorporated in the Lionshead
R~^edevelopment M~rraster Pplan, shall be afforded to redevelopment projects
which meet the intent of design guidelines, as reviewed and approved by the
Ddesign R~^eview Bboard.
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 Mnxaster Pplan.
12-7H-1 S: LANDSCAPING AND SITE DEVELOPMENT.•
At least twenty percent (20%) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead R~^edevelopment 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 Pplanning and Eenvironmental
Ceommission 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.
12-7L• LIONSHEAD ML~'ED USE 2 (LMU-2) DISTRICT
12-7I-1: PURPOSE:
The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of
multiple 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 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 Di~iet by establishing appropriate site
development standards. This zone district $isti°ret is meant to encourage and
provide incentives for redevelopment in accordance with the Lionshead
Redevelopment Master Plan.
12-7I-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:
Banks and financial institutions.
63
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; a~n~~°e.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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 III (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.
12-7I-3: PERMITTED AND CONDITIONAL USES,• FIRST FLODR 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, a~s~r~e•
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this
Ssubsection, in accordance with the provisions ofSsection 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 Cehapter 16 of this Ttitle:
6a
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 III (EHU) as provided in
Cehapter 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.
12-7I-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 III (EHU) as provided in
Cehapter 13 of this Ttitle).
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
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 Cehapter 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, and,~ear°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.
12-7I-S.• CONDITIONAL USES,• GENERALLY(ONALL 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 Cehapter 16 of this
Ttitle:
65
Automotive service stations.
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle.
Brew pubs.
Child daycare centers.
Commercial storage.
Laudromats.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public'orprivate parking lots.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Television stations.
Vehicle maintenance, service, repair, storage, and fueling.
Warehouses.
12-7I-6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead Mixed Use 2
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.
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 R~°eview Bboard in
accordance with Cehapter 11 of this Ttitle. However, any project 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 Pplanning and Eenvironmental Ceommission as a major exterior
alteration in accordance with this Cehapter 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 .Ceommission in accordance with Cehapter
16 of this Ttitle. Complete applications for major exterior alterations shall be
submitted in accordance with administrative schedules developed by the
Ddepartment of Ceommunity D~tevelopment for Pplanning and Eenvironmental
Ceommission and Ddesign R~°eview Board review.
B. 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
66
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 Da~epartment of Ceommunity Ddevelopment. Certain submittal
requirements may be waived and/or modified by the Aadministrator and/or the
reviewing body j` 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 Ceomprehensive 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/Conceptual Review: If requested by either the applicant
or the Aadministrator, submittals may proceed to a work session with the
Pplanning and Eenvironmental Ceommission, a conceptual review with the
Ddesign Rreview Board, or a work session with the T~town Ceouncil.
D. Hearing: The public hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Tfitle. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of. the Pplanning and Eenvironmental Ceommission
may be appealed to the Ttown Ceouncil in accordance with Ssection 12-3-3 of
this Title.
12-7I-8: COMPLIANCEBURDEN.•
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Pplanning and Eenvironmental Ceommission and the
Ddesign Rreview Board that the proposed exterior alteration or new
development is in compliance with the purposes of the Lionshead Mixed Use
2 District drstriet, that the proposal is consistent with applicable
elements of the Lionshead Rredevelopment M~naster Pplan 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 Ceomprehensive Pplan.
12-7I-10: SETBACKS:
The minimum building setbacks shall be ten (10) feet ~ unless otherwise
specified in the Lionshead Rredevelopment M~rtaster Pplan as a build to line.
12-71-11: HEIGHT AND BULK:
Buildings shall have a maximum average building height of seventy one (71) feet
{~~ with a maximum height of 82.5 feet, as further defined by, the Lionshead
Rredevelopment Mtnaster Pplan. All development shall comply with the design
guidelines and standards found in the Lionshead Rredevelopment M~naster
Pplan. Flexibility with the standard, as incorporated in the Lionshead
Rredevelopment Mmaster Pplan, shall be afforded to redevelopment projects
which meet the intent of design guidelines, as reviewed and approved by the
Ddesign Rreview Board.
67
12-7I-14: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Lionshead R~^edevelopment M~rtaster Pplan.
12-7I-1 S: LANDSCAPING AND SITE DEVELOPMENT.•
At least twenty percent (20%) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead Rredevelopment Mnxaster Pplan.
12-7I-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 Pplanning and Eenvironmental
Ceommission 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.
Section 25. Chapter 12-8 is hereby amended as follows:
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 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 Distriet.
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 parkr, 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 otherpublic recreational facility.
Cemeteries.
68
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools. a~ee~lege~
Religious Institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Type II employee housing units (EHU) as provided in Chapter 13 of this Title.
Well water treatment facility.
12-8B: OUTDOOR RECREATION (OR) DISTRICT
12-8B-1: PURPOSE:
The Outdoor Recreation District dis-H°ret 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: PERMITTED 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.
12-8B-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the OR Ddistrict:
Accessory uses in the OR Ddistrict are subject to conditional use permit review
in accordance with the provisions of Cehapter 16 of this Ttitle.
12-8B-6.• SETBACKS.•
In the OR Ddistrict, the minimum setback shall be twenty feet (20) from all
property lines, except as may be further restricted by the Pplanning and
Eenvironmental Ceommission in conjunction with the issuance of a conditional
use permit in accordance with the provisions of Cehapter 16 of this Ttitle.
69
12-8B-10: LANDSCAPING AND SITE DEVELOPMENT.•
Landscape requirements shall be determined by the Ddesign Rreview Bboard in
accordance with Cehapter I1 of this Ttitle.
12-8B-12: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development . standards and the
development of land in the Oeutdoor R~°ecreation Ddistrict are found in
Cehapter 14 of this Ttitle.
12-8D: SKI BASE/RECREATION (SBR) DISTRICT
12-8D: SKI BASE/RECREATION 1 DISTRICT.•
12-8D-2: Permitted Uses: '
E. Outside Of Lodge: The follotiving 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 playingfelds, playgrounds.
Ski racing facilities.
Ski school activities.
Ski trails, slopes and lifts.
Snowmaking facilities.
Special community events.
8~~
Water-treatment and storage facilities buildings.
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the Sski Bbase/R~^ecreation
Ddistrict, subject to the issuance of a conditional use permit in accordance with
the provisions of Cehapter 16 of this Ttitle:
12-8D-4: ACCESSORY USES:
The following accessory uses shall be permitted in Sski Bbase/Rrecreation
Ddistrict:
12-8D-S: LOCATION OF B USINESS 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.• DEVELOPMENTPLANREQUIRED.•
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 Bbase/R~°ecreation Ddistrict will
meet the intent of the zone district, a development plan shall be required.
B. Plan Process And Procedures: The proposed developmentplan shall be
in accordance with Ssection 12-8D-7 of this A,article and shall be submitted by
~o
the developer to the Aadministrator, who shall refer it to the Pplanning and
Eenvironmental Ceommission, which shall consider the plan at a regularly
scheduled meeting: A report of the Pplanning and Eenvironmental Ceommission
stating its findings and recommendations shall be transmitted to the Tfown
Ceouncil 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 Bbase/Rrecreation Ddistrict .
E. DRB Approval Required: The development plan and any subsequent
amendments thereto shall require the approval of the Ddesign Rreview Bboard
in accordance with the applicable provisions of Cehapter 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 filed in the Ddepartment of Ceommunity
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 Ceomprehensive 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 EVAL UATION.~
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 R~^eport, if not waived, and all necessary
mitigating measures are implemented as a part of the proposed development
plan.
F.. Compliance with the Vail Ceomprehensive Pplan and other applicable
plans.
12-8D-10: SETBACKS:
In the Sski Base/Rrecreation Ddistrict, front, side, rear and stream setbacks
shall be as indicated on the approved development plan.
12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT.•
12-8E-1: PURPOSE:
The Ski Base/Recreation °'-~ '-~°~' -~--~~~=~ - 2 District atist~°tet is intended to
provide sites for facilities, activities and uses necessary for and appurtenant to
the operation of a ski mountain. A variety of other facilities, uses and activities,
including, but not limited to, residential, public and semipublic uses and special
community events typically associated with a vibrant resort community are also
permitted within the zone district. The Ski Base/Recreation °'~ '-~-~%-~~-•~--~=~-- 2
District dtsH•iet is intended to. ensure adequate light, air,, open space and other
amenities appropriate to permitted and conditional uses throughout the zone
~i
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 Vail 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 Tfitle 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 sl~i
2 Ddistrict:
12-8E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the Ski Base/Recreation sl~i
~~-~~-~~--~~'~~~ 2 Ddistrict, subject to the issuance of a conditional use permit in
accordance with the provisions of Cehapter 16 of this Ttitle:
12-8E-4: ACCESSORY USES:
The following accessory uses shall be permitted in the Ski Base/Recreation. s#i
2 Ddistrict:
12-8E-5: LOCATION OF BUSINESS ACTIVITY.•
A. Limitations; Exception: All oj~ces, retail sales, and commercial ski
storage conducted in the Ski Base/Recreation 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 sl~i
2 Ddistrict, there shall be an approved development plan for said
district or portion thereof An approved development plan shall be the principal
document in guiding the development, uses and activities of land within the zone
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 Eenvironmental Ceommission 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 skr
~~°~'°~~°~~'~~-- 2 Ddistrict or his (her) agent or authorized representative. The
application shall be made on ~ a form provided by the Ddepartment of
Ceommunity 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 development
72
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 Conference: Prior to submittal of a formal
application for a development plan, the applicant shall hold apre-application
pne,~epltea~t-ten conference with the Ddepartment of Ceommunity Ddevelopment.
The purpose of this meeting shall be to discuss the goals of the proposed
development plan, the relationship of the proposal to applicable elements of the
Vail Ceomprehensive Pplan, and the review procedure that will be followed for
the application.
B. PEC Conducts Final Review: The final review of a proposed
development plan shall be by the Pplanning and Eenvironmental Ceommission 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 Eenvironmental Ceommission to discuss
the development plan. A report of the Ddepartment of Ceommunity
Ddevelopment staffs findings and recommendations shall be presented at a
public hearing before the Pplanning and Eenvironmental Ceommission. The
Pplanning and Eenvironmental Ceommission 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 Eenvironmental Ceommission 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 Ceomprehensive Pplan. A
complete list of the submittal requirements shall 6e maintained by the
Aadministrator and filed in the Ddepartment of Ceommunity 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 Ceomprehensive Pplan,
Tfown policies and Uterban Ddesign Pplans.
12-8E-I1: 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: HEIGHT.•
In the Ski Base/Recreation °'~ '•~°~'•~~°~--~=~•- 2 Dtlistrict 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
73
height guidelines found in the Vail Vvillage M~rraster Pplan Ceonceptual
Building Hheight Pplan. In no instance, however, shall the maximum building
height exceed forty three (43) feet {43 ~.
12-8E-14: SITE COVERAGE•
In the Ski Base/Recreation °'~ ~~~-'°-~••~~'~~-- 2 Ddistrict, site coverage shall be
as indicated on the approved development plan.
12-8E-I5: LANDSCAPING AND SITE DEVELOPMENT.•
In the Ski Base/Recreation~eereutien 2 Ddistrict, landscaping
requirements shall be as indicated on the approved developmentplan.
12-8E-16.• PARKING/LOADING PLANAND PROGRAM.•
Off street parking and loading shall be provided in accordance with'Cehapter 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 Ceommission in review of the development plan. The off
street parking and loading plan shall. be indicated orz and described in the
approved development plan.
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
Ceommission 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, streetscape improvements, stream tract/bank
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 Ceommunity
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 Ceommunity Ddevelopment.
3. Notification of a proposed minor amendment, and a report of staff action of
said request, shall be provided to all property owners within or adjacent to the
zone district that may be affected by the amendment. Affected properties shall be
as determined by the Ddepartment of Ceommunity 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 Ceommission
will be informed of the administrative action ~ _`=„`gym. In all cases the
report to the Pplanning and Eenvironmental Ceommission shall be made within
74
twenty (20) days from the date of the staffs decision on the requested
amendment.
4. Appeals of staff decisions may be filed by adjacent property owners, owners of
property within the zone district, the applicant, Pplanning and Eenvironmental
Ceommission members or members of the Ttown Ceouncil 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 (S%) of the approved square footage;
increases to retail, office, or common 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 modem, 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 Aadministrator 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 Ceommunity Ddevelopment.
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 Ddepartment of
Ceommunity Ddevelopment). Notification procedures shall be as outlined in
Ssubsection 12-3-6C of this Tfitle.
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 (1) year of the completion .of the
previous phase.
B. Approval Voided.• If the developer ~~plieanP 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 Eenvironmental Ceommission shall review the development plan upon
submittal of an application to reestablish the development plan following the
procedures outlined in Ssection 12-5E-7 of this Aarticle.
Section 26. Article 12-9A is hereby amended as follows:
12-9A-1: PURPOSE AND APPLICABILITY.•
~s
A. PURPOSE: The purpose of the Sspecial Ddevelopment Ddistrict 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 Ceomprehensive Pplan. An approved development plan for a Sspecial
Ddevelopment Ddistrict, in conjunction with the property's underlying lone
district, shall establish the requirements for guiding development and uses of
property included in the Sspecial Ddevelopment Ddistrict. r1._~ ==:z.'
~.•.....:.....: u:n,.:a.. :a..._.:,.~ ~'~gl~`rrrl~; -d~rple~p~^1~3a~',~s~°eerr~trg}--~Fte.
B~
B. APPLICABILITY: Special Development Districts do not 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: DEFIMTIONS.•
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 Ddevelopment
Ddistrict 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 A1VD/OR COUNCIL REVIEi~: Any proposal to
change uses; increase gross residential floor area; change the number of
dwelling or accommodation units; modem, enlarge or expand any approved
Sspecial Ddevelopment Ddistrict (other than "minor amendments" as deftned in
this Ssection), except as provided under Ssection 12-1 S-4; "Interior
Conversions'; or 12-IS-S, "Additional Gross Residential Floor Area .(250
Ordinance)'; of this Ttitle.
MINOR AMENDMENT (STAFF REVIEN~: Modifications to building plans, site
or landscape plans that do not alter the basic intent and character of the
approved Sspecial Ddevelopment Ddistrict, and are consistent with the design
criteria of this e#~ter-Article. Minor amendments may include, but not be
limited to, variations of not more than five (S) feet (S) 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
76
uses) of not more than five percent (S%) of the approved square footage of retail,
office, common areas and other nonresidential floor area, except as provided
under Ssection 12-IS-4, "Interior Conversions'; or 12-15-5, "Additional Gross
Residential Floor Area (250 Ordinance)'; of this Tiitle.
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 are prohibited from Special Development
en# Ddistricts being used: Hillside R~^esidential, Ssingle-
Ffamily Residential, Two-Family Residential .~, Two-Family
Pprimary/Ssecondary Residential.
12-9A-3: APPLICATION.•
An application for approval of a Sspecial Ddevelopment Ddistrict may be filed
by any owner of property to be included in the Sspecial Ddevelopment Ddistrict
or his (her) agent or authorized representative. The application shall be made on
a form provided by the Ddepartment of Ceommunity 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-S of this Aarticle and a development plan as in
Ssection 12-9A-6 of this Aarticle.
12-9A-4: DEVELOPMENT REVIEW PROCEDURES:
A. Approval Of Plan Required: Prior to site preparation, building
const~ action, or other improvements to 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 Ddevelopment Ddistrict.
B.. Pre-application Conference: Prior to submittal of a
formal application for a Sspecial Ddevelopment Ddistrict, the applicant shall
hold apre-application conference with the Ddepartment of
Ceommunity Ddevelopment. The purpose of this meeting shall be to discuss the
goals of the proposed Sspecial Ddevelopment Ddistrict, the relationship of the
proposal to applicable elements of the Tfown's Comprehensive °~z~:~;- Pplan,
and the review procedure that will be followed for the application.
C. PEC Conducts Initial Review.• The initial review of a proposed Sspecial
Ddevelopment Ddistrict shall be held by the Pplanning and Eenvironmental
Ceommission at a regularly scheduled 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 Eenvironmental Ceommission to discuss Sspecial
Ddevelopment Ddistrict. A report of the Ddepartment of Ceommunity
Ddevelopment staffs findings and recommendations shall be made at the initial
formal hearing before the Pplanning and Eenvironmental Ceommission. Witl:in
,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 modifccations 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
Coommsssion stating its findings and recommendations, and the staff report shall
then be transmitted to the Toown Coouncil. '
Upon receipt of the report and recommendation of
the Planning and Environmental Commission, the Town Council s/tall 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 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 the
recommendation of the Planning and Environmental Commission or in
modified form, or the Council n:ay 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 Sspecial
Ddevelopment Delistrict application. A complete list of the submittal
requirements shall be maintained by the Aadministrator and filed in the
Ddepartment of Ceommunity 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 Ceomprehensive 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.
12-9A-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-S 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
~s
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 district. Under certain
conditions, commercial uses may be permitted in residential Sspecial
Ddevelopment 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 Sspecial Ddevelopment Ddistrict. The
amount of area and type of such uses, if any, to be allowed in a residential
Sspecial Ddevelopment 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 not applicable, or that a
practical solution consistent with the public interest has been achieved:
(1)~4- 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 10 of this Title.
(4)D: Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
(S)am Natural And/Or Geologic Hazard: Identification and mitigation of
natural and/or geologic hazards that affect the property on which the
Sspecial Ddevelopment Ddistrict is proposed.
(6)F: 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- Traff c.• 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 Sspecial Ddevelopment Ddistrict.
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 I2-9A-8A of
this Title, unless the applicant can demonstrate that one or more of the
79
standards is not applicable, or that a practical solution consistent with
the public interest has been achieved
(2)Tl:at 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 ee~±erages, 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.
12-9A-10: AMENDMENT PROCEDURES:
A. Minor Amendments:
1. Minor modifecations consistent with the definition of "minor amendment"
dpa~o?? rv~itFw~i~q ~?+tli?gC!~ in Ssubsection 12-9A-2
a~rreend~~cen~}of thin Article, may be approved by the Department of Community
Development. All minor 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 Ddistrict 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
staf~,bbeeistsn. 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 Sspecial 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.
B. Major Amendments:
so
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.
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 Da~evelopment Ddistrict, 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 Ssubsection 12-3-6C of this Title.
12-9A-11: RECREATIONAMENITIES TAX.•
A recreation amenities tax shall be assessed on all Sspecial Ddevelopment
Ddistricts in accordance with Title 2, Chapter S of this Code at a rate to be
determined by the Town Council nl",~,~i,-~ ~°a ~'~••'•.,...~_..._,..~ ~~__._. • ,This
rate shall be based on the .rate of the of 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 Sspecial Ddevelopment Ddistrict within three (3) years from
the time of its final approval, and continue diligently toward the completion of
the project. If the Sspecial Ddevelopment Ddistrict is to be developed in phases,
the developer must .begin construction of subsequent phases within one (l) year
of the completion of the previous phase.
B. Approval i~oided.• If the applicant does not begin and diligently work
toward the completion of the Sspecial Ddevelopment Ddistrict or any stage of the
Sspecial Ddevelopment Ddisb~ict within the time limits imposed by the preceding
Ssubsection, the approval of said Sspecial Ddevelopment Ddistrict shall be void.
The Planning and Environmental Commission and Town Council shall review
the Sspecial Ddevelopment 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 Ddevelopment Ddistrict applications and for major
and minor amendments to Sspecial Ddevelopment Ddistrict 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.
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 Da~evelopment Ddistrict
application is submitted to the Department of Community Development. Upon
s~
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 the applicant shall be paid to the
Town by the applicant within thirty (30) days of not cation 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 SDDsd~Hatets, if not
commenced at the present time, shall comply with Section 12-9A-12 of this
Article.
Section 27. Section 12-9B-3 is hereby amended as follows:
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.
~=rva-te-~a~°-p~,rrblie Pparks 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 may be stored.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 28. Article 12-9C is hereby amended as follows:
12-9C-1: PURPOSE:
The Ggeneral U~tse Ddistrict 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 Ggeneral U~rse Ddistrict is intended to ensure that public buildings
sz
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 surrounding uses, and, in the case of buildings and other
structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
12-9C-2: PERMITTED USES.•
The following uses shall be permitted in the GUDdistrict:
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
Ddistrict, subject to issuance of a conditional use permit in accordance with the
provisions of Cehapter 16 of this Tfitle:
.Child daycare centers.
r~~e hzs-
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 trees, or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools ,
Public and quasi public indoor community facilitiesy.
