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HomeMy WebLinkAbout2005-0822 PECPLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ., ,~ August 22, 2405 117iYN~E' V~Il'.' . PROJECT ORIENTATION - Gommunity Developmen# Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT David Viele Chas Bernhardt Qoug Cahill. George Lamb Rollie Kjesbo Bill .iewitt MEMBERS ABSENT Ann Gunion Site VI51tS: 1, Vail Corp. - 728 West Lionshead Circle 2. Young Residence - 1452 Buffehr Creek Road Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request for a worksession to discuss a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede/Bill Gibson ACTION: TABLED TO SEPTEMBER 12, X005 MOTION; Viele SECOND: Jewitt VOTE: 6-0-0 Rachel Friede gave a presentation regarding the need for aclean-up text amendment to the Town Code. She explained the three tiers of changes to occur: grammatical and spelling changes,. clarifications to the Code and policy changes. After a short review of Tier 1, grammatical and spelling changes, PEC agreed that these changes did not need further review.. The proposed text amendments from Tier 2 and 3 will require numerous worksessions with PEC in order to understand the proposed text amendments, as well as work out any issues related to said amendments. Friede asked that the worksession be tabled until Sept 12 in order to begin discussion on the specifics of Tier 2, As this is still a work in progress, with more text amendments to come, PEC will receive a packet of new changes one week before each meeting in order to thoroughly review the text amendments, The Chairman expects that this process may take 4 or 5 worksessions before the proposed text amendments are formally introduced and a recommendation can be made to Town Council. 2. A request for a final review of a major exterior alteration, pursuant to Sections 12-7FI-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Cade, to allow for the development of 105 multi-family residential dwelling units, located at 728 West Lionshead CirclefLot 2, West Day Subdivision, and setting forth details in regard thereto. Qage 1 Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: TABLED TO SEPTEMBER 12, 200a MOTION: Viele SECOND: Lamb VOTE: 6-4-0 Warren Campbell gave a presentation per the staff memorandum. r: The applicant's representative, Jay Peterson, stated that they had no formal presentation prepared for the meeting as they agreed with this being a meeting to get everyone understanding the review process to be used for the project. There was no public comment. The Commission asked several comments regarding how the recently acquired properties by Vaii Resorts (Vail Professional Building and Cascade Crossing) would affect the proposal on the West aay Lot. Concerns included circulation if the Frontage Road was relocated ,design changes in the building that might occur if this was to become a new portal to the ski mountain, and concern over approving a conditional use permit for condos on the first floor adjacent to a potential lift which might be better suited for retail. There was a request to present potential zone districts the recently acquired properties might be rezoned to. Jay Peterson stated that at the next meeting their presentation would include response to all the initial questions of the Commission. 3. A request for a final revie Subdivision, Vail Town Cade, 5L, Ridge at Vail Subdivision, regard thereto. Applicant; Mike Young Planner: Warren Campbell ACTION: APPROVED MOTION: Kjesbo w of an amended final plat, pursuant to Chapter 13-4, Minor to allow for a resubdivision of Lot 1, Cliffside Subdivision and Lot located at 1452 Buffehr Creek Road, and setting forth details in SECOND: Viele VOTE: 6-t1-0 Warren Campbell gave a presentation per the staff memorandum. The applicant, Mike Young, had nothing to add. There was no public comment. The Commission expressed no concerns with the request. 4. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, to amend the boundaries of the study area to include Evergreen Lodge, located at 250 South Frontage Road West, Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, represented by HB Development Company Planner; George Ruttier ACT10N: RECOMMENDATION OF APPROVAL MOTION: Kjesbo SECOND: Lamb VOTE: 6-t)-0 George Ruttier gave a presentation per the staff memorandum. Page 2 T.J. Brink stated that there may be some issue with sharing loading and delivery bays due to the hazard materials at the hospital. He also pointed out that requiring the same number of accommodation units may be short sighted. He feels requiring the same amount of floor area would be a better solution to maintaining of accommodation units on the site. The Commission. was favorable towards the proposed inclusion of the Evergreen site in the Lionshead Master Plan. They were also in favor of the proposed text amendments. The Commission discussed at length haw to retain accommodation units. The Commission suggested that a rental program should made be available to the existing condos and the future proposed units. It was further suggested that thought should be given to designing units with attached accommodation units. The Commission encouraged the Evergreen property owners to work with the hospital, however, the Commissioners did not want to see the two sites tied to one another. The Commissioners believed that the quality of units available for lodging is most important; not necessarily the sheer number. 5. A request for a final review of a text amendment to Section 12-7A-7', Height, Vail Tawn Cade, pursuant to Chapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting Earth details in regard thereto. Applicant: Mauriello Planning Group, LLC Planner: George Rather ACTION: TABLED TO SEPTEMBER 12, 2005 MOTION: Jewitt SECOND: Viele VOTE: G-0-0 6. A request for a final review of a conditional use permit, pursuant to Section 12-78-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the operation of a private club, located at 333 Hanson Ranch RoadlLot C, Block 2, Vaii Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, lnc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: TABLED TO SEPTEMBER 12, 2005 MOTION: Jewitt SECOND: Viele VOTE: 6-0-0 7. A request for a final review of a variance, from Section 12-6F-t3, Setbacks, 12-6F-9, Site Coverage, 12-6F-10, Landscaping and Site Development, 12-6F-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Cade,. to allow far a residential addition, located at 4110 Spruce Way/Lot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: TABLED TO SEPTEMMER 12, 2005 MOTION: Jewitt SECOND: Viele VOTE: G-0-0 8. A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Cade, to allow #ar a major amendment to Special Development District hlo. 22, Grand Traverse, modifying the CRFA calculations for the District; increasing the number of lots for the District; and a final review of a minor subdivision, pursuant to Section 13-42, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, Dauphinais/Masely Subdivision Filing 1, a resubdivisian of Lots 5, f, 7, S, 9, and 1fl, and setting forth details in regard thereto. Applicant. Grand Traverse Homeowner's Association, represented by Pat Dauphinais Planner: Warren Campbell ACTION: TABLED TO SEPTEMBER 26, 2005 MOTION: Jewitt SECOND: Viele VOTE: 8-0-0 Page 3 • • 9. A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow fora major amendment to Special Revelopment District No. 22, Grand Traverse, modifying the GRFA calculations for the district; and a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the sizes of Lots 4 & 5, Dauphinais-Masely Subdivision Filing 1, and setting forth details in regard thereto. Applicant: Grand Traverse Homeowner's Association, represented by Pat Dauphinais Planner: Warren Campbell ACTION: WITHDRAWN 10. A request for a final review of a variance from Section 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new freplace and chimney, located at 175 Forest Road/Lot 26, Black 7, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Jack and Karen Ryan, represented by Michael Suman Planner: Elisabeth Eckel ACTION: WITHDRAWN 11. Approval of August 8, 2005 minutes ACTION: APPROVED IVIOTION: Jewii# SECOND: Lamb VOTE: 6-0-0 12. Information ltpdate Handout 13. Adjournment MOTION: Viefe SECOND: Lamb VOTE: 8-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone far the Hearing Impaired, for information. Community Development Department Published August 19, 2005, in the Vail Daily. 