Public buildings and grounds.
n.. ~- ~.
..~~:•~»r+~ lrisaa {r~nititi~+~w~,,a ~. a
-- Yom. ..b~.,• ., ~........ ~.a.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/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 III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
Water and sewage treatment plants.
12-9C-4: ACCESSORY USES:
The following accessory uses shall be permitted in the GUDdistrict:
Minor arcades.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof, with the exception of buildings.
83
12-9C-S: DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the
Ggeneral U~tse Ddistrict, development standards in each of the following
categories shall be as prescribed by the Pplanning and Eenvironmental
Ceommission:
B. 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 Ceommission during the review of the
conditional use request in accordance with the provisions of Cehapter 16 of this
Ttitle.
12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the
development of land in the Ggeneral U#se Ddistrict are found in Cehapter 14 of
this Title.
Section 29. Chapter 12-10 is hereby amended as follows:
12-10-6: PARKING; OFF-SITE AND JOINT FACILITIES:
All parking and loading facilities required by this Cehapter shall be located on
the same site as the use for which they are required, provided that the Tfown
Ceouncil may permit off-site or jointly used parking facilities if located within
three (300) hundred feet f39~} 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 unenclosed. Prior to permitting off-site. or joint parking facilities,
the Ceouncil 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 Cehapter, 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 Ceouncil may require such legal
instruments as it deems necessary to ensure unified operation and control ofjoint
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 Cehapter or
provided in addition to the requirements of this Cehapter. Minor adjustments of
the dimensions prescribed in this Cehapter may be authorized by the
Aadministrator if consistent with generally recognized design standards for off-
street parking and loading facilities.
12-10-9: LOADING STANDARDS:
Standards for off-street effs~t-reef 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 e~t~eet loading
84
berths shall be provided in addition to required off-street sweet Parking and
shall not be located within accessways.
B. Size.• Each required loading berth shall be not less than twelve (12) feet
{-~} wide, thirty five (35) feet f33~ 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 Eenvironmental
Ceommission's discretion, variations to the minimum loading berth dimension
standards outlined above may be approved or required, subject to the Pplanning
and Eenyironmental Ceommission finding that such variation is necessary to
prevent negative impacts to the public right of way.
12-10-13: LOADING REQUIREMENTS SCHEDULE:
Off-street loading requirements shall be determined in accordance with the
following schedule:
Use Loadin Re uirement
Any use listed as a Loading facilities requirement to be determined
conditional use by the ts~t~s---ea~trteil Planning and
Environmental Commission as a condition of
the conditional use permit, but not less than the
com arable re uirement rescribed above
12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED:
A. Criteria: The Ttown Ceouncil by resolution may exempt certain areas
from the off-street parking and loading requirements of this Cehapter 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 Ceouncil 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 Ceouncil.
3. If any parking funds have been paid in accordance with this Ssection and j`
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the payer
psye~-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 Ceommercial Ceore 1,
Ceommercial Ceore 2, Ceommercial Ceore 3, Hhigh Ddensity Mrrrultiple-
Ffamily, Ppublic Aaccommodations, Lionshead Mixed Use 1 h~rshesd rrri~e~l
~tse--~, Lionshead Mixed Use 2, lid -__:--,~-z Commercial Service
Center or Sspecial Ddevelopment zone districts and provides sufficient parking
for use by employees may apply to the 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. If the
Administrator tt~~' determines that the lease proposal results in a visual
impact to surrounding streets or property, the Aadministrator may condition the
85
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 request. 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 significantly 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.
S. 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 ~lierefer 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 gene-Ddistrict,
and shall be limited to a maximum of fifteen (1 S) 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 Cehapter, the
Pplanning and Eenvironmental Ceommission may approve a reduction to the
number of required spaces specified in Ssection 12-10-10 of this Cehapter,
provided a report documenting the presence of unique parking characteristics is
provided by a qualified consultant and the fallowing findings are made by the
Pplanning and Eenvironmental Ceommission:
In reaching a decision, the Pplanning and Eenvironmental Ceommission shall
consider survey data submitted by a qualified transportation planning or
engineering consultant. Projects under "special review" are subject to additional
scrutiny by the Pplanning and Eenvironmental Ceommission after development
plan approval if it is deemed necessary. to verify continued compliance with the
above listed criteria. The maximum allowable reduction in the number of
required spaces shall not exceed twenty five percent (25%) of the total number
required under Ssection 12-1 D-10 of this Cehapter.
12-10-21: PARKINGPAYINLIEUZONESESTABLISHED:
The "Parking Pay-in-Lieu Zone" maps (attached to ordinance 4, series of 2001,
and available for inspection in the office of the Ttown Celerk) shall be used to
ident~ properties within the parkingpay in lieu zones referenced in Ssection 12-
10-16 of this Cehapter. 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 Ceommission for review
86
if the provision of on site parking on the property would circumvent relevant
objectives of applicable Comprehensive mater Pplan documents including, but .
not limited to, parking, pedestrianization, and vehicle penetration elements.
Section 30. Chapter 12-11 is hereby amended as follows:
12-11-1: PURPOSE l~F:
B. Area Character Protection: These factors constitute an important
economic base for the Tfown, both for those who earn their living here and for
those who view the Ttown as a precious physical possession. The Ttown
Ceouncil 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
Ceouncil has created a Ddesign R~°eview Board (DRB) and design criteria.
12-11-2: DEFINITIONS AND R ULES OF CONSTR UCTION.•
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 Design R~°eview Bboard for final determination.
12-I1-3: DESIGNAPPROVAL:
C. Nonconforming Sites And Structures; Effect Of Design Guidelines:
2. From the effective date of July 21, 1998, there shall be permitted aone-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 (S00) 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 with the design guidelines. The addition itself, however, shall
conform to wtP# 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: MATERL4L TO BE SUBMITTED; PROCEDURE:
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
s~
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 Ceommission and/or Ttown Ceouncil approval
if required.
2. Staff,• Board Procedure:
a. Upon receipt of an application for conceptual design review the Ddepartment
of Ceommunity Ddevelopment shall review the submitted .materials for general.
compliance with the appropriate requirements of the Zoning Regulations Bede.
If the proposal is. in basic compliance with the Zgoning Regulations,. eade
~~ the project shall be forwarded to the Ddesign Rreview Board for
conceptual review. If the application is not generally in compliance with the
Zoning Regulations, ends ~°eq~ri~^ernents the application and submittal materials
shall be returned to the applicant with a written explanation of the Ddepartment
of Ceommunity Ddevelopment's findings.
b. The Ddesign R~^eview 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 be required unless requested by the applicant. The property .
owner or his/her representative shall be present at the Ddesign R~°eview Bboard
hearing.
C. 'Preliminary And Final Design Review:
1. The owner or authorized agent of any project requiring design approval as
prescribed by this Cehapter shall submit for final design approval all of the
following material to the Aadministrator, unless the Aadministrator determines
within five (S) days of a written request for such determination that some of the
following material may be excluded:
h. Sign Regulations Compliance.• Scale drawings, plans renderings, photographs
or other information required by the sign ordinance codified in Ttitle 11 of this
Ceode, 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 Cld of this 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
Ceommunity Ddevelopment, based upon conditions ofslope and soil stability.
(3) Review Of Plan: The Ddepartment of Ceommunity Ddevelopment shall
review and approve all erosion control plans and shall maintain a list of erosion
control practices, both structural and nonstructural.
(S) Revegetation Landscaping.• Such plan shall be required of any applicant
proposing to remove or disturb existing vegetation. Potential damage to existing
landscaping/vegetation shall be adequate reason for requiring a revegetation
ss
plan. At a minimum, plans submitted under this Ssubsection shall include
revegetation of land disturbed by development and construction activity. The
Ddepartment of Ceommunity Ddevelopment shall establish and maintain a list of
revegetation best management practices.
(6) Additional Requirements.• In addition to the above requirements, the
Ddepartment of Ceommunity Ddevelopment may require any or all of the
following: '
j. NPDES Permit: An approved national pollutant discharge elimination system
permit for storm water discharges to surface waters resulting from developments
draining two (2) or more acres shall be presented. In lieu of such permit, the
developer of an area of two (2) or more acres may present a "no discharge"
storm water drainage plan, which may include such measures or detention
ponds, high curbs, and infiltration galleries. The Ddepartment of Ceommunity
Ddevelopment shall establish and maintain a list of such "no discharge"
measures.
m. Lighting Plan: An outdoor lighting plan shall be submitted separately from
the site plan or landscape plan, and shall show the location, the height above
grade, the type of illumination (such as incandescent, halogen, high pressure
sodium, etc.), the source lumens, and the luminous area for each light source
which is proposed. The applicant shall provide documentation that the lights
meet the standards set forth in Ssection 12-11-5 of this Cehapter. In addition to
locating this information graphically on a plan, the applicant shall provide the
information on the application form provided by the Ddepartment of Ceommunity
Ddevelopment.
2. Staff Or Design Review Board Procedure: The Ddepartment of Ceommunity
Ddevelopment shall check all .material submitted for design review for
compliance with the applicable provisions of the Zgoning Regulations eerie;
Ssubdivision R~^egulations, and with this Ssubsection C (the submittal
requirements of this Ssection as outlined above). If the application is found to be
in compliance with the applicable provisions of the Zgoning Ceode, Ssubdivision
Rregulations, and this Ssubsection C, the project shall either be placed upon the
agenda of the next appropriately scheduled Ddesign R~^eview Bboard meeting in
accordance with the required application submittal deadlines on file in the
Ddepartment of Ceommunity 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 Zgoning Regulations eerie 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 R~^eview 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 Cehapter, the
Aadministrator or the Ddesign R~°eview 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 Cehapter, the Ddesign R~^eview 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 sped the conditions
89
and additional and/or modified materials which must be submitted by the
applicant •to the Ddesign Rreview Bhoard 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 R~°eview Bhoard 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 R~°eview Bhoard
at a public meeting, the Ddesign R~°eview Bhoard shall have thirty (30) days to
consider and approve or deny an application. The time for action may be
extended at the request of the applicant.
d. If changes in the design of the project are requested, the Ddesign R~°eview
Bhoard shall approve, disapprove or request further changes within thirty (30)
days of the meeting at which the Ddesign R~^eview Bhoard 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 Rreview Bhoard 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 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 R~°eview Bhoard for decision.
All other applications shall be referred to the Ddesign Rreview Bhoard.
12-11-5: DESIGN GUIDELINES:
The design guidelines for all development are contained in Title ~tle-14 of this
Ceode.
12-11-6: PARK DESIGNGUIDELINES.•
A. Purpose: These guidelines shall be used by the Ddesign Rreview Bhoard
in reviewing any proposals for the development of Tfoivn park .land. The
guidelines shall be used in conjunction with the general design review guidelines
found in Tfitle 14 of this Ceode. It is the intent of these guidelines to leave as
90
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 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: DESIGNREVIEWFEE.•
The Tfown Ceouncil shall set a design review fee schedule suff cient to cover the
cost of Tfown staff time, consultant's fees, and incidental expense.
12-11-8: PERFORMANCE BOND:
The Building Oefficial 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
landscaping have been installed. The Bbuilding Defficial may issue a temporary
certificate of occupancy not to exceed two hundred ten (210) days upon the
applicant posting with the Ddepartment of Ceommunity Ddevelopment a
performance bond or other security acceptable to the Ttown Ceouncil 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 may be
revoked until the same are installed by the applicant or by the Ttown pursuant to
the terms of the performance bond or other accepted security that has been
approved by the Ttown.
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 Ceommunity Ddevelopment. The Ddepartment of Ceommunity
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
notes the Ddepartment of Ceommunity 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 Ceommunity
Ddevelopment 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 Cehapter. Upon forfeiture of said
bond or surety, the Ttown 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.
91
Section 31. Chapter 12-12 is hereby amended as follows:
12-12-1: PURPOSE:
Submission and review of an Eenvironmental Iixnpact Rreport 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 Iimpact Rreport shall be submitted to the Administrator for
any project for which such a report is required by Federal or State law, 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: EXEMP'T' PROJECTS:
An Eenvironmental Iimpact Rreport shall not be required for the following
projects:
B. A phase of a project for which an Eenvironmental Impact Report
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 Ihnpact Report shall be based
on systematic studies conducted by the Town staff or by professional consultants,
as determined by the Administrator. The Eenvironmental Impact Rreport 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 Iimpact Report includes .the following
natural systems and other studies:
B. Summarization: The Eenvironmental Iimpact Report 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 Ihnpact Report.
12-12-5: REPORT CONTENTS:
A. .Information And Analysis: The Eenvironmental Impact Report 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 Impact
Report 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:
92
C. Environmental Inventory: The Eenvironmental Ihnpact Rreport 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 environmental inventory shall
include maps, photographs, or other appropriate illustrative material.
E. Analysis: The Eenvironmental Iimpact Rreport 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 Iimpact Rreport shall fully assess the following
items:
12-12-6: REPORT; ADDITIONAL MATERIAL:
The Administrator may further prescribe the form and content of an
Eenvironmental Iimpact Rreport, setting forth in greater detail the factors to be
considered and the manner in which the report 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: TIME SCHEDULE:
The Eenvironmental Iimpact Rreport 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 Iimpact Rreport, 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 Iimpact Rreport 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
Iimpact Rreport, and shall transmit copies of the report upon request.
Environmental Iimpact Rreports 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
93
considered as supplementary or amendatory to the Eenvironmental Impact
Rreport.
12-12-11: ACTION BY COMMISSION:
A. Criteria For Decision: Following review of the Eenvironmental Impact
Rreport, 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 fording, if changes in the project are feasible
which ameliorate or avoid the 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 Iimpact Rreport
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 Immpact Rreport.
B. Exception: This Section shall not apply to a project for, which an
Eenvironmental Iimpact Rreport is not required, as prescribed in Section 12-12-3
of this Chapter.
Section 32. Section 12-13-3 is hereby amended as follows:
12-13-3: GENERAL REQUIREMENTS:
A. Deed Restriction, Occupancy Limitations, Reporting Requirements -Types I,
II, III, 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 III' employee
housing units, which may be occupied by any person meeting the employment
requirements 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
94
returning after a departure or absence from said home or place tlge~°ef~^er~x,
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 tax 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 affedavit
arming 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 Ttown
manager and Ttown attorney.
C. `Development Standards:
S. 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 I EHU which has f ve hundred (SDO) 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 Rreview Bboard 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 Pplanning and Eenvironmental Ceommission as provided for in
Cehapter 16 of this Ttitle.
3. EHU applications which do not require a conditional use permit shall be
reviewed by the Ddepartment of Ceommunity 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 Ttown 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 to
a conforming EHU administratively by the Ttown, as long as they otherwise
comply with the development standards and parking requirements found herein
and comply with the building code requirements of the Ttown. Upon being
converted to an EHU per this Ssection, such dwelling units shall be considered
legally conforming EHUs and shall be governed by all requirements of this
Cehapter.
F. Written Management Plan For Type VI Housing: For the purposes of
this Ttitle, a type VI employee housing unit is an employee housing unit which
shall be governed by a written management plan or other written program
approved by the Pllanning and Eenvironmental Ceommission. 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 Ceommission as part of the conditional use permit
application fora type VI employee housing. unit in accordance with the
provisions of Cehapter 16 of this Ttitle.
95
1. Management Plan; Required Contents:
e. Affidavit: No later than February 1 of each year, the owner of a type VI.
employee housing unit shall submit two (2) copies of a sworn afftdavit to be
obtained from the Ddepartment of Ceommunity Ddevelopment, to the
Ddepartment of Ceommunity Ddevelopment 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 Eenvironrriental
Ceommission 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 Ceommission in accordance with
this Ssection.
Section 33. Chapter 12-14 is hereby amended as follows:
12-14-1: APPLICABILITY.'
The provisions of this Cehapter 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: APPLICATIONAND INTERPRETATION OF HEIGHT 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 five percent (25%) of the perimeter of the portion of the
structure to another portion of 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: APPLICATIONAND 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
~~e~°ef-~°enx. 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 Tfitle, 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 detail the manner in which the home occupation will conform w~h to
the'requirements of this Cehapter.
96
B. Application Contents: An application for a home occupation permit shall
be made upon a form provided by the 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 traffcc 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 wick to the requirements of this Cehapter. 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 Cehapter 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 ~it# to the provisions of this Cehapter, 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
the 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 Cehapter 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-I5: SIGNREGULATIONS:
All signs shall be regulated in accordance with the provisions of Ttitle I1 of this
Ceode. The Ttown Ceouncil may by ordinance provide for the administration and
enforcement of the provisions of Ttitle I1 by the Aadministrator or other
administrative official, and may provide for review and approval procedures
pursuant to Ttitle 11 by the Ddesign 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 to 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 Wworks.
12-14-17: SETBACK FROM WATERCOURSE:
Minimum setback from a creek or stream shall be not less than thirty feet (30)
from the center of the established creek or stream channel as def ned by the
Ttown Ceomprehensive Pplan base maps; provided, however, that the setback
from Gore Creek shall be fifty feet (SO). Natural creek or stream channels may
not be rechanneled or changed.
12-14-18: BED AND BREAKFAST OPERATIONS:
97
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 Ceommission after June I2, 1990, or to. operate in violation of
any of the provisions of this Ceode.
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 w~h to the provisions of this Ttitle.
E. Review Of Decision: The Tfown Ceouncil, the applicant, adjacent
property owner or the Ttown Mtnanager, may appeal/call up to the Tfown
Ceouncil for review any decision made by the Pplanning and Eenvironmental
Ceommission regarding a conditional use permit for bed and breakfast as per
Ssection 12-3-3 of this Ttitle.
12-14-19: SATELLITE DISHANTENNAS:
A. Purpose: The purposes of this Ssection is are as follows:
2. To protect and support the aesthetic concerns of the Tfown, a resort
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
Ceommunity Ddevelopment for review. The application shall set forth the
following.•
1. Completed Ddesign Rreview Bboard 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).
S. 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 Ceommunity Ddevelopment.
Upon receipt of application, it shall be reviewed by the Ddepartment of
Ceommunity Ddevelopment. If the Ddepartment of Ceommunity Ddevelopment
determines that the, requirements set forth herein have been met, they shall
forward the application to the Ddesign Rreview Bboard for consideration of
whether or not the satellite dish antenna meets the requirements set forth herein
in Ssubsection 12-11-SH of this Ttitle.
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
g. Issuance of a, building permit from the Ddepartment of Ceommunity
Ddevelopment 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 Ttitle. Names and mailing addresses of adjacent property owners and
98
of owners of dwelling units on the same lot as the applicant shall be provided to
the Ddepartment of Ceommunity Ddevelopment by the applicant.
i. Due to the special aesthetic importance of the core areas of the Ttown, exterior
installations of satellite dish antennas in Ceommercial Ceores 1, 2, Lionshead
Metixed U~rse 1, and Lionshead M~nixed U#se 2 gene Ddistricts 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.
Section 34. Section 12-15-2 is hereby amended as follows:
12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT:
Zone Districts GRFA Ratio GRFA CREDITS
(Added to results
of application of
Percenta e
HR 0.43 of site _< 10,000 sq. ft., plus None
Hillside R~°esidential 0.25 of site area > 10,000 and <
22, 000 sq. ft., plus
0.07 o site area > 22, 000 s . t.
SFR 0.40 of site area <_ 10, 000 sq. ft., None
Single-Ffamily plus
R~^esidential 0.13 o site area > 10, 000 s . t.
R 0.46 of site area < 10, 000 sq. ft., None
Two-F, family plus
R~^esidential 0.38 of site area > 10,000 and _<
1 S, 000 sq. ft., plus
0.13 of site area > 1 S, DOD and <
30, 000 sq. ft., plus
0.06 o site area > 30, 000 s . t.
PS 0.46 of site area < 10,000 sq. ft., None
Two-Ffamily plus
Pprimary/ 0.38 of site area > .10,000 and <
Ssecondary 1 S, 000 sq. ft., plus
Residential 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 Celuster
LDMF 0.44 of buildable area None
Low Ddensity
M~rrultiple-
F anvil
99
MDMF 0.56 of buildable area None
Medium Ddensity
M~rcultiple-
F anvil
HDMF 0.76 of buildable area None
High Ddensity
M~»rultiple-
F anvil
H Per Pplanning and Eenvironmental None
Housin Ceommission a roval
PA 0.80 of buildable area None
Public
Aaccommodation
CCl 0.80 of buildable area None
Commercial Ceore 1
CC2 0.80 of buildable area None
Commercial Ceore 2
CC3 0.30 of buildable area None .