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V~: • a;. ~a ~~~ W ~ •~ w • ~ ~ • ~~~~ ~~ ~~ MEMORANDUM T~: Planning and Environmental Commission PRAM: Department of Community Development DATE: August 22, 2Q05 SUBJECT: A request for a worksession to discuss a recommendation to the Vail Town Council for proposed text. amendments to Title 11, Sign Regulations; Title 12, zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel FriedelBill Gibson I. SUMMARY The applicant, the Town of Vail, is proposing text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook of the Vail Town Code. The majority of these amendments are grammatical and spelling changes or clarifications to the Code, while others are changes in policy that have arisen from the "clean-up" process. Based upon Staffs review of the criteria in Section V of this memorandum and the evidence and testimony presented, the Department of Community Development recommends the Planning and Environmental Commission forward a reoommer~dation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VI of this memorandum. li, DESCRIPTION OF THE REQUEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not occurred for some time, a thorough review ofi the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues have also arisen and staff looks to update the Code to reflect changes in policy. In the next session, staff will introduce a recommendation to the Planning and Environmental Commission for proposed text amendments to Title 11, Sign Regulations, Title 12, Zoning Regulations, Title 13, Subdivision Regulations and Title 14, Development Standards Handbook. This worksesson has been requested so that the PEC can become familiar with the proposed text amendments, to be submitted to PEC in the near future. III. DISCUSSION ITEMS NEED FOR TEXT AMENDMENTS: The Town Code has numerous simple errors, as well as sections which are unclear to various stakeholders, It is paramount that the Town rectify these problems in order tv have a clear and concise Code. As for the policy changes, these have arisen through actual applications that have brought to light the numerous policy changes necessary to render the Code consistent with the shifting policy of the Town's development objectives. • THREE TYPES OF REVISIONS: i, GRAMMAR AND SPELLING: The first tier outlines all of the grammatical and spelling errors present in the Vail Town Code. In correcting these errors, we can ensure that the Tvwn Code will continue to serve the public's best interests through clear, concise and professional legal text. One of the most common mistakes in this tier will be capitalization of proper nouns, such as Planning and Environmental Commission. Another error that was corrected is that "zone district° was improperly codified as "district" in many cases. ii. CLARIFICATION: The second tier includes text amendments that will clarify portions of the Code that have created problems for applicants, DRB, PEC and the Town Council. In some instances, procedures for development review and criteria for applicants, DRB, PEC and Town Council to follow are not completely outlined, leaving the various stakeholders without enough direction during the process. Staff reviewed these gaps in the Code and by creating procedure where lacking, we can ensure a legally binding ,process is occurring in the Town's development review process. This section will also seek to create complete Definitions chapters of Titles 11, 12, 13 and 14, by defining "terms of art" found in the Code but not in the Definitions chapters(11-2, 12-2, 13-2, 14-2). These are just two examples out of the many text amendments proposed in this tier that will alleviate confusion among applicants and other stakeholders. iii. POLICY CHANGES: When staff evaluates the Code for clean-up purposes or simply during the