Commercial Ceore 3
CSC 0.40 of buildable area None
Commercial (GRFA shall not exceed SO% of the
Sservice Center center total building floor area on
an site
ABD 0.60 of buildable area None
Arterial Business
HS None permitted None
Hea Sservice
LMU-1 2.S of buildable area None
Lionshead Mmixed
U~xse 1
LMU-2 2.S 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
R~°ecreation
P None permitted None
Parkin
GU Per Pplanning and Eenvironmental None
General Use Ceommission a roval
NAP None ermitted None
ioo
Natural Aarea
P reservation
SBR Per Ttown Ceouncil approval None
Ski
Bbase/R~°ecreation
SDD Per underlying zoning or per None
Special development plan approval by
Ddevelopment Ttown Ceouncil
Ddistricts
SBR2 Per Pplanning and Eenvironmental None
.Ski Ceommission approval
Base/R~°ecreation 2
Section 35. Section 12-15-3 is hereby amended as follows:
12-IS-3: DEFINITION, CALCULATION, AND EXCLUSIONS:
12-1S-3A: Within The Hillside Residential (HR), Single-Family Residential
(SFR), Two-Family Residential (R), And Two-Family Primary/Secondary
Residential (PS), Districts:
lA: (4) Attic Areas With ?`~-~s3 Non-truss System: Attic areas created by
construction of a roof structure utilizing a ~ non-truss system, with
spaces greater than five feet (5) in height, if all of the following criteria are met.•
(S) Attic Areas With #ent~ss Non-truss System: Attic areas created by
construction of a roof structure utilizing a ~s non-truss system, with
spaces greater than f ve feet (S) in height, if all of the following criteria are met.•
2. Additional Calculation Provisions:
(2) If a roof structure is designed utilizing a ~eenH°uss non-truss system, and
spaces greater than f ve feet (S) in height result, these areas shall not be counted
as GRFA if all of the following criteria are met:
Section 36. Section 12-15-4 `is hereby amended as follows:
12-1 S-4: INTERIOR CONI~ERSIONS:
B. Applicability.• Within all -zone districts except the Single-Family
Residential °';_o_'=,.`.__:-;;;~ :-_~a~;._`.:::' (SFR), Two-Family Residential ~~~3~
~°e~l (R); and Two-Family Primary/Secondary Residential ~i,de~smlly,
' (PS) Ddistricts, dwelling units that meet or exceed
allowable GRFA will be eligible to .make interior conversions provided the
following criteria are satisfied:
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 nt
dis~tet; provided, that such GRFA complies with the standards outlined herein.
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
tot
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 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 modifecations 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 may be 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 R~°eview 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 Ceommunity
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 Sspecial.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-I1-4C of
this Ttitle or as determined by the Ddepartment of Ceommunity 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 Cehapter.
3. Proposals deemed by the Ddepartment of Ceommunity Ddevelopment staff to
be in compliance with this Ssection and all applicable zoning and development
regulations shall be approved by the Ddepartment of Ceommunity Ddevelopment
or shall be forwarded to the Ddesign R~°eview Bboard in accordance with
Cehapter II 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 Section, applicants shall proceed
with securing a building permit prior to initiating construction of the project.
ioz
S. Any decisions of the Ddepartment of Ceommunity Ddevelopment pursuant to
this Ssection may be appealed by any applicant in accordance with the
provisions of Ssection 12-3-3 of this Ttitle.
Section 37. Section 12-15-5 is hereby amended as follows:
12-IS-S: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250
ORDINANCE):
B. Applicability: The provisions of this Ssection shall apply to dwelling
units in all zone districts except the Ssingle-Ffamily Rresidential (SFR), Ttwo-
Ffamily Rresidential (R), and T~rvo-Ffamily Pprimary/Ssecondary R~^esidential
(PS) Ddistricts.
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: A single family
or two family dwelling unit 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. Before such
additional GRFA can be granted, the single family or two family dwelling unit
shall meet the following criteria:
1. Eligible Time Frame: A single family or two 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 Ddesign Rreview Board application for
the original construction of said unit has been accepted by the Ddepartment of
Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S)
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 fora proposal, it shall be approved by the Pplanning and
Eenvironmental Ceommission pursuant to Cehapter 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
Ceommission approval or the approval for additional GRFA shall be voided.
D. Multi-Family Dwellings: Any dwelling unit in a multi 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: A multiple 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 Ddesign R~^eview Bboard application for the
original construction of said unit has been accepted by the Ddepartment of
Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S)
years must have passed from the date the building was issued a cert~cate of
occupancy (whether temporary or final) or, in the event a certiftcate of
103
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 Ttown zoning requirements and
applicable development standards. If a variance is required for a proposal, it
shall be approved by the Pplanning and Eenvironmental Ceommission pursuant
to Cehapter 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 Ceommission 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 Ceommunity Ddevelopment. If the 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 letter of approval or signature on the application. The application shall also
include:
a. A fee pursuant to the current schedule shall be required with the application.
b. Information and plans as set forth and required by Ssubsection 12-I1-4C of
this Ttitle.
c. Any other applicable information required by the Ddepartment of Ceommunity
Ddevelopment to satisfy the criteria outlined in this Ssection.
2. Hearing Set; Notice: Upon receipt of a completed application for additional
GRFA, the Ddesign R~°eview Board 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.
I~r~~e~ee,~-s~s f~llews=
~~w~
3~Compliance Required: If the Ddepartment of Ceommunity Da~evelopment 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
with such standards before any such temporary or permanent cert~cate 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 Ddepartment of Ceommunity Ddevelopment.
104
43. 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.
Section 38. Chapter 12-16 is hereby amended as follows:
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 noting 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 to be notified to be used for the mailing of
the notice of hearing. It will be the applicant's amts 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 Ceouncil shall set a 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 Planning and
Eenvironmental Ceommission shall set a date for hearing in accordance with
Ssubsection 12-3-6C, "N~rotice'; of this Ttitle, shall be given, and the hearing
shall be conducted in accordance with Ssubsections 12-3-6C and D of this
Ttitle.
12-16-5: PLANNING AND ENVIRONMENTAL COMMISSIONACTION.•
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
Ceommission shall act on the application. The Ceommission 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 Ceommission 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.
tos
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit
application, the Pplanning and Eenvironmental Ceommission shall consider the
following factors with respect to the proposed use:
6. The Eenvironmental Itmpact R~^eport concerning the proposed use, j` an
Eenvironmental Itmpact Rreport is required by Cehapter 12 of this Ttitle.
B. Necessary Findings: The Pplanning and Eenvironmental Ceommission
shall make the following findings before granting a conditional use permit:
1. That the 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: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below
in consideration of d conditional use permit. These criteria and standards shall
be in addition to the criteria and findings required by Ssecfion 12-16-6 of this
Cehapter.
A. Uses And Criteria:
c. The number, size and location .of vehicles permitted to be stored shall be
determined by the Pplanning and Eenvironmental Ceommission 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 file in the Ttown of Vail Ceommunity
Ddevelopment Ddepartment.
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 Redevelopment Minaster Pplan.
Section 39. Chapter 12-17 is hereby amended as follows:
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 Cehapter 11 of this Ttitle, governing physical
development on a site.
C. Use Regulations Not Affected: The power to 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 Ttitle
is provided by Cehapter 16, "Conditional Use Permits'; and by Ssection 12-3-7,
"Amendment" of this Ttitle.
12-17-2: APPLICATIONINFORMATIONREQUIRED:
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:
106
E. Such additional material as the Aadministrator may prescribe or the
applicant may submit pertinent to the application and to the findings prerequisite
to the issuance of a variance as prescribed in Ssection 12-17-6 of this Cehapter.
12-17-3: FEE:
The Ttown Ceouncil 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 Pplanning and Eenvironmental
Ceommission 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 COMMISSIONACTION.•
Within twenty (20) days of the closing of a public hearing on a variance
application, the Pplanning and Eenvironmental Ceommission shall act on the
application. The Ceommission 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 Ceommission 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
Ceommission may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the
Pplanning and Eenvironmental Ceommission shall consider the following factors
with respect to the requested variance:
B. Necessary Findings: The Pplanning and Eenvironmental Ceommission
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 spec f ed regulation
would result in practical d~culty 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 spec f ed regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district.
Section 40. Chapter 12-18 is hereby amended as follows:
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
~o~
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: STR UCTURE AND SITE IMPRO vEMENT.•
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
# 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 Ceouncil. Prior to granting such
permission, the Ceouncil shall determine that the proposed use does not
substantially d ffer 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 conform with the requirements for setbacks, height,
density control, building bulk control or site coverage is destroyed by fire 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. 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.
Section 41. Section 12-19-2 is hereby amended as follows:
iog
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 Districtspeeiftl
devels~xerrt distr~iet development plan.
Section 42. Section 12-20-3 is hereby amended as follows:
12-20-3: DESIGNATED ON OFFICL4L ZONING MAP:
The zone zg 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. .
Section 43. Section 12-21-3 is hereby amended as follows:
12-21-3: MASTER HAZARD PLANS:
The Town Manager shall formulate and develop Mmaster 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 desirable 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 Mmaster 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 understanding of the relationship between the hazards and
improvements located within said areas. The Mmaster Hhazard Pplans may be
altered from time to time to conform to wtt# new information or existing
conditions.
Section 44. Section 12-21-10 is hereby amended as follows:
12-21-10: DEVELOPMENT RESTRICTED:
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 agai-rat the
possible hazard. If mitigation is required, said information and report should
specify the improvements proposed ~lgerefar~e in the blue avalanche hazard zone.
The required information and reports shall be done in accordance with Chapter
12 of this Title.
Section 45. Section 12-21-14 is hereby amended as follows:
12-21-14: RESTRICTIONS INSPECIFIC ZONES ONEXCESSIVE SLOPES:
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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 (I00) 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 #i~llsifle
gone Ddistrict where the average slope of the site
beneath the existing or proposed structure and parking area is in excess of thirty
percent (30%):
I. The Aadministrator may require an Eenvironmental I#mpact R~^eport as
provided in Ssection 12-12-2 of this Tfitle.
K. Setbacks, as they apply to this Cehapter, as required by Ssections 12-6A-
6, 12-6B-6, 12-6C-6 and 12-6D-6 of this Ttitle, are amended as follows:.there
shall be no required front setback for garages, except as may be required by the
Ddesign R~°eview Bhoard. Garages located in the front setback, as provided for
in this Ssection, shall be limited to one story in height (not to exceed 10 feet) with
the addition of a pitched or flat roof and subject to review and approval by the
Ddesign R~°eview Bhoard.
L. Retaining walls up to six feet (6) in .height may be permitted in the.
setback by the Ds~esign Rreview Bhoard when associated with a permitted
garage as referenced in Ssubsection K of this Ssection..
Section 46. Section 12-21-15 is hereby amended as follows:
12-21-1 S: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS.•
B. 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 sufficient thoroughness and accuracy to
allow such expert to certify to the following:
a. For all structures other than single family and two famil ,
~» dwellings, and "accessory uses" thereto as defined in Section
12-6C-4 of this Code:
b. For single family and two famil , dwellings,
and "accessory uses" thereto as defined in Section 12-6C-4 of this Title, the site-
specificgeologic investigation shall cert~ to the following:
Rio
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:
I. For all structures other than single family and two famil ,
~~r~;~s!a-ry~eeert~ry dwellings, and "accessory uses" thereto as defined in Section
12-6C-4 of this Title.
2. For single family and two famil , dwellings,
and "accessory uses" thereto as defined in Section 12-6C-4 of this Title:
F. Notice Requirements 4. All owners, lesrars lessees or agents who rent,
lease Or sublet 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 lease or sublease will extend
into the period of April 1 through July 1 of any year.
Section 47. Section 12-22-2 is hereby amended as follows:
12-22-2: DEFINITIONS
STRUCTURE: For the purposes of this Chapter, aAnything 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.
Section 48. Section 12-22-5 is hereby amended as follows:
12-22-5: AMENDMENTS: .
An amendment of the regulations of this Cehapter, 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 Ceouncil on its own
motion, by the Pplanning and Eenvironmental Ceommission on its own motion,
or by application of any resident or property owner in the Ttown, or by the
Aadministrator or his/her designee.
A. Application Information For Amendments: An application for the
amendment of the provisions of this Cehapter 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
Coommunity Ddevelopment 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 approve .an
amendment to this Chapter 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
Yail Land Use Plan, Town policies, and U#rban Ddesign Gguide Pplans and
other adopted master plans, and meets all of the following criteria:
Section 49. Section 12-22-6 is hereby amended as follows:
iii
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 or his/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 Yail Land Use Plan, Town policies, U~trban Ddesign Gguide
Pplans, and other adapted master plans. '
Section 50. Section 12-22-7 is hereby amended as follows: ,
12-22-7: NONCONFORMING STRUCTURES:
D. Restoration: Whenever a nonconforming structure which does not conform to
wt-t# the provisions of this Chapter is destroyed by fire 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.
Section 51. Section 13-2-2 is hereby amended as follows:
13-2-2: DEFINITIONS.•
When used in this Ttitle, the following words and phrases shall have the specific
meanings as defined in this Cehapter:
ACCEPTED, ROADS AND STREETS.• When used in regard to roads and streets,
shall mean written acceptance of the road or street by the Ttown Eengineer as
per the design standards (Cehapter 10 of this Ttitle).
ADMINISTRATOR: The Aadministrator of the Ddepartment of Ceommunity
Ddevelopment or his/her designee.
AS-BUILT PLAN: The final development plan that reflects the constructed
subdivision.
BI%E PATH: A corridor for use by bicycles and pedestrians, prohibited for use
by motorized vehicles.
BUILDING CONNECTIONSEWER: Asewer 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 to a building connection.
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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.
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
DAYS: Consecutive calendar days, unless otherwise specified
DECLARATION: An instrument recorded pursuant to the statutes of the State
and w/:ich defines the character, 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.
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 Toown.
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
EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at least one
person who is an employee in Eagle County.
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ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of
proposed development or action on the environment, as further regulated by
Chapter 12-12, Environmental Impact Reports.
FINAL APPROVAL: Approval by the Pplanning and Eenvironmental
Ceommission of the final plat or approval of the council if appealed. Planning
and Eenvironmental Ceommission final approval does not take place until eleven
(11) days after the Pplanning and Eenvironmental Ceommission decision on the
final plat, if the Ceouncil does not appeal.
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
Councih
PLANS: The drawings, profiles, cross sections, working drawings, and
supplemental d~•awings, or reproductions thereof, approved by the Town
Engineer or Building Official, which'show the location, character, dimensions,
or details of the worl~ _
PRELIMINARYPLAN.• The preliminary drawings described in these regulations
indicating the proposed manner or layout of the subdivision to be submitted to
the Pplanning and Eenvironmental Ceommission for approval.
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 to 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.
SOIL STABILITY ANALYSIS: A study conducted to determine the status of
the soil on a property.
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SPECIAL PROVISIONS: Any written provisions which supplement or modify
these specifications.
SPECIFICATIONS: Standard specifications, reference 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 for the reception
and transfer of storm water.
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 Toown of Yail as a legally subdivided lot, and which shall
contain a single family or two family ~'~ dwelling
ups. Each such dwelling unit shall be separated from any other dwelling snit by
space on all sides. For zoning purposes, the lots created by a single family
subdivision shall be treated as one lot.
SUPERINTENDENT: Tl:e executive representative for tl:e 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 oJColorado.
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
WORg: 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
Section 52. Section 13-3-3 is hereby amended as follows:
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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 Eenvironmental Iimpact Rreport required.
Section 53. Section 13-3-4 is hereby amended as follows:
13-3-4: 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 the 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. n~~rri~rtg-a~sd
A. Before recommending approval, approval with conditions or disapproval of
the Preliminary Plan, the Planning and Environmental Commission shall
consider the following criteria with respect to the proposed subdivision:
(I) 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 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, Title 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
116
(4) The extent of the effects on the future development of the surrounding
area; and
(S) The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery ofpublic
services, or require duplication or premature extension of public facilities, or
result in a "leapfrog"pattern of development; and
(6) The exte~:t 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 subdivision.
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:
(I) That the subdivision is in compliance with the criteria listed in Subsection
13-3-4A of this Title.
(2) Tl:at 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 adjacent uses and
appropriate for the surrounding areas; and
(4) That the subdivision promotes the health, safety, morals, and general
welfare of t/ie 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. .
Section 54. Section 13-3-6 is hereby amended as follows:
13-3-6: FINAL PLAT:
B. Requirements And Procedure:
1. Copies Required: The subdivider shall submit eight (8) copies of the final plat,
two (2) or more of which shall be mylars, twelve (12) copies of the final
Eenvironmental Iimpact Report and any additional material as required by
Suubsection B3 herein. The final plat shall sub°stantially conform to the
preliminary plan and shall include changes as required after consideration on a
iii
preliminary basis by the Planning and Environmental Commission. If 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 Iimpact Report if required by the
Zoning Ordinance.
Section 55. Section 13-3-10 is hereby amended as follows:
13=3-10: TOWN COUNCIL RIGHT TO APPEAL:
Within twenty (20) den-(I8~ 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 twenty (20) ten-{~8} 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.
Section 56. Section 13-3-13 is hereby amended as follows:
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 Impact
Report or the final plat and associated material as approved.
Section 57. Section 13-4-1 is hereby amended as follows:
iia
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 Ilmpact Rreport if
required by Title 12, Chapter 12 of this Code.
Section 58. Section 13-4-2 is hereby amended as follows:
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-tiB of this Title, with the
provision that certain of these requirements may be waived by the Administrator and/or the Planning and
Environmental Commission if determined not applicable to the project.
B. PEC Public Hearing:
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
play 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 (1 S) 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 to mutual agreement between the Planning and Environmental
Commission and subdivider. The review shall be based on the criteria and
necessary findings in Section 13-3-4 of this Title.
D. Appeal:
~a~rit~-Within twenty (20) days the decision of the Planning and
Environmental Commission on the ftnal 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 Izearing(s). The Council shall have thirty (30) days
to affirm, reverse, or affirm with modifications the Planning and
119
Environmental Commission decision, and the Council shall conduct the appeal
at a regularly scheduled Council meeting
Section 59. Section 13-6-1 is hereby amended as follows:
13-6-1: PLATAPPROVAL 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: .
1. Per Approved Plan: Administrator will check to 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 hewn-Errg~seer will review the survey data
for compliance with requirements found in Ssubsection 13-6-IB of this Chapter.
B. Plat Submittal Requirements.' The condominium or townhouse plat and
supplementary material shall contain the following: i-ne#~e
(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-half 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
i2o
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 proposed buildings, units, lots,
blocks, and names for all streets.
(S)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 play
(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 tl:e survey and plat, and that the survey was
performed by him/her in accordance with Colorado Revised Statutes Title 38,
Article Sl.
(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 tl:ereon 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 ll of this Title.
(13)Certificate of dedication and ownership as per example in Chapter Il 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.
121
(14)A certificate by the Treasurer of Eagle County as outlined in Section I3-
I1-10 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.
Section 60. Section 13-7-2 is hereby amended as follows:
13-7-2: DEFINTIONS
EMPLOYEE HOUSING UNIT.•
-2 ' ; :'::~ !'~ a~. A dwelling unit occupied by at least one person who is an
employee in Eagle County.
Section 61. Section 13-7-6 is hereby amended as follows:
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 Tfown Bbuilding Oe~cial 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
Ceommission'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 Land Uttse
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
Tfitle. 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 performed:
1. All site work shall be brought up to current Town standards unless a variance
from those standards frem is granted to the applicant by the Pplanning and
122
Eenvironmental Ceommission in accordance with the variance procedures of
Ttitle 12 of this code. The Pplanning and Eenvironmental .Ceommission 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 Osfficial.
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 Cehapter. 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 forms approved by the
Colorado Rreal Eestate Ceommission 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 Ttown an amount equal to one-half
percent (I/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 Ttown 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 Ttown 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 Ttown 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 verb the actual costs expended by the
owner for the permitted capital improvements;
(2) Owner's aff davit verging that the receipts are valid and correct receipts
tendered at the time ofpurchase; and
(3) True and correct copies of any building permit or certificate of occupancy
required to be issued by the Ttown Bbuilding Ddepartment with respect to the
permitted 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 written certification is provided to the
Ttown of both. the applicable requirement and the information required by
Ssubsections D4c(1) through D4c(3) of this Ssection.