course of design review, policy issues inevitably arise. Issues that hamper the planning process and oppose the public's interest should be con-acted. The third tier discusses such changes in policy. In many cases, changes in policy may come after numerous variances are given, and a shift. in policy is made obvious, as in the case of making "Convenience Food Stores'" a "Subject to Reviev~' land use in the Heavy Service District. Other policy changes come from a need to revisit procedure, as staff reviewed in the Subdivision Regulations. When we do not follow the current regulakions in the Code verbatim, we must address this by shifting our policy to reflect actual procedure. f~ 2 IV. R47LES ©F REVIEWING BODIES order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town. Code, and forwarding of a recommendation to the Vail Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Vail Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Vail Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andlor Design F2eview Board. The Vail Town Council may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff; The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. REVIEW CRITERIA The review criteria and. factors for consideration for a text amendment application are established by the provisions of Section 92-3-7, Amendments, Vail Town Code, and will be applied to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals andlor intent of the Titles. The lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specifc purposes of Titles 11, 12, 13, and 14. The text amendments create a more comprehensive, clear and concise Code that will promote the general welfare of the community, which is the most applicable purpose in common among the pertinent Titles. 3 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adapted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with file development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoptien of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. A significant amount of time has elapsed since the last "clean-up" process has occurred, and numerous changes have occurred within the Department of Community Development as well as the Town of Vail. ~. The extent to which the text amendment provides a harmonious, convenient,. workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives, 5. Such other factors and criteria the Commission andlar Council deem applicable to the proposed text amendment. VI. STAFF REC©MMENDATI4N Due to the nature of worksessions, na action is recommended at this time. However, staff will make a recommendation when the request for proposed text amendments is submitted to the Planning and Environmental Commission. VII. ATTACHMENT A. Public Notice B. Draft of Proposed Text Amendments 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2005 SUBJECT: A request far a recommendation to the Vail Tawn Council of proposed text amendments to 11-1-1, Description, Discriptian, Purpose and Applicability, 11-1-2, Purpose, Description, Purpose and Applicability, 11-1-3, Applicability, Description, Purpose and Applicability, 11-2-1, Definitions Enumerated, Definitions, 11-3-2, Liability, Administration, 11-5-2, Design Guidelines, Design Guidelines and Standards, 11-6-1, Purpose and Description, Business and Building ldentif'rcation Signs, 11-8-2, Criteria, Sign Program; 11-10-1, Variances, Variances and Appeals,l2-2-2, Definitions, Definitions,12-3-3, Appeals, Administration and Enforcement,12-3-4, Determination of Similar Use, Administration and Enfarcement,12-3-5, Declaration of Site Allocation, Administration and Enforcement,12-3-6, Hearings, Administration and Enforcement, 12-3-7, Amendment, Administration and Enforcement, 12-4-1, Designated, Districts Established, 12-4-2, Permitted Uses, Districts Established, 12-5-2, Filing, Zoning Map, 12-5-3, Changes, Zoning Map, 12-5-5, lnterpretation'of Boundaries, Zoning Map, 12-5-fi, Property Without Zone Designation, Zoning Map, 12-6A-1, Purpose, Hillside Residentail {HR) District, Residential Districts, 12-fiA-3, Ganditional Uses, Hillside Residential (HR) District, Residential Districts, 12-fib-1, Purpose, Single- Farnily Residential (SFR} District, Residential Districts, 12-fiB-3, Conditional Uses, Single-Family Residential {SFR} District, Residential Districts, 12-6G-1, Purpose, Two-Family Residential (R} District, Residential Districts, 12-fiD-1, Purpose, Two-Family PrimarylSecandary Residential {PS) District, Residential Districts, 12-6E-1, Purpose, Residential Cluster {RG} District, Residential Districts, 12-fiF-1, Purpose, Low Density Multiple-Family (COME) District, Residential Districts, 12- fiG-1, Purpose, Medium Density Multiple-Family {NOME} District, Residential Districts, 12-6H-1, Purpose, High Density Multiple-Family {HOME) District, Residential Districts, 12-fiH-3, Conditional Uses, High Density Multiple-Family {HOME) District, Residential Districts,l2-ial-1, Purpose, Housing (H) District, Residential Districts, 12-fit-11, Developmen Plan Required, Housing {H) District, Residential Districts, 12-fit-12, Development Plan Contents, Housing {H) District, Residential Districts, 12-fit-13, Development StandardslGriteria For Evaluation, Housing (H}District, Residential Districts, 12-7A-1, Purpose, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-3, Conditional Uses, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-fi, Setbacks, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-8, Density Control, Public Accommodations (PA} District, Commercial and Business Districts, 12-7A-9, Sike Coverage, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-11, Parking and Loading, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-12, Exterior Alterations or Modifications, Public Accommodations (PA} District, Commercial and Business Districts, 12-7A-13, Gampliance'Burden, Public Accommodations (PA) District, Commercial and Business Districts, 12-7A-14, Mitigation of Development Impacts, Public Accommodations (PA} District, Commercial and Business Districts, 12-7B-1, Purpose, Commerical Core 1 (CC1) District, Commercial and Business Districts, 12-78-7, Exterior Alterations or Modifications, Commerical Core 1 (GG1 }District, Commercial and Business Districts, 12-78-8, Ganditional Uses; Factors Applicable, Commerical Care 1 (CC1) District, Commercial and Business Districts, 12-78-9, Accesory Uses, Commerical Gore 1 (CG1 }District, Commercial and Business Districts, 12-7B-11, Setbacks, Commerical Core 1 {CC1} District, Commercial and Business Districts, 12-78-12, Height, Commerical Care 1 (CC1} District, Commercial and Business Districts, 12-7B-13, Density Control, Commerical Core 1 {CC1 }District, Commercial and Business Districts, 12-7B-14, Reconstruction of Existing Uses; Generally, Commerical Core 1 {CC1) District, Commercial and Business Districts, 12.78.15, Site Coverage, Commerical Care 1 (CC1 }District, Commercial and Business Districts, 12-78-16, Landscaping and Site Development, Commerical Care 1 (CC1) District, Commercial and Business Districts,l2-7B-17, Parking and Loading, Commerical Core 1 (CC1) District, Commercial and Business Districts, 12-78- 19, Reconstruction of Existing Uses; Compliance Required, Commerical Core 1 (CC1 } District, Commercial and Business Districts, 12-7B-2Q, Vail Village Urban Design Plan, Commerical Care 1 {CC1 }District, Commercial and Business Districts, 12-7C-1, Purpose, Commercial Core 2 {CC2} District, Commercial and Business Districts, 12-7C-2, Requirements for Establishment; Development Plan, Commercial Core 2 (CC2) District, Commercial and Business Dis#ricts, 12-7C-3, Permitted and Conditional Uses, Commercial Care 2 (CC2} District, Commercial and Business Districts, 12-7C-~, Canditiona! Uses; Generally, Commercial Care 2 (CC2) District, Commercial and Business Districts, 12-7C-5, ExteriorAlteratians or Modifcations, Commercial Core 2 {CC2) District, Commercial and Business Districts, 12-7G-f, Accessory Uses, Commercial Gore 2 (CC2} District,. Commercial and Business Districts, 12-7C-S, Setbacks, Commercial Care 2 {CC2} District, Commercial and Business Districts,l2-7C-9, Height, Commercial Care 2 {CC2}District, Cammerciail and Business Districts, 12-7C-1 Q, Density Control, Commercial Core 2 (CC2} District, Commercial and Business Districts, 12-7C-11, Site Coverage, Commercial Care 2 (CC2) District, Commercial and Business Districts, 12-7C-12, Landscaping and Site Development, Commercial Core 2 (CC2) District, Commercial and Business Districts, 12-7C-15, Vail Village Urban Design Guide Plan and Design Considerations, Commercial Core 2 {CC2) District, Commercial and Business Districts, 12- 7D-1,Permitted Uses, Carnmercial Core 3 (CC3) District, Commercial and Business Districts, 12- 7D-2, Conditional Uses, Commercial Core 3 (CC3) District, Commercial and Business Districts, 12- 7D-3, Accessory Uses, Commercial Core 3 (CC3) District, Commercial and Business Districts, 12- 7D-5, Setbacks, Commercial Core 3 {CC3) District, Commercial and Business Districts, 12-7E-1, Purpose, Commercial Service Center {CSC) District, Commercial and Business Districts, 12-7E-2, Requirements for Establishment; Development Plan, Commercial Service Center {CSC} District, Commercial and Business Districts, 12-7E-4, Conditional Uses, Commercial Service Center (CSC} District, Commercial and Business Districts, 12-7E-5, Accessory Uses, Commercial Service Center (CSC} District, Commercial and Business Districts, 12-7E-7, Setbacks, Commercial Service Center (CSC} District, Commercial and Business Districts,l2-7F-1, Purpose, Arterial Business {ABD} District, Commercial and Business Districts,l2-7F-2, General Circulation and Access Plan, Arterial Business {ABD} District, Commercial and Business Districts,12-7F-3, Permitted Uses, Arterial Business {ABD} District, Commercial and Business Districts,12-7F-4, Conditional Uses, Arterial Business (ABD) District, Commercial and Business Districts,12-7F-5, Accessory Uses, Arterial Business (ABD) District, Commercial and Business Diskricts,12-7F-7, Setbacks, Arterial Business {ABD} District, Commercial and Business Districts,12-7G-1, Purpose, Weavy Service (HS) District, Commercial and Business Districts,12-7G-3, Conditional Uses, Heavy Service District, 12-7H-1, Purpose, Lionshead Mixed Use 1 {LMU-1}District, Commercial and Business Districts,12-7H-5, Conditional Uses; Generally (On al! Levels of a Building or t)utside of a Building}, Lionshead Mixed Use 1 (LMU-1) District, 12-7H-7, Exterior Alterations Or Modifications, Lionshead Mixed Use 1 (LMU-1 }District, 12-7H-8, Compliance Burden, Lionshead Mixed Use 1 {LMU-1 }District, 12-7H-1 Q, Setbacks, Lionshead Mixed Use 1 {LMU-1 }District, 12-7H-11, Height and Bulk, Lionshead Mixed Use 1 {LMU-1 }District, 12-7H-14, Site Coverage, Lionshead Mixed Use 1 (LMU-1) District, 12-7H- 15, Landscaping and Site Development, Lionshead Mixed Use 1 (LMU-1) District, 12-7H-18, Mitigation of Development Impacts, Lionshead Mixed Use 1 (LMU-1} District, 12-71-1, Purpose, Lionshead Mixed Use 2 {LMU-2} District, Commercial and Business Districts,l2-71-5, Conditional Uses.; Generally (On all Levels of a Building ar C)utside of a Building), Lionshead Mixed Use 2 District, 12-71-5, Accessory Uses, Lionshead Mixed Use 2 {LMU-2} District, 12-71-7, Exterior Alterations or Modifications, Lionshead Mixed Use 2 (LMU-2) District, 12-71-$, Compliance Burden, 2 Lionshead Mixed Use 2 (LMU-2} District, 12-71-10, Setbacks, Lionshead Mixed Use 2 (LMU-2) District, 12-71-11, Height and Bulk, Lionshead Mixed Use 2 (LMU-2) District, 12-71-14, Site Coverage, Lionshead Mixed Use 2 (LMU-2) District, 12-71-~ 5, Landscaping and Site Development, Lionshead Mixed Use 2 (LMU-2) District, 12-71-1$, Mitigation of Development Impacts, Lionshead Mixed Use 2 (LMU-2} District, 12-$A-1, Purpose, Agricultural and Open Space (A) District, Open Space and Recreation Districts,l2-8B-1, Purpose, Outdoor Recreation (OR} District,. Open Space and Recreation Districts,l2-$B-10, Landscaping and Site Develapment, Outdoor Recreation (OR) District,12-8B-12, Additional Development Standards, Outdoor Recreation (OR) District,12-8C-3, Conditional Uses, .Natural Area Preservation (NAP} District, Open Space and Recreation Districts,l2-8D-2, Permitted Uses, Ski Base/Recreation (SBR) Distric#, Open