S. Permitted Capitallmprovements:
a. The term 'permitted capital improvements" as used in this Ssection shall only
include the following:
123
(1) Improvements or futures erected, installed or attached as permanent,
functional, non-decorative eee~~t-ive 'improvements to real property,
excluding repair, replacement and/or maintenance improvements;
c. All permitted capital improvement items and costs shall be approved by the
T#own staffprior 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 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 T#own 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 (S) 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 T#own 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. Nonqualified 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 T#own), and the highest.bid ~Z#-by a qualified
buyer, for not less than ninety five percent (9S%) of the maximum sales price or
the appraised market value, whichever is less, shall be accepted; if all bids are
below ninety fve 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 T#own, or their respective successors, as applicable, shall have the right
and option to purchase the unit, exercisable within a period of fifteen (I S)
calendar days after receipt of any sales offer submitted to the T#own 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
ftve 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 (1 S) days of acquisition of the unit.
E. Enforcement:
1. In the event that the T#own has reasonable cause to believe. the owner is
violating the provisions of this Ssection, the T#owri, by its authorized
124
representative, may inspect the unit between the hours of eight o'clock (8:00),.
A.M. and feve o'clock (5:00) P.M., Monday through Friday, after providing the
owner with no .less than twenty four (24) hours' written notice.
Z. The Ttown, in the event a violation of this Cehapter is discovered, shall send a
notice of violation to the owner detailing the nature of the violation and allowing
the owner fifteen (1 S) days to cure. Said notice shall state that the owner may
request a hearing before the Vail Tfown Ceouncil within fifteen (1 S) days to
determine the merits of the allegations. If no hearing is requested and the
violation is not cured within the fifteen (1 S) day period, the owner shall be
considered in violation of this Ssection. If a hearing is held before the Vail T#own
Ceouncil, 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 Tfown 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 Tfown 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 Ceode.
S. In the event that the owner fails to cure any breach, the Tfown may resort to
any and all available legal action, including, but not limited to, specific
performance of the requirements of this Ssection or a mandatory injunction
requiring sale of the 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 or 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 Tfown, automatically cease to increase as set forth
in this Ssection, and shall remain fixed until the date of cure of said breach.
Section 62. Section 13-7-7 is hereby amended as follows:
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 T#own to a
condominium, except as provided for the provision of employee housing units.
Employee housing units created pursuant to this Cehapter are subject to the
definitions, requirements and provisions of Ttitle 12, Cehapters 13 and 16 of this
Ceode, as amended.
13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO FEBRUARY 7,
1995:
A. Compliance: Any accommodation unit within the Ttown 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.
Section 63. Section 13-8-1 is hereby amended as follows:
13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS.•
its
B. Submittal Requirements:
2. Plat Submittal Requirements: The duplex subdivision plat shall contain the
following:
a. The fenal 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 dirreensions 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.:411
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 proposed buildings, units, lots,
blocks, and names for all streets.
(S)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 ryas
determined
(9)The proper plat title format for filing a plat in the Town, as outlined in
Section 13-II-1 of this Title.
(10)A certificate by the registered land surveyor as outlined in Chapter Il 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 Sl.
(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
126
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 notecb (See
example in Chapter 11 of this Title.)
(12)Tl:e proper form for filing of the plat with the Eagle County Clerk and
Recorder as per example in Chapter 11 of this Title. .
(I3)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-
II-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 fulb
(l5) 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 play
Section 64. Section 13-8-2 is hereby amended as follows:
13-8-2: CRITERIA AND NECESSARYFINDINGS ~'^D D DV7C77J.
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:
127
(I) 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 play
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 13-8-1B-2 of this Chapter.
Section 65. Section 13-9-1 is hereby amended as follows:
13-9-1: Approval and Submittal Requirements:
B. 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 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.
(4)A systematic identification of all existing and proposed buildings, units, lots,
blocks, and names for all streets.
(S)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.
i2a
(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.
(IO)A certificate by the registered land surveyor as outlined in Chapter lI 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 Sl.
(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)Tlte 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 II 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:
. 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 tl:e 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 play
Section 66. Section 13-9-3 is hereby amended as follows:
13-9-3: CRITERIA AND NECESSARYFINDINGS ~'^D D~"'~,~'•
129
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:
(1) Compliance with all requirements of Title l2, 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 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 13-8-1B-2 of this Chapter.
Section 67. Section 13-10-10 is hereby amended as follows:
13-10-10: CONSTRUCTIONMATERIALS:
B. Concrete:
7. Strength Required: All concrete shall have a specified compressive strength of
four thousand (4, 000) psi and shall be determined by ACI standard 318-71,
Ssections 4.3.3 and 4.3.4. In non frost ~senfrest areas, lower fc' values may be
used in conformity with local practice and performance. For design charts using
lower fc' values, contact ACPA.
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 ~~~~
. placement and three inches (3') for vibrated placement.
Section 68. Section 13-10-11 is hereby amended as follows:
13-10-I1: CONSTRUCTIONMETHODS:
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~rl~s~e, 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, the necessary portions of the sub-base subbase,
. 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 a has been so removed shall be backfilled with
concrete.
130
Section 69. Section 13-10-12 is hereby amended as follows:
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 to 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
u~nea»~aeta~le, the material shall be removed and replaced in accordance with
Ssubsection 3-10-11E of this Chapter.
Section 70. Chapter 13-11 is hereby amended as follows:
13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP:
CERTIFICATION OF DEDICATIONAND 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 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
(If individual)
(signature)
131
(type name)
Address
State of (Insert State name)
County of}sss-(Insert county name)
The foregoing Certificate of Dedication and Ownership was acknowledged
before me this day of (insert date here), A.D. X920, by (insert name here).
My commission expires:
Witness my hand and seal.
Notary Public
Address:
13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR
DEED OF TRUST HOLDER:
CERTIFICATION OF DEDICATION FOR MORTGAGE
HOLDER OR DEED OF TRUST HOLDER
KNOW ALL MENBY 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 the easements are established.
Executed this day of (insert date here), A.D. I-920,
Owner: (If corporation)
Corporation name
Address
by (signature)
a
(type individual's name)
Title
(If individual)
(signature)
~-
132
(type name)
Address
State of (Insert State name)
County of}s~-(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.
Notary Public
Address:
13-11-4: SURVEYOR'S CERTIFICATE: .
SURVEYOR'S CERTIFICATE
(For all plats except condominium maps)
I do hereby certify that I 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 I have set my hand and seal this day of (insert date here),
A.D., f920;
(NAME)
COLORADO LAND
SURVEYOR NO.
(For condominium maps)
I do hereby cert~ that I 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.
133
In witness thereof I have set my hand and seal this day of (insert date here), A.D.
I-920; COLORADO LAND SURVEYOR NO. (Name)
13-11-5: TITLE CERTIFICATE:
TITLE CERTIFICATE
(Name of title company) does hereby cert~ 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. X920,
Title Company or Attorney's Name Address
By (Signature)
(printed name and title of officer or attorney)
13-11-6: CLERKAND 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. 1-920___, 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
Deputy
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., f920,, 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 the public until
construction of improvements thereon shall have been completed in 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, subsurface geology, ground
water conditions, or flooding conditions of any lot shown hereon are such that a
buildingpermit 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.
134
ATTEST.•
Town Clerk
Town of Vail,
Colorado
Mayor
Town Council
Town of Vail, Colorado
13-11-8: PLANMNG AND ENVIRONMENTAL COMMISSION CERTIFICATE:
PLANNING AND ENVIRONMENTAL COMMISSION
CERTIFICATE
This final plat 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, Environmental 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. X920,
ATTEST.•
Town Clerk Administrator
Town of Vail Town of Vail
13-11-10: CERTIFICATE OF TAXES PAID:
CERTIFICATE OF TAXES PAID
I, 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
Section 71. Section 13-11 shall be enacted as follows:
135
13-11-11: CERTIFICATE OF OWNERSHIP:
CERTIFICATION OF OWNERSHIP
g1VOW 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. I920,
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) 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:
Section 72. Section 13-12-1 is hereby amended as follows:
13-12-1: PURPOSE AND INTENT:
136
The purpose of this Cehapter is to establish criteria and an appropriate review
process whereby the Pplanning and Eenvironmental Ceommission may grant
exemptions from the defmition of the term "subdivision" for properties that are
determined to fall outside the purpose, purview and intent of Cehapters 3 and 4
of this Ttitle. This process is intended to allow for the platting of property where
no additional parcels are created and conformance with applicable provisions of
this Ceode has been demonstrated.
Section 73. Section 13-12-2 is hereby amended as follows:
13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS:
"Exemption Plats", as deemed 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 Impact
Rreport if required by Ttitle 12, Cehapter 12 of this Ceode.
Section 74. Section 13-12-3 is hereby.amended as follows:
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 fmal 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 Pplanning and
Eenvironmental Ceommission if determined not applicable td the project.
B. Public Hearing: The Aadministrator will schedule a public hearing
before the Pplanning and Eenvironmental Ceommission and follow notification .
requirements for adjacent property owners and public notice for the hearing as
found in Ssubsection 13-3-6B 1 of this Ttitle.
C. Review And Action On Plat: The Pplanning and Eenvironmental 1
Ceommission 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 Pplanning and'
Eenvironmental Ceommission 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 Pplanning and Eenvironmental Ceommission's
decision by the Ttown Ceouncil, the applicant, or an "aggrieved or adversely
affected person" shall follow the procedures outlined in Ssubsection 13-3-SC of
this Ttitle.
Section 75. Section 13-12-4 is hereby amended as follows:
13-12-4: FILING AND RECORDING:
The Department of Ceommunity Development will record the plat and any
related documents with the Eagle County cleik 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
137
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 Ceommunity Ddevelopment will
retain one mylar copy of the plat for their records. An exemption plat may not be
recorded until applicable appeals periods have expired in accordance with the
provisions of Sgubsection 13-3-SC of this Ttitle.
Section 76. Section 13-13-3 is hereby amended as follows:
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;
Section 77. Section 13-13-4 is hereby amended as follows:
13-13-4: FILING AND RECORDING:
The Department of Ceommunity Development 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 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-SC of this Ttitle.
Section 78. Chapter 14-1 is hereby amended as follows:
14-1-1: PURPOSE AND INTENT:
138
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 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 Bhuilding 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 Mmanager, or Ttown Mmanager'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 Ceouncil and shall
exist as a supplement to this Ceode as a "handbook" of Ddevelopment
Sstandards. Any amendments to the Ddevelopment Sstandards shall require
adoption by Ttown Ceouncil prior to their enforcement. A copy of the approved
Ddevelopment Sstandards shall be filed with the Ttown Celerk's office.
Where no specific or applicable rules, regulations, or standards appear to be set
forth in this Ceode, 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
Ttown for guidance.
14-1-4: NONCONFORMITIES:
Nonconforming sites and site improvements lawfully established prior to the
effective date of adoption of the Ddevelopment Sstandards may continue, subject
to the limitations prescribed by Ttitle 12, Cehapter 18 of this Ceode. 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 Ddevelopment 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 Regulationseede,
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
139
intent of the Ddevelopment Sgtandards exist. Variances from the Ddevelopment
Sstandards shall be in accordance with Ttitle 12, Cehapter 17 of this Ceode. 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 Sttdards shall be
in accordance with Ttitle 12, Cehapter 3 of this Ceode.
14-1-7: ADOPTION:
"Town of Vail Development Standards Handbook", was adopted by Ttown
Ceouncil on September 21, 1999, as amended.
Section 79. Chapter 14-2 is hereby amended as follows:
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 producing
mechanisms 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 fried reference point
Valet, parking: A service provided with or without a fee where vehicle is
dropped at a designated location and an employee drives said vehicle to a
parking space..
Wetlands: As determined by the Army Corps of Engineers or qualifed
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.
Section 80 Chapter 14-6 is hereby amended as follows:
140
Retaining Walls (General)
All retaining walls are reviewed by the Design Review Board or the
Administrator q~ew~~aff'to determine compatibility to the existing topography
and the materials in use. Retaining walls shall not exceed a height of six (6)
feet. Within 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-way are exempt from these height limits.
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 f
except in the right-of--way,
shall require a P.E. Stamp.
cur (4) feet in height shall require a P.E. Stamp
where retaining walls over three (3) feet in height
9-f~ ~
ff=~' ~s
FRB ~
9 3'
~=H'
$'-+
i~
9-3 '
° I ~'
., ~,..., a .,.
Boulder Retaining Walls
Boulder retaining walls shall comply with n~.:~~-m--;-==_' all the standards of
retaining walls (general). The height listed for retaining walls is the exposed
height of either a single or combined height of combination walls. If 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 cEombination walls if
the upper wall falls within a prism defined 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. Stamp.
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
141
and Lionshead Redevelopment Master Plan, construction fence shall be sig
(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.
Section 81. Article 14-lOC is hereby amended as follows:
14-IOC. 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 (S) of ground level may project not more than ten feet
(10) nor more than one-half (1/~ the minimum required dimension into a
required setback area, or may project not more than five feet (S) nor more
than one fourth (1/4) 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.
Section 82. Article 14-10E is hereby amended as follows:
14-10. Design Review Standards and Guidelines.
E. Residential Development:
1. The purpose of this Section is to ensure that a~~e~le~-~sd
glory 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. Unif ed 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.
3, Residential development may be
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.
Section 83. Article 14-lOF is hereby amended as follows:
142
F. Outdoor Lighting:
9. ~=ret~~eney 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 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 fxture
to the finish grade below, and are either full-cutoff fixtures, as defined in
Chapter 14-2 Seefien ' °~-~,~,'-, 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.
Section 84. 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 85. The Town Council hereby fmds; 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 86. 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 virt~le of the provision amended. The amendment of any provision hereby shall not revive
any provision or any ordinance previously repealed or superseded unless expressly stated herein.
Section 87. 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:
143
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20'~ day of December, 2005 and a public
hearing for second reading of this Ordinance set for the 3rd day of January, 2006, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 3rd day of January, 2006.
J Rodney E. Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
t
144
ORDINANCE N0.32
SERIES OF 2005
AN ORDINANCE AMENDING SECTION 5-3-2, PUBLIC HEALTH AND SAFETY, VAIL TOWN
CODE, AND SETTING FOR DETAILS IN REGARD THERETO.
WHEREAS, the air pollution regulations of Section 5-3-2, definitions, Vail Town Code,
defines a solid fuel burning device as: Any fireplace, stove, firebox or device intended and/or used
for the purpose of burning wood, pulp, paper or other non-liquid ornon-gaseous fuel; and,
WHEREAS, the definition of a solid fuel burning device prevents licensed retail food
establishments from installing wood burning cook stoves and/or food smoking devices unless the
device is certified by the EPA and by the Air Pollution Control Division of the Colorado Department
of Public Health and Environment to produce seven and five-tenths (7.5) grams of particulates per
hour or less; and,
WHEREAS, no wood burning cook stove manufacturer has an EPA and/or Colorado
Department of Public Health and Environment certified device causing a conflict for licensed Town
of Vail retail food establishments desiring to smoke food products on site; and,
WHEREAS, said conflict creates difficulties and undue hardships for Vail food
establishments who rely on smoking food as part of their food processing operations and retail food
sales; and,
WHEREAS, other Colorado jurisdictions either exempt wood burning cook stoves in licensed
food establishments or simply do not regulate cook stoves or smokers other than an appliance that
must be installed according to the mechanical code and fire department regulations; and,
WHEREAS, a licensed Town of Vail retail food establishment installed a wood burning BBQ
smoking device approximately 18 years ago prior to the passage of the air pollution regulation which
has not been the source of any air quality or odor complaints of record; and
WHEREAS, the Town of Vail environmental health department finds that the installation of
cook stoves and/or smoking devices; in a portion of Vail food. establishments will not adversely effect
the air quality, health, safety and general welfare of the Town; and
Ordinance No. 32, Series of 2005 1
WHEREAS, the Vail Town Council finds that a text amendment exempting cook stoves from
the Town Code definition of a-solid fuel burning device promotes the success offood establishments
without compromising air quality in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section.l.. Section 5-3-2 of Chapter 5 Public Health and-Safety, Vail l"own-Code,
defines a solid fuel burning device as follows:
SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox or device
intended and or used for the purpose of burning wood, pulp, paper, or other
non-liquid or nongaseous fuel.
The applicants propose to add the following language to this definition (added language is
shown in bold type):
Solid fuel burning device does not include cook stoves in licensed
retail food establishments in the Town of Vail.
Section 4. 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 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper in order for licensed retail food establishments who rely on
wood burning cook stoves and/or smokers as a critical component of their food preparation and
cooking,process.
..Section 6.The.amendment of any provision of.the Town Code as provided in this
.,,, ,_
- Ordinance No. 32, Series of 2005 2 -
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. 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 20th day of December, 2005, and a
public hearing for second reading of this Ordinance set for the 3`d day of January 2006, in the
Council Chambers of the. Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day
of , 2006.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
\.
J
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 3, 2006
SUBJECT: A request for a second reading of Ordinance No. 33, Series of 2005, an
ordinance repealing and re-enacting Ordinance No. 12, Series of 2005,
Cascade Village, amending and reestablishing the approved development
plan for Area A of SDD No. 4, in accordance with section 12-9A-10, Vail
Town Code, to allow for the construction of eleven new dwelling units;
and setting forth details in regard thereto.
Applicant: Steve Lindstrom represented by the Mauriello
Planning Group, LLC
Planner: Matt Gennett
I. SUMMARY
The applicant, Village Theatres, Inc., represented by Mauriello Planning Group,
LLC, is asking the Vail Town Council for a second reading of Ordinance No. 33,
Series of 2005.
Pursuant to. the criteria and findings listed in Sections ,VIII and IX of this
memorandum, staff recommends the Town Council approve Ordinance No. 33,
Series of 2005, on second reading.
II. DESCRIPTION OF THE REQUEST
The applicant, Cascade Village Theatres, Inc, represented by Mauriello Planning
Group, LLC„ has requested a final review hearing with the Planning and
Environmental Commission to present a proposed development plan and requesf
for an amendment to Area A of Special Development District (SDD) No. 4 to
develop the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A,
Cascade Village. The proposal includes the development of 11 dwelling units,
with some commercial, retail and office space contemplated as well. A Major
Amendment is required for the additional number of dwelling units, ninety-four
(94) are allowed and eighty-seven (87) are built; however, the proposed Gross
Residential Floor Area (GRFA) is within the allowable GRFA in Area A of SDD
No. 4 and does not require an amendment. Currently, the property houses
classrooms, related educational facilities, and the Cascade Village Theater. A
restaurant and eight two-story residential condominium units are likewise located
within the building today; however, those uses and units will remain and are not
contemplated for redevelopment in association with this application. According
to the applicant, the primary catalyst for redeveloping the educational and theater
spaces of the building was the recent move by Colorado Mountain College to its
new campus in Edwards, Colorado, and the limited economic viability of the
1
theaters in their present location.
The office use proposed for the first floor level is presently not a permitted use on
that level and the major amendment would have to address this issue within the
proposed Approved Development. plan as well.
II1. BACKGROUND
Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted
., by Ordinance No. 5, Series of 1976. At least sixteen subsequent amendments
.....:.:.. occurred from 1977 through the present day. The subject property was a
- .:-~ :: Planned Unit Development under Eagle County Jurisdiction when the property
was annexed in 1975. Special Development District No. 4 includes the following:
Area A Cascade Village
Area B Coldstream Condominiums
Area C Glen Lyon Primary/Secondary and Single Family Lots
Area D Glen Lyon Commercial Site
The entire Cascade Village site is approximately 97.5 acres. The identified
public benefits of the Special Development District are:
Creation of a "third village" and development of significant bed base has
improved Vail's summer marketing potential, bike path and stream tract
open to public, employee housing, CMC facility.
Because the property was annexed into the Town of Vail as a Planned Unit
Development under Eagle County jurisdiction and early Special Development
Districts were not based on an underlying zoning, there is no underlying zoning
for Cascade Village. The uses and development standards for the entire
property are as outlined in the adopting ordinance for Special Development
District No. 4.
The construction of the Colorado Mountain Condominiums, commonly referred to
as "the CMC building", was completed by 1979. The structure was constructed
with observed setbacks essentially comprised of "build-to" lines and with distinct
property lines for the CMC building itself as shown on the plat entitled
Condominium Map of Colorado Mountain Condominiums.
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:
Action: The PEC is advisory to the Town Council.
2
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.
V.
VI.
Design Review Board:
Action.• 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.
APPLICABLE PLANNING DOCUMENTS
Article 12-9A: Special Development (SDD) District (in part)
72-9A-1: PURPOSE:
The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promofe 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
SITE ANALYSIS
Legal Description
Address:
Lot Size:
Zoning:
Land Use Plan Designation
Current Land Use:
Cascade Village (CMC Building, specifically)
1310 Westhaven Drive
.67 acres (29,495 sq ft)
Special Development District No. 4 (no underlying
zone district)
Resort Accommodations and Services
Mixed Use Residential and Resort /Spa
3
Development Standa_ rd Allowed Existin4 Proposed
Lot Area: N/A 29,495 sq ft no change
Buildable Area: 29,495 sq ft no change
Setbacks:
Front: N/A 12' no change
Sides: N/A 7' (N)/0' (S) no change
Rear: N/A 14' no change
Building Height: N/A 55' no change
Density (Area A): N/A 5.2 DU per acre 5.4 DU per acre
GRFA: N/A NIA 32,000 sq ft
Site~Co.verage: N/A 50% (14,980sgft) no change
.Landscape Area: N/A 50% no change
Parking: 37 spaces 69 spaces 37 spaces
VII. SURROUNDING LAND USES AND ZONING
Land Use Zonin
North: CDOT Right-of-Way Not zoned.
South: Resort Accommodations and Services SDD No. 4
East: Resort Accommodations and Services SDD No. 4
West: Resort Accommodations and Services SDD No. 4
VIII. CRITERIA AND FINDINGS
The following section of this memorandum is included to provide the applicant,
community, staff, and Commission with an .advanced understanding of the
criteria and findings that will be used by the reviewing boards in making a final
decision on the proposed application.
Special Development District
72-9A-8: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in
evaluating the merits of the proposed 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:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
4
scale, bulk, building height, buffer zones,. identity, character, visual
integrity and orientation.
The applicant is proposing an exterior alteration which staff believes will greatly
enhance the visual appeal and complement the architectural aesthetics of
adjacent properties. The design of the exterior is sensitive to the immediate
environment and is compatible with the neighborhood surrounding Area A of
Special Development District No. 4, and its environs. The height, scale, design,
bulk grid mass and of the building will meld into the architectural context of the
Cascade Resort and neighboring residential uses.
B. Uses, activity and density which provide a compatible, efficient--~-andv~~
workable relationship with surrounding uses and activity. ~---•••-
The applicant is not proposing any changes of use that deviate from the
intentions of Special Development District No. 4. The slight increase in density
by (11) eleven dwelling units under this proposal will not have any negative
impact on the functions of the surrounding uses and activities. Considering the
applicant's parking analysis on page 10 of their written submittal (Attachment B),
the parking demand will decrease with the changes in use from Movie Theater
and a private educational institution, to mostly residential with some small office,
retail and educational uses on the first floor of the building. Given the present
functionality of Cascade Village and it not having evolved into a "third Village" as
contemplated in the original adopting ordinance, staff does not see any problem
with locating limited commercial office uses on the first floor of -the building.
C. Compliance with parking and loading requirements as outlined in Chapter
12-10 of the Vail Town Code.
The provisions of SDD No. 4 state off-street parking shall be provided in
accordance with Chapter 12-10, except for 75% of the parking in Area A shall be
located within a parking structure or buildings. The ordinance requires that 421
parking spaces be provided for the uses in Area A in the exisiting Cascade Club
parking structure. A 17.5 percent mixed use credit per the Town of Vail parking
code has been applied to the total number of required parking spaces in the
Cascade structure. The parking table within the approved development plan for
SDD No. 4 includes an allocation of parking spaces to be provided for the uses
constructed on-site. The Colorado Mountain College building (how the entire
building, including the theaters, is described in the ordinance) is parked entirely
within the Cascade Club parking structure according to the following breakdown:
Theater, 28 parking spaces; College Classrooms, 40 parking spaces; College
Office, 4 parking spaces; Theater Meeting Room 2J, 11.5 parking spaces, Sub-
Total, 83.5 parking spaces; Blue Tiger/Clancy's, 13.3 parking spaces (no change
proposed); Cascade Penthouses 16 parking spaces (no change proposed).
Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69
parking spaces are provided within the Cascade Club parking structure for this
building. The proposed uses within the building generate the following parking
need: Eleven .dwelling units, 27.5 parking spaces at 2.5 per unit; Commercial
Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net
increase sq ft retail/office) Total, 43.8.parking spaces.
5
The total less the 17.5% multi-use credit equals 37 parking spaces. In summary,
there is a net reduction in the number of spaces (32 less spaces) required to be
provided within the existing parking structure. Staff agrees there is no additional
parking requirement with the proposed change of use, however, a condition of
approval imposed to ensure there will be adequate parking reserved in the
structure for. the new residential units to access is needed.
D.
All loading and delivery is currently provided within the existing structures. There
is a general reduction on loading and delivery needs based on the proposed
change of use.
Conformity with the applicable elements of the Vail Comprehensive ~ :.'€,~.S;;~ct~?rs~ ~:
Plan, Town policies and Urban Design Plana ~ z.~.,~~~~~.
The goals contained in the Vail Land .Use Plan are to be used as the Town's
policy guidelines during the review process for the establishment of a special
development district. Staff has reviewed the Vail Land Use Plan and believes the.
following policies are relevant to the review of this proposal:
General Growth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance ~ between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident.
1.3 The quality. of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the.additional growth in existing
developed areas (infill).
Staff believes the proposed uses and activities are in compliance with the
policies, goals, and objectives identified in the Vail Land Use Plan.
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 Colorado
Mountain Condominiums development site is not located in any geologically
sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries.
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.
The proposal does not call for any modificati
features or vegetation. Staff believes that the
community would be enhanced 'by the proposed
improvements proposed by the applicants.
ons that would impact, natural
overall aesthetic quality of ,the
exterior changes and physical
6
~~~v°~- G. A circulation system designed for both vehicles and pedestrians ...,..
`?~:~.r ~ addressing on and off-site traffic circulation. .. ,,...,.. .
The applicant is proposing changes that will have a positive impact on vehicle
and pedestrian circulatory patterns. Staff believes this criterion will be met by the
applicant's considering the inclusion of a plan to remove the existing pedestrian
walkway over Westhaven Drive and rebuild it at a height suitable for large trucks
and buses to pass underneath.
H. Functional and aesthetic landscaping and open space in order to optimize ......__>u,.~;.y~~;,k:;:-;;,...,
. and preserve natural features, recreation, views and functions. ~:~~ 4s~~;w~q.
The applicant is not proposing any changes which would have a negative impact
upon the elements of this criterion.
I. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
Staff is not aware of any intention on the applicant's behalf to phase this project,
however, should a phasing plan be proposed, this criterion must and will be met
in full.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 33, Series of 2005, on second reading.
Should the Vail Town Council choose to approve Ordinance No. 33, Series of
2005, on first reading, the Department of Community Development recommends
the Council include the following findings in their motion:
7. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and .policies- .outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. Thaf the amendment does further the general and specific purposes
of the Zoning Regulations; and
3. That the amendment does promote the health, safety, morals, and
general welfare of the Town, and does 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.
X. ATTACHMENTS
A. Ordinance No. 33, Series of 2005
7
Attachment: A
ORDINANCE N0.33
SERIES OF 2005
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 12, SERIES OF 2005,
CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED
DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12-
9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF ELEVEN NEW
DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, Ordinance No. 11, Series of 1999, has become null and void, thereby
necessitating a new approved development plan for the subject property in order.to proceed
through the development review process;
WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance. No.
8, Series of 1985, to amend and re-establish the approved development plan for Area A,
Cascade Village, SDD No. 4; and
WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No: 12,
Series of 2005, to amend and re-establish the Development Plan for Development Area A,
specifically the "CMC Building", to allow for the construction of the proposed Cascade
Residences; and
WHEREAS, the proposed major amendment to the Special Development Disfrict is in
the best interest of the town as it meets the Town's development objectives as identified in the
Vail .Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment
application and has submitted its recommendation of approval to the Vail Town Council; and
Ordinance No. 33, Series of 2005
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to amend and re-establish the Development Plan for Special Development
District No. 4, Cascade Village Development Area A.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
(Amended language indicated in bold italics, deleted is in ^+~~,~e-+~~ lettering.)
Section 1. Purpose of the Ordinance
Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 12, Series
of 2005.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures described in Section 12-9A of the Vail Town Code have. been fulfilled,
and ,the Town Council has received the recommendations of the Planning 8~ Environmental
Commission for an amendment to the Development Plan for Special Development District No. 4,
Area A, Westhaven Condominiums.
Section 3. Special Development District No. 4
Special Development District No. 4 and the development plans for all sites other than the
development plan for the Westhaven Condominiums therefore, hereby remain approved for the
development of Special Development District No. 4 within the Town of Vail, unless they have
2
Ordinance No. 33, Series of 2005
otherwise expired.
:.:1;z:-; . Section 4. Special Development District No. 4, Cascade Village shall read as follows: ~:;.~:~ ~ ~ =~ ==~
-~~~~~:-•. e- Purpose
Special Development District No. 4 is established to ensure comprehensive development
and use of an area in a manner that will be harmonious with the general character of they ~ ~a •
Town, provide adequate open space and recreational amenities, and promote the
objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created~•s•:r:~-:•k
to ensure that the development density will be relatively low and suitable for the area and - • ••
the vicinity in which it is situated, the development is regarded as complementary to the -- ~ ;.•:>r•-~
Town by the Town Council and the Planning & Environmental Commission, and because - =-
there are significant aspects of the Special Development District which cannot be satisfied
through the imposition of standard zoning districts on the area.
Definitions
For the purposes of this chapter, the following definitions shall apply:
A. "Special attraction" shall be defined as a museum, seminar or research center or
performing arts theater or cultural center.
B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a
dwelling unit located in amulti-family dwelling that 'is managed as a short term rental in
which all such units are operated under a single management providing the occupants
thereof customary hotel services and facilities. A short term rental shall be deemed to be
a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square
3
Ordinance No. 33, Series of 2005
feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The
kitchen shall be designed so that it may be locked and separated from the rest of the unit
+~_~=~°~<~~~>= ~ in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or
balconies without passing through another accommodation unit, dwelling unit, or a
transient residential dwelling unit. Should such units be developed as condominiums, they
:.~':,, ,,;,,,~-„ _ shall be restricted as set forth in Section 13-7 Condominiums and Condominium ~ -~
Conversions, Subdivision Regulations. The .unit shall not be used as a permanent
r-~ F~~}~ :~ ~ residence. Fractional fee ownership shall not be allowed to be appiied to transient ~~ • ~ , .:=;r~~: ~ ~¢~~
• ~ ~-~~>,±~ - dwelling units. For the purposes of determining allowable density per acre, transient ~- .. -
residential dwelling units shall be counted as one half of a dwelling unit. The transient
residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per - - - .
each 100 square feet of GRFA with a maximum of 1.0 space per unit.
Established
A. Special Development District No. 4 is established for the development on a parcel
of land comprising 97.955 acres and Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4."
B. The district shall consist .of four separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village A 17.955
Coldstream Condominiums B 4.000
Glen Lyon Primary/Secondary and Single Family Lots C 9.100
Glen Lyon Commercial Site D 1.800
Dedicated Open Space 40.400
4
Ordinance No. 33, Series of 2005
Roads 4.700
TOTAL 97.955
Development Plan--Required--Approval Procedure
Each development area with the exception of Development Areas A and D shall be subject
to a single development plan. Development Area A shall be allowed to have two
development plans for the Cascade Club site as approved by the Town Council. The
Waterford and Cornerstone sites shall be allowed one development plan each.
Development Area D shall be allowed to develop per the approved .phasing plans as
_,.~.
approved by the Town Council. The developer shall have the right to proceed with the
development plans or scenarios as defined in the development statistics section of this
ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the Vail Town
Code.
Permitted Uses
A. Area A. Cascade. Village
1. First floor commercial uses shall be limited to uses listed in Section 12-76-
3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office
and educational uses shall be permitted on the first floor. The "first floor" or "street
level" shall be defined as that floor of the building that is located at grade or street level;
2. -All other floor levels besides first floor, street level may include retail,
theater, restaurant, educational, and office except that no professional or business office
shall be located on street level or first floor, wifh the exception noted above, iZ~~-de€+t~ed
5
Ordinance No. 33, Series of 2005
abeve-}-unless it is clearly accessory to a lodge or educational institution except for an
office space having a maximum square footage of 925 square feet located on the first
floor on the northwest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
Ordinance No. 33, Series of 2005
6
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12=16:of=the
Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Special attraction;
3. Ski lifts;
4. Public ParK and recreational facilities;
5. Major arcades with no frontage on any public way, street, walkway or mall
area.
6. Transportation Business.
7. Temporary Use of the. Tennis Facility for Conferences and Conventions
B. Area B, Coldstream Condominiums
1. ,Public Park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D. Area. D, Glen Lyon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
7
Ordinance No. 33, Series of 2005
Accessory Uses -
_.., A. Area A. Cascade Village
1. Minor arcade.
2. Home occupations, subject to issuance of a home occupation permit in .
accordance with the provisions of Title 12, Zoning Regulations, Town of Vail
Municipal Code.
3. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. ~.
4. Other uses customarily incidental and accessory to permitted or conditional .:,:-_~=r: ~~.;:~~_~:=~
uses, and necessary for the operation thereof.
B. Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Town of Vail
Municipal Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
Other uses customarily incidental and accessory .to permitted or conditional uses,
and necessary for the operation thereof.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Home occupations, subject to .issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Town of Vail
Ordinance No. 33, Series of 2005
8
Municipal Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. -Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof. _..
D. Area D, Glen Lyon Commercial Site
P =+=;o ~k, 1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Town of Vail
.: , z:;:.z~ Municipal Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to-
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
4. Minor arcade.
Location of Business Activity
A. All offices, businesses, and shall be operated and conducted entirely within a
building, except for permitted unenclosed parking or loading areas, and the outdoor.
display of goods.
B. The area to be used for outdoor display must be located directly in front of the
establishment displaying the goods and entirely upon the establishment's own property.
9
Ordinance No. 33, Series of 2005
Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Density--Dwelling Units --~~:---:->; •-
The number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
In Area A, a minimum of three hundred fifty-two (352) accommodation or transient
dwelling units and a maximum of rtir~ety-few ninety-eight (98) dwelling units for a total
density of two hundred seventy (270) dwelling units.
B. Area B, Coldstream Condominiums
Sixty-five (65) dwelling units
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
One-hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Three dwelling units, two of which shall be employee dwelling units as defined
Chapter 12-13, of.the Municipal Code .
Density--Floor Area
A. Area A, Cascade Village
The gross residential floor area (GRFA) for all buildings shall not exceed 289,145
square feet.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 sq. ft.) GRFA.
10
Ordinance No. 33, Series of 2005
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the
Primary/Secondary district of the Town of Vail municipal code.
D. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,698 square feet of commercial area.
B. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
11
Ordinance No. 33, Series of 2005
Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon -~r-w.~;~,:,,;<;~::~:;:.°-:
Commercial Site
CHART 1: Area A Completed Projects
Aus
DUs
GRFA Retail/
Commercial Square
Foot On-Site
Parking Cascade Structure
Parking
MILLRACE I 16 20,000 20 0.00
RiILLRAGE II 14 11,534
' 25 0.00
~ ,;, ;
h11LLFiACE IIII 3 6,450 ,
MILLRACE IV
(COSGRIFF)"' 6 10,450 19 0.00
W ESTIN 148 55,457 0.00 115
Alfredo=s 104 Seats
Cafe 74 Seats
Little Shop 1,250
Pepi Sports 2,491
W & H Smith, Vaurnot 900
CMC BUILDING
Cascade Wing 8 15,870 0.00 16
Clancy=s 1,600 0.00 13.3
~J -2
~.;:.
~.'~.
tip"'
;:k=;
~. lam' '_
12
Ordinance No. 33, Series of 2005
Aus
DUs
GRFA RetaiU
Commercial Square
Foot On-Site
Parking Cascade Structure
Parking
Theater 4,220 28
College Classrooms 0.00 40
College Office 0.00 4
Theater/Meeting Room 2J 1,387 0.00 11.5
~a' ;_
'im";~~ i
x+ z rwa '`1
~~~# .
TERRACE WING
Rooms 120 58,069 0.00 105
Retail 5,856 0.00 20
PLAZA 1
Rooms 20 7,205 0.00 16
.Retail 1,099 0.00 4
PLAZA II
Conference ~ 0.00 35
Retail 925 0.00 3 _
CASCADE CLUB
Retail 300 0.00 1
Bar & Restaurant 252 0.00 3.5
Office in CMC 828 0.00 3
i i i ~ ~ ~
Ordinance No. 33, Series of 2005
13
ycc. Mn k $
.:~ ~. ~~~
LIFTSIDE
(WATERFORD)
Units 27 56
Empfoyee'Uhits 2 1,100 ~ 2
TOTALS 27 47,500 sg
Cascade Club Addition
Wellness Center 4,500 ~ 22,5
Plaza Office" 925 .~
TOTALS 288 AU 76 DU
(includes
2 EHUS) 239,680 24,598 129 449.9
riaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and
office parking requirements.
**'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be
allowed for each enclosed parking space.
14
Ordinance No. 33, Series of 2005
CHART 2: AREA A
REQUIRED PARKING
Parking for Completed Projects per Chart 1 Parking Spaces
in 461.9
Cascade Parking~Structure ~=a~~ ~~~~:5° ~~~r
.Less 17.5% Mixed-Use Credit -80.8
Total Required Parking at Build-Out of Area
A in Cascade Structure 381.1
Existing Parking in Cascade Structure 421.0
Required Parking in Cascade Structure at '
Build-Out of Area A
.With 17.5% mixed-use credit 381.1
Development Plans
.Site specific development plans are approved for Area A and Area D. The development
plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. grid
other developers. The development plans for Area D are comprised of those plans
submitted by the Glen Lyon Office Building, a Colorado Partnership. The following
documents comprise the development plan for the SDD as a whole, Waterford,,
Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen
Lyon Commercial Site and is not all inclusive:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathm,ey, Pratt,
- Schultz.
15
Ordinance No. 33; Series of 2005
3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt,
Schultz.
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey,
Pratt, Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'=3" by Gwathmey,
Pratt, Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey,
Pratt, Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmeyc~c
Pratt, Schultz.
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt,
Schultz.
9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt,
Schultz.
10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6". Gwathmey, Pratt,
Schultz.
11. Waterford, Sheet #2.9,. dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt,
Schultz.
12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt,
Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz.
14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz.
15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz.
16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
19. Waterford, Sheet.#9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
Ordinance No. 33, Series of 2005
16
23. Cascade Club Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden.
26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence,
Steven James Riden.
27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence,
Steven James Riden.
28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building,
Y_w°" Steven James Riden.
i*i=~~v-
29. Millrace III, Sheets #6 and #7, dated 5/6/93; Elevations for Duplex Building,
Steven James Riden.:. -~~>:~~~-
30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden.
31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt,
10/28/91.
- 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt,
10/22/91.
33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, .
10/23/91.
34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson
Associates.
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner,
6/8/87.
37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., revised 11/22/88.
39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94
40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92
41. The Approved Development Plan for Area A, ~~ ~++.,,.~„~, ~~.,h;h;+ n ~ ±~ +h,~._
6r~+ea~~ Westhaven Condominiums, containing the following Sheets:
17
Ordinance No. 33, Series of 2005
:'i.l': ri'c
wg. # itle uthor ate
-1.0 itle Sheet orter Architects 03-15-OS
-1.1 icinity Map orter Architects 1-31-OS
-1.2 RFA Summary orter Architects 3-15-OS
-1.3 Spring Equinox Sun Shading orter Architects 01-31-OS
-1.4 Summer Solstice Sun- Shading orter Architects 01-31-OS
-1.5 all Equinox Sun Shading orter Architects 01-31-OS
-1.6 inter Solstice Sun Shading orter Architects 1-31-OS
-1.7 Site Plan orter Architects 3-15-OS
C001 over Sheet pine Engineering 03-14-OS
0002 rading Plan (West Half) pine Engineering 3-14-OS
003 Grading Plan (East Half) pine Engineering 03-14-OS
0004 Storm Drainage Plan lpine Engineering 3-14-OS
005 Grading and Drainage Details pine Engineering 3-14-OS
0006 tility Plan pine Engineering 3-14-OS
0007 tility Details lpine Engineering 03-14-OS
0008 emolition Plan lpine Engineering 03-14-OS
-1 andscape Plan ennis Anderson Assoc. 03-15-OS
-2 andscape Plan -Cascade Club ennis Anderson Assoc. 03-15-OS
.0 arking Level Plan orter Architects 03-15-OS
.1 first Floor Plan orter Architects 3-15-OS
.2 Second Level Plan orter Architects 3-15-OS
.3 bird Level Plan orter Architects . 3-15-OS
.4 ourth Level Plan orter Architects 3-15-OS
.5 oof Plan orter Architects 03-15-OS
3.1 uilding A Elevations orter Architects 03-15-OS
3.2 uilding B Elevations orter Architects 03-15-OS
4.0 uilding Sections orter Architects 02-14-OS
4.1 uilding Sections orter Architects 02-14-OS
4.2 uilding Sections orter Architects 02-14-OS
Ordinance No. 33, Series of 2005
18
42. Approved Development Plan for Area A, Cascade Residences, containing
the following sheets:
Conceptual Perspective from Westhaven Drive
Conceptual Perspective from Westhaven Drive in photo
View From Hotel Court
Sheet A1.0 -Proposed Site Plan
Sheet A1.1 - Sun/Shadow Plan
Sheets A2.0 - A2.5 -Floor Plans
East Elevation Plan
North Elevation Plan
South Elevation Plan
Conceptual 3-D Model
* A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the Waterford project to allow for compliance with the Uniform Building Code,
Uniform Fire Code and American Disabilities Act. The staff shall review all such
additions to ensure that they are required by such codes.
Area C, Glen Lyon Primary/Secondary and Single Family Lots
1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design
Workshop, Inc., dated 11-9-98
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series. of 1998 for
previous requirements.
Development Standards
The development standards set out herein are approved by the Town Council. These
standards shall be incorporated into the approved development plan pertinent to each
development area to protect the integrity of the development of SDD No. 4. They are minimum
development standards and shall apply unless more restrictive standards are incorporated in
the approved development plan which is adopted by the Town Council. '
19
Ordinance No. 33, Series of 2005
Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each development plan with a
minimum setback on the periphery of the property (Area A) of not less than twenty feet,
with the exception that the setback requirement adjacent to the existing Cascade
parking structure/athletic club building shall be two feet as approved on February 8,
1982, by the Planning and Environmental Commission, and with the exception that the
setback requirement of a portion of the Westhaven Condominiums building, as indicated
on the approved development plans referenced in this ordinance, shall be 14 feet. All
buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford
building shall maintain a minimum 20 foot setback from the north edge of the
recreational path along Gore Creek.
B. Area B, Coldstream Condominiums
Required.setbacks shall be as indicated on the development plan.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
Required setbacks shall be governed by Section 12-6D-7 of the
Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family
Lots 39-1 and 39-2, developmenf shall occur per the approved building envelopes and is
subject to the following:
All future development will be restricted to the area within the building envelopes.
The only development permitted outside the building envelopes shall be
landscaping, driveways (access bridge) and retaining walls associated with
driveway construction. At-grade patios (those within 5' of existing or finished
grade) will be permitted to project beyond the building envelopes not more than
ten feet (10') nor more than one-half (2) the distance between the building
envelope and the property line, or may project not more than five feet (5') nor
more than one-fourth (3) the minimum required dimension between buildings.
D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approved development plans.
20
Ordinance No. 33, Series of 2005
Height
A. For the purposes of SDD No. 4 calculations of height, height shall mean the
distance measured vertically from the existing grade or finished grade (whichever is
more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of a sloping roof unless otherwise specified in approved. development
plan drawings. .
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC Learning Center, ~.
Terrace Wing, Plaza Conference Building and Cascade Parking
Structure/Athletic Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet. - -.
3. Waterford Building: Maximum height of feet as measured from finished
grade to any portion of the roof along the north elevation shall be 55' (South
Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet
along the south and east elevation as measured from finished grade.
4.. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 36 feet.
6. Millrace IV: A maximum of 36 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a maximum height of 48
feet.
C. Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof.
E. .Area D. Glen Lyon Commercial Site
51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area
shall have a height under 32 feet. On the perimeter of the building for Area D, height is
21
Ordinance No. 33, Series of 2005
measured from finished grade up to any point of the roof. On the interior area of any
building, height is measured from existing grade up to the highest point of the roof.
Development plan drawings shall constitute the height allowances for Area D.
Site Coverage
Area A:
Area B
Area C:
Area D:
Landscaping
Not more than 45% of the total site area may be covered by buildings
unless otherwise indicated on the site specific development plans.
No more than 35% of the total site area shall be covered by buildings,
provided, if any portion of the area is developed as an institutional or
educational center, 45% of the area may be covered unless otherwise
indicated on the site specific development plans.
No more than 25% of the total site area shall be covered by buildings, '
unless the more restrictive standards of Chapter 12-21 of the Vail
Municipal Code apply.
No more than 37% of the total site area shall be covered by buildings and
the parking structure.
At least the following percentages of the total development area shall be landscaped as
provided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent
(60%), of the area shall be landscaped unless otherwise indicated on the site specific
development plans.
Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance with Chapter 12-10,
except that 75% of the required parking in Area A shall be located within a
parking structure or buildings with the exception of.Millrace IV, Scenario I, where
66.6% and the Westhaven Condominiums, where 71 % of required parking shall
22
Ordinance No. 33, Series of 2005
be enclosed in a building.
2. There shall be a total of 421 spaces.in the main Cascade Club parking
structure. A 17.5 percent mixed-use credit per the Town of Vail parking code,
has been applied to the total riumber of required parking spaces in the Cascade
structure.
3. .There shall be a total of 58 on-site parking spaces on the Waterford
building site with a minimum of 75% of the required space located below grade.
No mixed use credit shall be applied to this site.
:=a-~~r:=.~~~~-~~-~~, 4. There shall be a minimum of 93 enclosed parking spaces located within
-. the Cornerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot.
5. The third floor of the Cascade parking structure shall not be used to meet
any parking requirements for accommodation units, transient residential dwelling
units, employee dwelling units or dwelling units.
6. Phasing: All required parking for Cornerstone and Waterford shall be
located on their respective sites. All required parking for the Cascade Club
Wellness Center Addition Scenario 1 shall be provided in the Cascade parking
structure.
7. Seventy-five percent of the required parking shall be located within the
main building or buildings and hidden from public view from adjoining properties.
within a landscaped berm for Millrace III.
8. All loading and delivery shall be located within buildings or as approved
in the development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
23
Ordinance No. 33, Series of 2005
Off-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code.
D. Area D, Glen Lyon Commercial Site
1. Once the parking structure is constructed, the parking and access to
Area D shall be managed per the TDA Parking Report, Parking Management
Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking
Analysis Update, dated January 16, 1990, both written by Mr. David Leahy.
2. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
3. The owner of the property and brewery management shall prohibit
semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that shall be allowed to the site shall be vans having a maximum
length of 22 feet.
Recreation Amenities Tax Assessed
The recreational amenities tax due for the development within SDD No. 4 under Chapter
3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in
Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA
in Development Area C; and at a rate not to exceed seventy-five cents per square foot
of floor area in Development Area D; and shall be paid in conjunction with each
construction phase prior to the issuarice of building permits.
Conservation and Pollution Controls
A. The developer's drainage plan shall include a provision for prevention of pollution
from surface runoff.
B: The developer shall include in the building construction, energy and water
conservation controls as general technology exists at the time of construction.
C. The number of fireplaces permitted shall be as set forth in the Town of Vail
Municipal as amended
24
Ordinance No. 33, Series of 2005
D. If fireplaces are provided within the development, they must be heat efficient
through the use of glass enclosures and heat circulating devices as technology~exists at
the time of development.
E. All water features within Development Area A shall have overflow storm drains
per the recommendation of the Environmental Impact Report by Jamar Associates on
Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength::..:<-;,~.~:±
H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. It shall be the brewery owner's responsibility ~to~rnon~itor
inversions.
I. All trash compactors and trash storage areas shall be completely enclosed within
Special Development District 4.
J. Protective measures shall be used during construction to prevent soil erosion
into Gore Creek, particularly when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces.
Additional Amenities and Approval Agreements for Special Development
District No. 4.
A. The developer shall provide or work with the Town to provide adequate private
transportation services to the owners and guests so as to transport them from
the development to the Village Core area and Lionshead area as outlined in the
approved development plan.
B. Area A, Cascade Village
1. The developer of the Westhaven Condominiums building shall construct
a sidewalk that begins at the entrance to the Cascade Club along Westhaven
25
Ordinance No. 33, Series of 2005
Drive and extends to the west in front of the Westhaven building to connect with
the recreational path to Donovan Park, as indicated on the approved
development plans referenced in this ordinance. The walk shall be constructed
when a building permit is requested for the Westhaven Condominiums. The
sidewalk shall be part of the building permit plans. The sidewalk shall be
constructed subsequent to the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy for the Westhaven
Condominiums.
. - . 2. The developer shall provide 100-year floodplain information for the area °~~ ~ •--. ~:~t~a~-:
adjacent to the Waterford and Cornerstone buildings to the Town of Vail ~ . • • •
Community Development Department before building permits are released for
7:~7i?frr~};",,. either project.
3. Cornerstone
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
C. Area D, Glen Lyon Commercial Site.
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Employee Housing
The development of SDD No. 4 will have impacts on available employee housing within
the Upper Eagle Valley area. In order to help meet this additional employee housing
need, the developer(s) of Areas A and D shall provide employee housing. In Area D,
the above referenced employee housing requirement shall be provided on site. For the
Westhaven Condominiums site, the employee housing requirement shall be met as set
forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3
employee dwelling units within the Cornerstone Building and 2 within the Liftside
(Waterford Building). Each employee unit in the Cornerstone Building shall have a
minimum square footage of 600 square feet. There shall be a total of 2 employee
26
Ordinance No. 33, Series of 2005
>~~:~..:,:~,,P=,;~~ dwelling units in the Waterford Building. One shall be a minimum of 300 square feet
and the other a minimum of 800 square feet. The developer of the Westhaven .:.::;~,..:::; .
Condominuims building shall provide 4,400 square feet of employee housing pursuant
to the terms of an agreement reached with the Town of Vail as.described in Condition 3.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan fo'r the East Building. In Area D one employee dwelling -.;-;.~~-,-=~=
unit shall have a minimum GRFA of 795 square feet and the second employee dwelling
:--=~~-~ unit shall have a minimum GRFA of 900 square feet. The GRFA and number of ;~~.;
employee units shall not be counted toward allowable density or GRFA for SDD No. 4.
All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of
the Vail Municipal Code prior to issuance of building permits for the respective project.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing
Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on
each lot. These lots shall not be entitled to the 500 sq. ft. of. additional GRFA. The 500
sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be
entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to
the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is
allowed to remain (no increase in driveway width is required) for all allowed/required
dwelling units and employee housing units on these lots.
Time Requirements
SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town
of Vail Municipal Code, unless such time requirement is amended herein.
Section 5.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for. any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and
27
Ordinance No. 33, Series of 2005
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 6.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided~~in~athis 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 7.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The 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 20th day of December, 2005, and a
public hearing for second reading of this Ordinance set for the 3`~ day of January, 2006, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
28
Ordinance No. 33, Series of 2005
~n~ra~unn,
TAKE-AWAYS FROM COUNCIL RETREAT:
12.16.05
LEGEND
X =UNDERWAY/ON-GOING
0 = DO-ABLE
0 =REVISIT W/COUNCIL; NO RESOURCES; DOES NOT FIT IN CURRENT WORK
PLAN OR CAPABILITY
S =STRATEGIC PLANNING
? =REVISIT W/COUNCIL
1. ENVIRONMENT
• Beetle Kill: X
• Alternative to Diesel buses: X
• Bio-mass solution: X/S
• Partnership required w/entire valley, including electric providers, independent
providers, etc., NWCCOG already participating and investigating: X/S
• Recycling: X/S
• Encourage "greener" buildings, although not necessarily to a LEEDS standard: 0
• Solar power -expedite process: ?
• Micro-hydro: ?
• Revisit heating of Meadow Drive: ?
• Magnesium Chloride/Update from Greg Hall on use/implications: S
2. FORGE BETTER RELATIONSHIP W/BUSINESS COMMUNITY
• Economic Development Council's role wBusiness Improvement District (BID): X
• BID update:?
• "Straw poll" business license holders along w/registered TOV voters during
regular municipal elections: ?
3. HOUSING
• Timber Ridge re-zoning: X
• Pay-in-lieu: X
•:~ Buy out/buy down program: X
• Inclusionary zoning: S
• Employee housing "on site" requirement for major development projects:. S
°:• What type of housing product: S
• Annexation of Highland Meadows, Elliott Ranch, et al/Update w/associated costs: ?
• Employee generation rate: revisit 30%: S
4. PARKINC/TRANSPORTATION
• $4.3M from VRI: X
• Re-explore pay-in-lieu: 0
• Some neighborhoods "underse-ved" by buses/Update from Greg Hall: S
• Park 'n Rides outside TOV boundaries/Update from ECO: ?
• 1,000 spots required in West LionsHead Village: S
5. PUBLIC FACILITIES
°:~ Establish "true value" of Timber Ridge/could is also accommodate Municipal
Building functions, as well as an Information Booth: ?.
• Pursue fire district consolidation: Consider fall '06 election to determine funding: X
• Municipal Building -where/when: S
6. ASSESS TOWN'S FINANCIAL CONDITION
• Prioritize capital projects: X
• Separate funds for each asset's capital repair: X
• RETT to cover cost increments discussion required: S
7. RECREATION
• Strategic plan/partner wNail Recreation District (VRD) -currently being
discussed: X
• VRD -annual meeting jointly wNRD -currently being discussed: X
• Skate park -budget allocated/no location: X
•'• VRD -new leases on all facilities/holdings/assess condition of each asset -
update: 0, from Matt re: Golf Course lease only/re-do leases as they come up for
renewal or modification
8. CULTURAUSPECIAL EVENTS
• Explore Beaver Creek model where second home owners feel more
.enfranchised/sense of community is stronger: X/S
• Stronger emphasis on sport/participation events: X/S
• Re-address Commission on Special Events (CSE) funding (BID): ?
°:• Copper Mountain event dialogue -Peer resorts update from Suzanne: ?
• Explore broader cultural initiative: S
°:• Cultural tourism: S
°:• Public/private collaboration: S
9. PEER RESORT/COMMUNITY TRIPS: X/S
10. LEADERSFIIP
2
• How do we grow from within this.community/how do we retain qualified
residents: ?
11. REACHING OUT TO INTERNATIONAL HOMEOWMERS & DESTINATION
GUESTS: ?
12. DEVELOP BERM ON SOUTH SIDE VILLAGE TRANSPORTATION CENTER
(VTRC) ACROSS FROM THE AUSTRIA HAUS: QJ
13. INFORMAL SOCIAL SESSIONS/SKI DAY WRHE MAYOR/COUNCIL, INCLUDING
BOTH COMMUNITY AND STAFF: 0
COMMUNITY INPUT
1. Parking for fractional fee units: ?
2. Master plan for the Village/9 Vail Road area: ?
3. Review PA, HDMF building heights: ?
4. Who does the recreation district serve? Recreation for our guests is critical: ?
5. Special events - extend/expand -more recreational-oriented: ?
6. Need an economic development "person," not a committee: ?
7. Vail #1 -this is "all" our responsibility, including businesses, lodging, the town, et al: ?
8. Part-time residents must get involved in a way that makes sense: ?
9. Leadership program through Vail Mountain School: ?
3
TOWN OF VAIL
REVENUE HIGHLIGHTS
December 27, 2005
Sales and Related Taxes
Sales tax for the month of November is expected to be up 14% from November 2004 and
favorable to the original budget by 20%. Year-to-date through November collections estimated at
$13.9 million will be up 6% from the same period last year and up 12% from the original budget.
Collections through November remain higher than any year in the town's history exceeding the
next highest year, 2001, by just 3%. We are on track to meet our 2005 amended budget of $16.1
million.
Conference center sales and lodging taxes for November of $111,769 are up 7% from last year
and up 13% from the original budget. For the year-to-date, total conference center taxes of
$3,161,750 are up 6% from the same period last year and up 15% from original budget.
Construction Permit Fee Revenue
Construction permit fees have reached record levels as a result of major redevelopment projects
with fees of $1,496,588 collected through December 27, 2005. Eight major projects, Arrabelle,
Forest Place, ,Gore Creek Place, One Willow Bridge Road, Sonnenalp Resort (20 Vail Road),
Tivoli, Westhaven Condominiums, and Vail Plaza Hotel account for over $900,000 of the
revenue to date. With just a few days left in the year, it appears we will be somewhat below our
amended budget of $1.6 million for the year. Construction permit fees include building,
electrical, mechanical, plumbing, and sprinkler permits.
Recreational Amenities Fees
The recreational amenities fee is a separate fee charged on all new residential square footage at
the time a building permit is issued. This fee is recorded in the Real Estate Transfer Tax (RETT)
Fund. Redevelopment projects are also having a major impact on this revenue. $370,157 has
been remitted through December 27, 2005 compared with $226,745 for the full year 2004. Five
major projects (Arrabelle, Forest Place, Gore Creek Place, Sonnenalp Resort, and Westhaven
Condos) generated $319,313 of the year-to-date revenue and we have exceeded the full-year 2005
amended budget of $360,000.
Real Estate Transfer Tax (RETT)
RETT collections through December 27 are $62 million compared with $4.9 million for the full
year 2004. Major transactions (over $10 million selling price) in this account include: sale of the
Chateau to the Four Seasons developer; continued sales of Crossroads units to the developer;
sales to the public of Vail Mountain Lodge timeshares; sales to the public at Founders' Park
Garage; sale of the Vail Marriott; sale of Cascade Crossing and the Vail Professional Building;
and sale of the VailGlo Lodge to the LionsHead Inn. We have exceeded our amended 2005
budget of $6.0 million.
060(03 Revenue Highlights - 1 -
NIEIVI®i2ANDI.TIO~I
December 28, 2005
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sally Lorton
Re: November Sales Tax
On the reverse side, please find the latest sales tax worksheet. I estimate I'll
collect another $22,000.00 in November sales tax to bring November collections to
$710,906.00. If so, we will be up 19.77% or $117,339.00 from budget and up 13.99% or
$87,260.00 from November 2004.
Attached please find two worksheets that report on the conference center tax
collection.
iO11th
~ ~
~°
- ~~1994
.
`1995'.
996
997
~
1998
-
1999 ~ Town of Vail
Sales Tax Worksheet
12/28/2005
2000 2001 2002'
003
004
udget
005
Cottecgons
udget
Valence ~
Chengs
/rom
2006
Chen9e
/rom
Budget
January 1 805,707 ~,8[ia 5 r7 ? j,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,225,841 2,118,488 2,275,243 156,755 2.22% 7.40%
February 1,814,495 1,816,107 ..1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,362,825 2,248,865 2,428,914 180,049 2.80% 8.01%
March' 2,250,656 '2;T39298 2,240,865 2,580,992 2,368,077 2,415,202 2,'545,573 2,568,871 2,699,664 2,372,942 2,344,178 2,231,117 2,782,347 551,230 18.69% 24.71%
April 794;668 ;`791,092 966,993 874,427 1,107,334 "952,843 926,771 1,043,431 870,875 871,468 992,157 844,305 915,207 70,902 -7.76% 8.40%
May 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 391,744 458,423 66,679 11.38% 17.02%
June 548,820 .-.590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 696,803 834,567 137,764 13.99% 19.77%
:luly 892,830 893483. .. 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,128,514 1,074,085 1,165,836 91,75.1 3.31°,6 8.54%
August ~ 891;566 '.867125 990,650 .1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 946,482 990,804 44,322 -0.37% 4.68%
September 725;205 645 902' _ 630,453,. 637,831 735,608 .,,.806,600 817,313 747,766 713,574 679,208 757,033 720,521 782,714 62,193 3.39% 8.639'0
October
~,.
. 408,405 461 791 '
.~:
_
~ 413,573..
,. . .472,836 515,531 536,204 547,201 486,570 .484;425 508,092 532,537 506,853 536,421 29,569 0.73% 5.83%
November 594,491 ,,
611,147 601,208 .707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 593,567 688,906 95,339 10.46% 16.06%
Total ~ 11,014,158 1'1.03 , J~~9 11 ~~50,457 12,492,710 12,i 3,55< 12,625,616 13,170,383 13.-i77 lU-i 11.967.334 12 -307,85 13,10-i d„4 12 3/2.3 ~U 13 =0 3 ~;?2 1 1 ~~ ~i52 ~S 7G„ lz ~11 `0
Decomber 1 ~-3? b65 1,994.540 2,069.851 2,254,705 2.070,834 1,8c3,805 2,062265 1,933,940 2,139,317 2.171,058 2.362,095 2.2.79.170
Total _ 13,007,013_13;030 448113,7,19,308 14,747,419 15,030;386 14,509,421 15
_ ,232,568
15,411,044
15,106,801 14,578,983
15,466,979
14,621,000
13,859,382
1,486,552
~.
Onth Town of Vail
Conference Center Lodging Tax 11.5%) Worksheet
12/28/2005
2005 Budget
2003 2004 Budget Col/actions Variance
Change
from
2004
Change
from
Budget
January 258,035 304,140 276,303 308,828 32,525 1.54% 11.77%
February 314,645 354,159 321,744 365,332 43,588 3.15°~ 13.55°k
March 342,984 333,006 302,527 411,599 109,072 23.60% 36.05%
April 64,246 87,147 79,171 70,281 (8,890) -19.35% -11.23%
May 15,964 18,027 16,377 21,370 4,993 18.54% 30.49%
June 54,153 56,662 51,476 67,648 16,172 19.39% 31.42%
July 84,422 94,611 85,951 95,624 9,673 1,07% 11.25%
August 81,820 82,900 75,312 75,379 67 -9.07% 0.09%
September 42,569 48,706 44,248 53,740 9,492 10.34% 21.45%
October 25,131 28,707 26,080 25,310 (770) -11.83% -2.95%
November 29,089 33,037 30,013 32,645 2,632 -1.19°i6 8.77%
Total 1 ,31 3,058 1 ,441 ,102 1 ,309,202 1 , 527,756 218,554 6.01 % 16.69%
December 260,232 289,276 262,798
Total 1,573,290 1,730,378 1,572,000 1,527,756 218,554
,.,
onth
"` Town of Vail-
Conference :Center Retail Tax (.5%) Worksheet
~~ 12%28%2005
2005 Budget
2003:. :,2004 Budget Collections Variance
~
-
_
% Change
from
2004 -
_.
Change
from
Budget
January _ _ 233,274 267,013 `;,_,245;637 271,691 26,054 1.75% 10.61
February 250,236 „ 283,480 `260,830 291,230 30,400 2.73°~ 11.66°.U
,,.
_.'.
March ._
283;013
,
-,;:284,547 ,
,.
'258;952
334,075 ,
75,123
17.41°~6
,
29.01%
~ •;
April ~':
99,694
`. 1 15,624
"109;419
107,053
(2,366)
-7.41 % ,-
_.
-2.16%
May'" 46,376 46,172 45,406 51,578 6,172 11.71°k 13.59%
June ,; - .83,981 83,918 ;:.80,741 97,101 16,360 15.71 % 20.26%
Ju~Y.>..
122,562..,
..130,300 -
,` ,124,6.11
135,692
11,081 ,
4.14%
8.89°k
August 119,843 115,092 ~-109,760 114,583 4,823 -0.44% 4.39%
September 78,107 87,1.26 83,472 91,120 7,648 4.58°,6. 9.16%
October`' 57,330 ; 60;325 '"58,721 60,747 2,026 0.70% . 3.45%
November '67,602 71;641 68,792 79,124 10,332 10.45",~ 15.02%
Total
1,442,018 ,,
1,545.,238
1,446,341 _ , __
1,633,994... _.
187,653
},,;
5.7440
12.97%
December 253,449:_' 276,725 260;659
Total 1';695,467 '~ .1;821,963 .1:707,000 1,633,994 187,653
..
;.
i
~WNOF YAI~
Town Clerk
MEMORANDUM
TO: Vail Town Council
FROM: Lorelei Donaldson, Town Clerk
RE: Notice of Special Meeting -Annual Community Meeting
DATE: December 29, 2005
Pursuant to Section 4.2 of the Vail Town Charter, the Town Manager has
requested an Annual Community (special) Meeting of the Vail Town Council for
the purpose of discussing the current and future state of the town redevelopment
potential, strategic management of construction, and the economic impacts with
community members. The Annual Community meeting will be held on Thursday,
January 12, 2006, from 4:00 P.M. to 6:00 P. M. at the Donovan Park Pavilion,
1600 South Frontage Road West, Vail, Colorado.
cc: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
75 South Frontage Road . Uail, Colorado 81657.970-479-2136/FAX 970-479 2320 . www.vailgov.com
RECYCLED PAPER
~nw~aeunic
N®VEMBER 2005
VAIL BUSINESS REVIEW
December 29, 2005
Overall November sales tax increased 10.4% with Retail increasing 11.5%, Lodging decreased 1.9%,
Food and Beverage increased 5.3% and Utilities/Other (which is mainly utilities but also includes
taxable services and rentals) increased 21.0%.
Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet
at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed
to you automatically from www.vail o~ v.com.
Please remember when reading the Vail Business Review that it is produced from sales tax collections, as
opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125.
Sincerely,
t~.~L.~
Sally Lorton
Sales Tax Administrator
November 2005 SALES TAX
VAIL VILLAGE
Retai I
Lodging
Food &
Beverage
Other
Total
November
2004
Collections
90,920
35,495
71,822
2,138
200,375
83,258 15.9%
1,847 -13.6%
221,090 10.3%
LI®NSHEAD
November November November
2004 2005
Collections Collections Change
Retail 359494 35,068 -1 e2%
Lodging 30,432 27,758 -8.8%
Food &
Beverage 29,916 23,506 -21.4%
Other ~, 4,776 3 816 -20.1
Total 100,618
!_ __
90,148 -10.4%
__
November November
2005
Collections Change
99,101 9.0%
36,884 3.9%
Nloec~~l~~rr~OOo~~~1L~C~~ ~~~
~~sc~~~ ~r~~~~~~~,~~ ~~~u~~~~s~~~~,~~~ v~~~
~®®4 ~®®~
~~~~~
f~®®~I ~
O~O~~o°
®IL~
1~~~~~(~l[~®1W~ l~i(~~~~(t:IL~~UII~ ~UU~IUU ~
~ii 9"~.'~Ld`ji ~~y~~`~ o~l emu, ~/A
l --
~~~ Olr ~~VV llV
~~~~00
~®~~J~OII(~J
f~®®~l ~
~~~~~~~~
Other
~®~al~
®tl~I1011LW~i0 U~®tl'~0110LW~11 0V®@/~i 110011d~i 11
Vv ®~~~LLn IL~®1111 ~®~~~~lo lL~®II II .71 ~110~11U U.~~....
C~,,, J
~9
`~ ~ ~ l`~ 9 ~q ~ ~!J
~~,, ~~ ~
~`,~j~3;Jt~~l~, ~~,a ~ °/a
November 2005 SALES TAX
TOTAL
Retail
Lodging
Food &
Beverage
Utilities &
Other
Total
November
2004
Collections
259,941
88,815
135,362
140,852
624,970
November
2005
Collections
289,755
87,148
142,560
170,468
689,932
November
Change
11.5%
-1.9%
5.3%
21.0%
10.4%
RETAIL SUMMARY
November
2004
Collections November
2005
Collections November
%
Change
FOOD 70,989 71,176 .3%
LIQUOR 16,037 17,767 10.8%
APPAREL 24,659 24,155 -2.0%
SPORT 74,904 86,932 16.1%
JEWELRY 7,399 8,790 18.8%
GIFT 5,537 3,825 -30.9%
GALLERY 2,039 1,191 -41.6%
OTHER 56,573 75,435 33.3%
HOME 1,804 485 -73.1%
OCCUPATION
TOTAL 259,941 289,756 11.5%
~-
DAVID W. BOBBINS
ROBERT P. HILL
DENMS M. MONTGOMERY
RONALD L. WILCOX
JOHN K EVANS
MARK I.WAGNER
JOHN F. WALSH
JENNIFER K HUNT
LAURA 1. BOTTARO
or couasei.
AVI S. ROCKLIIJ
HILL & BOBBINS, P.C.
ATTORNEYS AT LAW
100 BLAKE STREET BUILDING TELEPHONE
1441 EIGHTEENTH STREET 303 296-8100
DENVER, COLORADO 80202-1256
FAX
303 296-2388
EMAIL
web maskrQktillandrobbins. com
WEBSITE
www, hillandrobbins.wm
June 15, 2005
VIA U.S. MAIL AND E-MAIL
Senator Jack Taylor
F.O. Box 5656
Steamboat Springs, CO 80477
Dear Senator Taylor:
At your request I~have revised the comments I sent to Represeritative.Hoppe1ast March
in which I discussed my views on the need to place additional constraints •on Recreati.onal~In~
channel Diversions. In doing so, I am not writing on behalf of any client but rather as an
individual. As you know, I have.been iritei•ested in the isslies.siirrounding the use of water for
instream purposes for thirty years. Starting in 1975, as an Assistant Attorney General, I handled
the proceedings to defend the constitutionality ofColorado's first instream flow law -from filing
the application for the water right through presenting the successful.argument of the case before
the Colorado Supreme Court. ~•
The issue ofnon-consumptive instream water
'our mator nvers are the subject of interstate eompa
ri,turlp.Llotl that uwr state ~s Cnt,ttlcd to i-nak istrc~
control large amounts of flow, create the n k tlh~at-tl
m act,entltlements will be impaired or that'portiori;
eking additional consumptive uses In the tore. t ,
is is an important one to Colorado. AlI
hat limit t e total amount of '•
use some
uiarl.y ones that seek•
a rive' basin are prevented.frotn
u --- ----- ...., ~.,...,.ai
_ ssem y Insure t at there are adequate limitations on these tytbes of water rights so that future
eneratlons are free to make decisions. about what consumptive uses are ap ropriate and
necessary to fully utilize oIU' compact entitlements.,. That is not'to say that having flows protected
for environmental protection or recreational uses is a bad thingl rather, it is tQ say that they
should be subject to limits. and coriditioils imposed by the~L`egi$lature.
Forturiafely, the ;Colorado S~upreine Cotirf has recogriiz~`d'the=uriigii~e nature of these types
of water rights= first in the'instream flow law a cal that I`h
pP aiijdl~ed for the State twenty-five
years ago and very recently in the Upper Guruuson decision. I believe that the Court has made it
clear that the General Assembly is entitled to impose conditions that the water courts must utilize
Senator Jack Taylor
June 15, 2005
Page 2
in considering applications for these types of water rights, and I believe that additional
conditions or limitations ~ori water rights for recreational in-channel uses are appropriate. For
example, it is appropriate to require specific types of structures in order to effectuate the
diversion or control of a recreational in-channel water right. It is also appropriate to limit the
maximum amount of water that can be awarded for a recreational in-channel water right in
addition to providing additional guidance concerning what constitutes the minimum necessary
for recreational use. And, it is appropriate to define what times of the day and year recreational
in-channel uses are considered to be beneficial. Finally, it is appropriate to define exactly what .
types of uses qualify as appropriate water related in=channel recreation.
Although the legislature was unable to reach agreement on appropriate. conditions for
recreational in-channel water rights in the 2005 Session,: 3 .believe that you should continue to
work toward an acceptable bill to provide additional limitations on the award of recreational in-
;1 water rights in
Colorado's abil;
:ive direction.rat
you for~considei
to
to consume its c
than relying on
my thoughts.
cc: Senator Jim Isgar
Representative Diane Hoppe
Ted Kowalski .
Susan Schneider
Becky Brooks
no such recreational water rights are gray
impact entitlements. This is a matter that
he ad hoc decisions of the various water
via e-mail only
out
Mates fail to agree.
in drought. rules,
Torton takes .over
FJ~ Smith
~CKY MOUNTAIN NEWS
LAS VEC>>•AS -seven Western
ages iaileci to reach agreement
iesday on how to manage the
ighty Colorado River in. of
nit, an impasse that means the
decal government will begin ~_
fits ownPlan May i.
"We've tried to come to a _
~' but tt hams been possible for
.to do that," said LanyAnderson,
rector of the IItah Division of Wa
r•Resources.
Andeison and moxe than 40 other
iter OfQCialS met in Las VeggS ~ a
st-ditch eiYort to meet an APri130
~dline imposed by U:S. Secretary
the Interior (}ate Norton. Norton
anted the states to Dome up ~h
least the rudiments of a fit-
anagement Plan Pot the river and
.two main reservofrs - Lake Pow-
. and Lake Mead.
A keg issue has been the quest
' (%olorado and three other states .
hold more water in Lake Powell
1s year to help it recover from the u
ought.. wale be equitably shared ifshort-
But weeks of talks 1 ~ ~ orwhetherrele~s gom
e IInal meeting 21.i eading ~ to Lake PoweII to Lake Mead should
esd~ felled to be reduced this year
• Online extra: For speaal
reports and ongoing coverage of
Cokuado's water issues, dick on
Toda}~s links at
R~~teNevrs.com.
t~ overseeing water issues ai; tb
U.S. Department ofInteriar.
"We clearly didn't get there. S
we'It begin briefing the tc
morrow and wed continue b IIn
her Thursday and .Friday until she'
PI'eP~'ed to make her decision."
Riding on Norton's droughtmax
agement plan are' potentially histo~
is new legal precedents in Wester
watei-law and millions in'recreatio
dollars end eleCtrlC power 581E
$om C41en Canyon Dam at Lek
Powell and Lake Mead's Hoovf
Dam.
IInder a 1922 compact, Colored
River water is divided equal2,y b.
tween the U,pper_Basin states, Cols
redo, Wyoming, Utt+h and New Mew
co, and the Lower Basin states, Ca]
forma, Nevada and Arizona. Eac
basin Sets 7.5 million acre-feet.
Last December, John goys, con
mLssioner of the II.S. Bureau of Rer
lamation, warned the seven state
they needed to begin resolyin
long-standing digerences to get at
potentially bigger issue: how soxr~
25 million people who depend on tli
Flip to RIVER on 14
••.~wu-wui aecide by the end Of build a federal. drought-manage`
the Week whether to. alter uses mentplanforthe river.
$'0m Lake PoweII, but she plans to `The idea was that the states
spend much of the next two to three would develop some middle ~~~„
years holding Public hearings to said Tom Weimer, assistant secxe`
Purpose of Study
2005 Town of Vail -CSE
Event Intercept Research
Dream.Believe.Pursue
• Give the Town of Vail CSE a
comparative analysis of events
• Determine estimated guest
expenditures at events
• Identify event attendee demographics
Methodology
Random in-person "intercept" interviews were
conducted at eight (8) special events in 2005
Events surveyed
- Vail Film Festival
- Spring Back to Vail
- Teva Mountain Crones
- Vail Arts Festival
- The Graze at Vail
- Got Milk? 3 v 3 Soccer Tournament
- Lacrosse Shootout in Vail
- Ski Classic
Source of Attendees
e9fIG~~~1~~-J
Where event attendees come from is dependent upon the type of event as
evidenced by the percentage of Colorado Overnight guests at regional
participatory events like Soccer and Lacrosse versus festival events like
Film, Spring Back and Teva which have a strong likelihood of attracting
locals.
VISITOR PROFILE
Type of Visitor
,~ - -
.-...~ ~ .r..~o~ ~n...~....p
~' EVENT c.ue
Color~°5ggq~nado vs. Destination Guests
C ' fem.
tae __
yP
4'6 ~`P ~f'FN" ~~ ~ °P `SOP
EVENT
On average, 62°/B of event attendees are from Colorado
Number of Nights Staying
,ar _ _ ....
:~~;~
~~
~ ~ 1' I~ f ~J~---.
~.
' x NUMBER OF NIGHTS STAYING is
The majority of respondents said they were staying 1 - 5 nights.
Type of Overnight Housing
ao. _ ._ _ _ _ __._ _
~~ u
,0
The majority of respondents were staying in paid hotels and condos.
Staying in the Vail Valley
~~ G EVENT cwvlc
On average, 66% of overnight guests aze staying in Vail
# of Nights Staying by Event
,ox - _
° -'
~ o ; - -
~x
Income - by Level
30
ti°
~ ,o
.a,ea ,.aoo~~:v.,.aoao ,aaoaa o...
Note the concentration of incomes in the two categories covering $75,000
to $149,999 /year.
2
Income - by Event
sa. _ . _
~~
~ ~° ~t ~~, ~~~ ~
~.
..r. se.e.. ~_p....a
No[e the concenhation of higher incomes for the Soccer, Lacrosse, Ski
Classic and Arts events.
Average Age per Event
_. _ _ _ _.
~;a - - -
~ ~ ' -!.
~~ -
are EVENT
The average age for events shows an interesting spread which appears
related to the type of event and who it is really for., e.g., Spring Back vs.
Arts
Travel to Vail Just for the Event?
0
_ -
ru.rw. same xn r'^ EVENT L `~Y w su cur.
On average, 62% of people attending events came to Vail just for the event
Age - by Age Group
5 _
~_ , ~-'
~~ ~~ ~~~ ~,~li
a _ ~.
uaeras zsse AGE OF RESPONDENTS ssa asaow.
The primary age groups for attending events appear to be 25-34 and 35-44. e
VISITOR ACTIVITIES
Attended this Event in the Past?
3 ;-
o - - n--
E,
~-
°°
'o .I_ it ,~ ~;~ ~
aKe EVENTS
An average of 41 % said they attended "the evenP' in the past
3
The main "Other Activities" for respondents while al an Event were Physical
activities (70%) and Shopping (61%) [orange and yellow]
Drinks, Dinner, Shopping
~-~
~ - I- -0
- - ~I
ra. r... some e..v '^` '~ EVENTRV u=e... w sw wn.
An indication of positive economic impact was that 76% of attendees
planned to spend money dining, drinking or shopping while at an event
EXPENDITURES
BY VISITORS WHO CAME
JUST FOR THE EVENT
i.e.
"INCREMENTAL BUSINESS"
Other Activities by Type
,oo, __ _ _ ..............._._.. _ _.
~ so«.,
~o i
'ow ~ 9 ~ ~ .~;1~~ E
~~~ o....a ncnwnES s..a~e oe.
The main "Other Activities" for respondents while at an Event were Physical
adivilics (70%) and Shopping (61%)
Positive Feelings about Vail
~~
F@~ _.__..._,
(y rbc __-.. _--- ~ ~ eQ
..
sa~N ~~
ax PERCENT OF RESPONDENTS ~%
Some 95 % of respondents overall rated their Vail experience positive with the
Soccer and Lacrosse events showing the lowest Very Positive scores.
_~°
.so
Average Total $ Spent
', - '-,- -
~.~ T... .~... ,~... ,~ ..rw.
.xma~ a.cx er.:. EVENT ~tie
The average total expenditures per event was $285 versus $241 in 2004.
4
$ Spent on Lodging
e,.e . _ .._ _.
~_;
' I ~ i--"-- - -
ae
`••~ esa EVENT arssic
Nola: A Iuge permntege o(Ski Classic enendees reported IiNe housing expense
Average $ Spent Shopping
- u, i~
~
a - -
• -
.e
w.a.~ - - - - -
_ _~_1
cW.a
o•v
The average expenditure EVENT
on Shopping was $66 in 2005 compared to
S56 In 2004
$ Spent on Food & Beverages
a,N __ _
~„
e,
a
~ a. _
r.uwm ecx c~exe EVENT cwuc
'Note: A luge pereentage of SAi Classic enend«a repnned IiNe F&B expmu,
because it was paid for by umecsw elx ar includd with they creAenfiels
FINANCIAL IMPACT
5
Event Financial Impact
Data Assumptions
Event Attendance
' Promoter est. TOV Funding
Film Festival 2,000 $60,000
Spring Back 45,000 $40,000
Teva 12,000 $65,000
The Graze 3,000 $20,000
Soccer 4,000 $25,000
lacrosse (2,000 $ 8,000
Ar[s Festival 2,500 $15,000
Ski Classic 3,000 $20,000
Event Incremental
Spending Town-Wide
ROI TOV Sales
Tax ROI
Film Festiva] $819,498/
$1,843,871 $13.66/
$30.73 $ 0.61/
$ 1.38
Spring Back $9,790,853/
$33,071,324 $ 244.77/
$826.78 $ 11.01/
$ 37.21
Teva $2,645,370 $ 40.70 $ 1.83
The Graze $161,330 $8.07 $ 0.36
Soccer $580,603 $ 23.22 $ 1.05
Lacrosse $2,553,138 $319.14 $ 14.36
Ski Classic $325,782 $16.29 $ 0.73
Arts Festival $146,243 $ 9.75 $ 0.44
Event Financial Impact Sample
Description Amount
Event Attendance of XYZ Event 4,000
Day Guests (13%) 520
Colorado Overnight Guess (62%) 2,480
Out-of--State Overnight Guest (24%) 960
Expenditure for Day Guests $ 16
Expenditure for Colorado Overnight Guests $ 162
Expenditure for Out-of--State Guests $ 267
Incremental Town of Vail Impact $459,816
CSE Investment $ 25,000
Town-Wide Revenue per $ of CSE investment (ROI) $ 18.39
Sales Tax per $ of CSE Investment (ROI) $ .83
CSE
Return on Investment
Events*
Incremental Spending $17,022,817
Town-Wide ROI $66.45
Sales Tax ROI $2.99
' Based on promotcr attendance
TOWN OF VAIL
EMERGENCY
PREPAREDNESS
UPDATE
t~ Jr1NUARY 3, 2006
TOWN OF VA1I, "
Potential Incidents
I-lighest Likelihood:
Scnc wcnnc~r
Ucl ~i is Flu+v/flr~rnling ~:
1
~ ~
~
VLVenals ,I Ja ~, 1 `
~~~.
~
• I~ires (ern umal uul mJJln u l) R~ ~ ~! = ~
-
• Ilvanl. ru r d clcrsc
Ci
Jd
l .rk + -
t
.
v
ttt.
.ni „~ ~ i
tirnirn .il urlt.yru >,~
• 'I rancportarion acudcnr ..
\I,isc i.rsualrc inudcnr ,. ,,. _ .~ _ ,,,
l7nlirt~.~uticc I:ulnrc
RoaJmav tailum
3 Pronged Plan to Improve
,,
^ Planning ~ r
~' t~
^ Training ',
~~ -
^ I/xercises ~'
~~X ' '~~
~,
~,~,'. ~.3. o ~
~~~ s
HISTORY:
^ TOV Emergency Plan in mid-1980's
^ World Championships 1989 & 1999
^ Incident Command System (ICS) training
^ Sink Hole I-70
. Debrief
^ September 11, 2001
Potential Incidents (cont.)
^ Lower Likelihood:
^ /\ireraEt accident
^ llam Failure
^ I?arthyuakc
^ 'f'errorrsmJWcapon of
mass destruction
^ Computer Virus
^ Work Place Violatec
^ I~pidemic
`~-- ~
' ti', ~ _
~ ~~ $~ ~ .~ ,yi
~,;~ y~ S
•C - ~ ~,
i. ~'-'~
Planning
^ Council resolution adopting National Incident
Management System (NIAIS)
^ NI1~ZS requires use of the Incident Command
System (ICS)
^ TOV Emergency Operations Plan (Alay 2005)
^ r1ll Risk planting
^ Town Emergency Operations Center (EOC)
^ Prunazy Deparhnent Incident I~ssignments
1
PRIMARY DEPARTMENT
ASSIGNMENTS
Sr rcr ~rc,uhcl - PubLc \\lnks • Urilirr suua r lilyr PuLLc
• Ucb is llme/tL uxl ny-Publle \Porks
\vurks e RoaJwac Eululc- Puhlic
. ..\I;ucri,lk al J~ Pr 61 c \\'ur6. \C'urks
Puns (snvrnual ;uul wilJl:uul) -
• • :\ircrafr acciJcnr - Piro
Piro • Uam t:ulwn - PnLcc
• I IaaarJuus marcrl,Js nlc;lsc • I..:urhyua6c Poe
Fire • 'I uurnvn/\Vcapun ut mass
f. ~ d Jinn Ib un<. - PGLcc dunllcr on PoLcc
• tirmaural odl,gxc -fire • Computer \Inu - Inhrnnanan
I'r;mspnmltum a~nJan
• Scn~ia's
(rnaJa,aT'/Errs) I Ire • \C'nrl, place. vuduse PuLa.c
\LL~s elxualrp innduv - Pirc • IipiJcmle - I:\IS/Public
I leJth
Emergency Operations Plan
Contents:
I Agll :\urhorirics
• Purpusi~., Gr,:lls ~ Uhjcaivcs
• Pnrcnri;J InciJcnn
• lanergencp:\hanagcmcnr Guidelines
Concept of Upcnvinns
• Rules ;uul licsponsibilirics
• LTCidcnr Cumm:mJ Spsrem/Gnrergenq' Operations Center
• bttcrgorcrnmcn rd :\yrccmm~rs
(:nnnnunicarinns flan
Itccuccre Upcrariuns
Dicasn•r Ded:uarinn pnlccss
• Cominuiry ul Government plan
• ~'I'crnaism 6siJenr response
• Uctinirinns and .\cnmymc
TOWN OF VAL WCIOENT COMMAND SYSTEM TRAIN W G MATgU
_n0(N
I..1\~II l1 nll,l. INI~~1 1~ NEI 1'r N~1 "0
... IAI ~rlll 1..~ II.,
IIHVI IIN.+1 10.1
I.1.1. I'I\I1: I.IAI: .\
rIH\ I
"..„A.,
vmis.,w.uru.
. L. L. na.R.
.,,. J
EMERGENCY
~PERgTIONSFLAN
'T i
Win:
yyy F
~~ ~~:~ ~~
MAY 2005
Training
^ 'Training Ulan for
cntployccs
^ ISasic us/Nines
^ Intermediate ICS
^ i\d~'anccd ICS
^ Use all employees nut
just IUD, PD and Public
~r/urlcs
Exercises
^ 2002 Wilcllancl fire tabletolJ
^ 2003 Wilclland Fue tabletop
^ 2004 Wilclland Fife functional exercise
^ 2005
^ Construction accident functional escrcisc
^ 4 Day full scale cscrcise !\'Iountain Response ?005
^ Severe weather/flooding tabletop
2
MOUNTAIN RESPONSE 2005
^ The K;tlmnber~; Incident
^ Iluildut~ urllapsc dull
r ~""
6i0 R~apu ulus
-t0 Pcdu:d, ti[.uc and larcd ~~ ."' 1r
tyLnll Lti - 1
^ '1 O\' I:ntclguttl Upwmons e ~ _ ;,,
(.urns and Innduv (;umm~and ~~~ +7"~ 'r'~
Prnr ¢marul 'ny_. ~(4.te"f,~t
N IC ti huslnun tool. bnols ~
-`
i unarcd Irv'I U\' unplnYCrs
Gn Follow up auinns c-- -.__..-+-_. _..?s.t
Y
F II y
~
.
L^ '~ .
"S ~A
~
~
~~ ~- ~ . it ~~: ~' ~~ I
.\. ~i
~ ~ ~
I - L
~ r~~ rl~,a tc*~i l(Il I I iii
t
~Yr ~kl~, ~ ~i ` I
.:x.~ r r;1~a
~t ~
{, g r N~
~ ~', E~q I a 1 ~'Y ~~~
A • , ~ ~s~., k ~,y ~:
S~ : f
` w~ c -.
~r
~`": J~r
~~
:~ -~_ - ~ ~- 7 ~ ,_
a
y~~~
a-r, ~, 14
_ ~,~ __ Iy
'!~`--.,=-r~;~C',.~~ tea' I~' ~r.
~~
r t `` .r ezti ..-_
.. - .: t/~ i, - ~~-
1 -
/
~.
r ~.~ r
~ '
~
t i
~'l
'k
d3
.._
-c t
.
i'< _ 1 ~
4~
~ ~
t _
I -~
2\ _Av
`L
h
r ~~}
Deployments
^ Dire/Police Cnal ticam I~~ire
C;Icmvood Spun~s
^ Dispatchers «> I Inyntan I'irc r- ,. sai I
^ 6 PoLcc manal;cr to ~~"~, .r~
I luiricanc f4anccs K Ivan !. Ix
^ 4 Polio/I ire [u I Iwnrnne ~~ .r
Katrina & Rita + ~~
^ Many other responses V} I Ire I
to \\ tlJland fires 9
' d A, ,..r
Pali li I t I I.
I lurr ra u I r nri.
3
Accomplishments
^ NIh[S/ICS 12csolution by Council
^ C\duuntain Response 2005 and public preparedness
in Formation
^ ISl\'L\C llcploymcnts to liurricancs
^ ~\ctivc p;,rticipatiun in North West ~\II 1-larards Kcgion
^ Update of ~fun,al Aid agreements
^ Distribution of placards to'1'O\~ employee.
^ Disaster Declaration process awareness
~ ~ ~ 1,,.
~,..~, .
_ ~~~~~
1 Li«
E~.~m:~~~rY rr..~~.: ~ F E~r..i.e..\I+Y'1i [ I
Li~.m11r~J \':il.~r
....~~.~....... .......r.~ •. t!
to ni:w~uu; :,
~ ~'" ~i•Ale't ~ _3a r
k'kgr'i~ li~t..~
~_ -
~ -
til~ _-
~ d
1 ~~ _ -
~ ^ .:-._-
MUTUAL AID AGREEMENTS
^ Mate of Colorado Intergovernmental :\~teem~nt
for Emergency \-fanagement
^ Regional Alutual rlid agreement with Northwest
Counties
^ 1\Iutual Aid agreement with Eat;le County
sheriff
^ Annual Wildfire C)periting Plan
^ RHI\'l1~EC Hazi\Iat Incident Response
^ 9 Fire 5er~~ice Agreements
Goals for 2006
^ Review and update'CO\' I:mcrgency Opcrati,»~s plan
^ Conduct yuartcrly cscrascs
^ Complete N1i14S/1CS training
^ Ce»nplete mobile command/communication vehicle
^ Participate in Incident N(anagement'1'cani development
^ Develop alternative eonununiattions systems
^ Continue citirat education ;uul preparedness
^ (;umplete and publieire evacuation plan
4.
Goals for 2006 (cont.)
^ Start a Citizens Emergency Resnonse Team
(CERT) to clevelon self-sufficient
neighborhoods
^ EnCOUYagC 1nC11VIdUal C1t1Zen alld lodg111g
nxenaxedness fox incidents
^ Collaborate with other agencies
^ Formalize Counter-wide Public Information
C)fficers groin
Council Training
^ ~anualy 17 ciuxing the Woxk Session
^ Steve Denney from the Colorado Division of
Emergency 1\Iulagement
^ Tonics:
^ NIn4S
^ I(;S
^ Council's hole and Respunslbtlitus
^ Disaster lleelara[ion process
^ Reimbursement (State and I~cderal)
Council ResponsiUilities
• Council/Mayor/Town M:magcr:
:\ssumc ulrimaa• respunsihilirc n, nc~ indicidoals uirhin rhr'll ncn I..r nc~
sr,,rc of cn,crgcn y preparedness.
• :\ppnic~al of resuurtts :uxl tinuls tix incident or cmcrGcncc pugx,.cca.
• Ponnal J,xlaitiviun of a'I'na~n cmcagcncr ur Jis~asnr.
Isswmee of alticial orders ur prrrcFam;rriuns rce}vdigG population prumcriun
ur n•mpuran~ suci~al restrictions, such as cvaumriun unlcrs, csrahiishincnr of
aufcw, :uui enxermenr of price eunnnls.
Issuantt• of fur,nal nxµmsA trr nc~ r:uunrv liu;uxl of f;,nnmissiuncrs, nc~
Governor's Oflicc (rh rough r:ulunulu Uli~\O lia nc~ Jrcl;variun ul ~a counrp
and stare emergency for nc~• pugxucs of nhrainig5 srne and/ur I'edenJ
, . sisrancc.
• Provide; mprescnmrivc with full dCL'ISlr,n-nrakinG:uuhurin• lirt n>nurcca and
funds ro nc~ Cuunn%+ ~,\I:\r:S ,chcn rcyucsrcJ.
• 'I'hc'fuwn ,,\Ian:\rcnvill act as nc~ Uirecnrc of linurgcn ~• ::\tan;\gnncnr
Parhdpad.,n io unergcncc nninin4 and e.erd,eY. (rc y\' run' nti ' 0
Questions
~ `~~ ~~ ,
t,
~~ r.:i Ir I
1 s
^~ .. ~. ;,;~.,,, sa
WWW.READY.GOV
5
~S ~, 3Videof-~~
~~ ~~
~~ `
Streit Life v Andy Serwrer
,~
. ~:..
Wi-Fi mania: When whole
cities are public hot spots
WHAT IS A CITY OBLIGATED TO PROVIDE
for its citizens? Well-maintained streets,
traffic lights, sewer and water, police and
fire-okay, sure. As for taverns, gas
stations, and peep shows, most folks
seem to agree that the Bove
ment should have a more limite
role, even though one could ar
gue that some of them are eco-
nomic necessities (and I won't
say which ones).
The question of where ex-
actly govemmentends and the
private sector begins is one
we've wrestled with throughout
our nation's history. (What woul~
Ben Franklin think about privy
tizing the post office?) But at ~
tain moments-like 1971, when
trak sprang from the wreckage c
old Penn Central-this dilet
comes to the fore. Welcome to
other of those moments. The is~
municipally backed Wi-Fi.
Two major cities, San Fran-
cisco and Philadelphia, are on
the verge of powering up pub-
lic hot spots. Some smaller
burgs-such as Chaska, Minn.,
and Tempe, Ariz.-are already
up and wired. The plans all diffe. ,,.. ~,.,, ,,,,,,,
of involvement by city government and the cost to consumers, but
one constant has been resistance by telcos and cable companies.
Philadelphia recently inked a deal with EarthLink, an ISP, to
build a Wi-Fi network covering 135 square miles of the city. The
network, which could cost up to $10 million
and is expected to be completed in 2006, will
offer free wireless in public spaces like parks
and will charge a monthly subscription of $10
(for lower-income families) or $20 a month.
Verizon and Comcast are not pleased. In
fact, the telco and cable lobbies worked the
state legislature to pass a bill blocking the
plans. But a compromise was worked out ex-
empting the City of Brotherly Love and delaying the bill until
2006, possibly allowing other municipalities to be grandfathered
ANDY SE2WER, e[6tor [rt large Of FORTUNE, call be reached at
rrserrvcr r~;fbrnnremaiL[:nm. Read hnn nnlnte in Street Life on Jortrme.com
and watch him nn CNN's American Morning m:d In the Money.
in. "We're not looking to take business away
from Comcast and Verizon," says Dianah
Neff, Philadelphia's chief information
officer. "They have bundled services
that cost between $50 and $200. We
sere looking to provide alow-
cost, high-speed alternative to
the population they have not
gone after."
San Francisco has issued an
open call for proposals to
make the City by the Bay into
one big hot spot. Mayor Gavin
Newsom calls wireless Internet
a "fundamental right" akin to
water, power, and libraries. City-
ide Wi-Fi, Newsom suggests,
uld also give Frisco a competi-
advantage and could be an in-
table means of communication
ing an earthquake. Newsom has
;eived plans from 26 companies,
eluding Cingular, EarthLink,
and most notably Google, which
is offering to build a network
that would be free to con-
sumers and supported by
advertising. How have ca-
ble and telco responded?
No direct salvos yet, but the
mayor said he is sure they'll come. He's
probably right. Walter McCormick, head of the United States
Telecom Association, a trade group, says government-owned net-.
works could be considered "un-American" if the public sector
gives itself advantages over private-sector competitors, and he
argues that they are "questionable at a time
when essential services, police, and firefight-
ers are subject to budget restraints."
Former FCC commissioner Harold Furch-
gott-Roth says he, too, is scratching his head
over the notion of municipal Wi-Fi. "Lots
and lots of different services that might be
nice for low-income Americans, you don't see
municipal governments stepping in," he says.
True, but if kids from poor families have to rely on cable and
telco companies or the federal government to hook 'em up to
low-cost broadband, they'll be waiting a long, long time. Philly
and Frisco are on to something. Telco and cable should lead or
get out of the way.
October 31, 2005 FORTUNE • 53
Is wireless
Internet, like-
water and power,
an essential
city service?
p.,~,,..,~a.,.....
Wi-Fi mania: When whole
cities are public hot spots
WHAT IS A CITY OBLIGATED TO PROVIDE
for its citizens? Well-maintained streets,
traffic lights, sewer and water, police and
fire-okay, sure. As for taverns, gas
stations, and peep shows, most folks
seem to agree that the govern-
mentshould have a more limited •
role, even though one could ar-
gue that some of them are eco-
nomic necessities (and I won't
say which ones).
The question of where ex-
actly government ends and the ~
y~,
private sector begins is one ,,' 1
we've wrestled with throughout ~ ~ xi
our nation's history. (What would ''~
Ben Franklin think about priva-
tizing the post office?) But at cer- _
tain moments-like 1971, whey
trak sprang from the wreckage ~
old Penn Central-this dile~
comes to the fore. Welcome to
other of those moments. Theis:
municipally backed Wi-Fi.
Two major cities, San Fran-
cisco and Philadelphia, are on
the verge of powering up pub-
lic hot spots. Some smaller
burgs-such as Chaska, Minn.,
and Tempe, Ariz.-are already
up and wired. The plans all diffti u„ u,c ,eve,
of involvement by city government and the cost to consumers, but
one constant has been resistance by telcos and cable companies.
Philadelphia recently inked a deal with EarthLink, an ISP, to
build a Wi-Fi network covering l35 square miles of the city. The
network, which could cost up to $10 million
and is expected to be completed in 2006, will
offer free wireless in public spaces like parks
and will charge a monthly subscription of $10
(for lower-income families) or $20 a month.
Verizon and Comcast are not pleased. In
fact, the teco and cable lobbies worked the
state legislature to pass a bill blocking the
plans. But a compromise was worked out ex-
empting the City of Brotherly Love and delaying the bill until
2006, possibly allowing other municipalities to be grandfathered
ANDY SERWER, editora7lar~e Of FORTUNE, Cart he reacheCl nt
rrserwer nfi~ntutemail.com. Read hun nnGrnr in Street Life on fortrme.cont
raid watch him on CNN's American Morning grid In the Money.
in. "We're not looking to take business away
from Comcast and Verizon," says Dianah
Neff, Philadelphia's chief information
officer. "They have bundled services
that cost between $50 and $200. We
~,, were looking to provide alow-
~. cost, high-speed alternative to
$~'a+,:. q~ _a the population they have not
r- - gone after."
ii .. r '~~:
- San Francisco has issued an
~~ .~ open call for proposals to
make the City by the Bay into
'~~.;Y r~ ~ ~ ~ ~+ one big hot spot. Mayor Gavin
- ~ ~ Newsom calls wireless Internet
_ s, a "fundamental right" akin to
~ ' ' ' water
Y;, ,power, and ]ibraries. City-
_ ~ 5'~ wide Wi-Fi, Newsom suggests, •
' '-' °~^uld also give Frisco a competi-
advantage and could be an in-
table means of communication
ing an earthquake. Newsom has
:eived plans from 26 companies,
eluding Cingular, EarthLink,
ind most notably Google, which
is offering to build a network
that would be free to con-
sumers and supported by
advertising. How have ca-
ble and teco responded'?
No direct salvos yet, but the
mayor said he is sure they'll come. He's
probably right. Walter McCormick, head of the United States
Telecom Association, a trade group, says government-owned net-
works could be considered "un-American" if the public sector
gives itself advantages over private-sector competitors, and he
argues that they are "questionable at a time
when essential services, police, and firefight-
ers are subject to budget restraints."
Former FCC commissioner Harold Furch-
gott-Roth says he, too, is scratching his head
over the notion of municipal Wi-Fi. "Lots
and lots of different services that might be
nice for low-income Americans, you don't see
municipal governments stepping in," he says.
True, but if kids from poor families have to rely on cable and
telco companies or the federal government to hook 'em up to
low-cost broadband, they'll be waiting a long, long time. Philly
and Frisco are on to something. Telco and cable should lead or
get out of the way.
October 31, 2005 FORTUNE • 53
Is wireless
Internet, like
water and power,
an essential
city service?