Space and Recreation Districts,12-8D-3, Canditianal Uses, Ski BaselRecreatian 1 (SBR) District, 12-8D-4, Accessary Uses, Ski BasefRecreatian 1 (SBR} District,12-8D-5, Location of Business Activity, Ski Base/Recreation 1 (SBR) District,l2-8D-6, Develapment Plan Required, Ski BaselRecreatian 1 (SBR} District,12-8D-~, Development Plan Contents, Ski BaselRecreatian 1 (SBR) District, 12-8D-8,. Developmen# StandardsfiCriteria For Evaluation, Ski BaselRecreatian 1 (SBR) District, 12-8E-1, Purpose, Ski BaselRecreatian 2 (SBR2) District, Open Space and Recreation Districts,l2- 8E-2, Permitted Uses, Ski BaselRecreatian 2 (SBR2} District,l2-8E-7, Develapment Review Procedures, Ski BaselRecreatian 2 (SBR2} District, 12-9A-2, Definitions, Special Development. District, 12-9A-4, Development Review Procedures, Special Development (SDD) District, 12-9A-9, Development Standards, Specia! Development (SDD) District, 12-9A-16, Private Parking Space Leasing, Conditional Use Permit, Special Development District, 12-9C-3, Conditional Uses, GU District, 12-10-13, Loading Requirements Schedule, Off-Street Parking and Loading, 12-10-16, Exempt Areas; Parking Fund Established, Off Street Parking and Loading, 12-10-17, Leasing of Parking Spaces, Off-Street Parking and Loading, 12-11-3, Design Approval, Design Review,12-13- 3, General Requirements, Employee Housing, 12-14-11, Application and Interpretation of Lat Lines, Supplemental Regulations, 12-14-12, Home Occupations, Supplemental Regulations, 12-14-18, Bed and Breakfast Operations, Supplemental Regulations, 12-15-3, Definition, Calculation and Exclusions, Gross Residential Floor Area (GRFA), 12-15-5E-3, Additional Gross Residential Floor Area (250 Ordinance) Procedure, 12-16-2, Application, Contents, Canditianal Use Permit, 12-17-6B- 3, Criteria and Findings, Variances, 12-18-7, Discontinuance, Nonconforming Sites, Uses, Structures and Site Improvements, 12-21-2, Definitions, Hazard Regulations, 12-21-3, Master Hazard Plans, Hazard Regulations, 12-21-10, Development Restricted, Hazard Regulations, 12-21- 15, Restrictions in Geologically Sensitive Areas, Hazard Regulations, 12-22-2, Definitions, View Corridors, 12-22-7, Nonconforming Structures, View Corridors, of Title 12, caning Regulations;13-2- 2, Definitions, 13-3-4, Commission Review of Application; Criteria, Major Subdivisions, 13-3-11, Council Acceptance of Dedications, Major Subdivisions, 13-4, Minor Subdivisions, 13-6-1 B, Plat Approval Procedure, Condominium and Townhouse Plats, 13-7-2, Definitions, Condominium and Condominium Conversions, 13-7-6, Additional Requirements far Condominium Conversions to Employee Housing Units, Condominium and Condominium Conversions, 13-10-10, Construction Materials, Construction Design Standards,. Methods and Details, 13-10-11, Construction Methods, Construction Design Standards, Methods and Details, 13-10-12, Bike Paths, Construction Design Standards, Methods and Details,l3-11-2, Certificate of Dedication and (ownership, Sample Certificates, 13-11-3, Certificate of Dedication for Mortgage Holder or Geed of Trust Holder, Sample Certificates, 13-11-4, Surveyor's Certificate, Sample Certificates, 13-11-5, Title Certifcate, Sample Certificates, 13-11-6, Clerk and Recorder Certificate, Sample Certificates, 13-11-7', Tawn Counci! Certificate, Sample Certificates, 13-11-8, Planning and Environmental Certificate, Sample Certificates, 13-11-9, Administrator Certificate, Sample Certificates, 13-11-10, Certificate of Taxes Paid, Sample Certificate, and 13-11-11, Certificate of Ownership, Sample Certificate, of Title 13, Subdivision Regulations; and14-2 'Definitions, 14-10-C, Architectural Projects, Decks, 3 Balconies, Steps, Bay Windows, etc, Design Review Standards and Guidelines, 14-10-I;, Outdoor Lighting, Design Review Standards and Guidelines, 14-10-I, Accessory Structures; Utilities; Service Areas, Design Review Standards and Guidelines of Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and/or clarifications to the Vail Town Cade, and setting forth details in regard thereto. Applicant: Town of Vail Planner. Rachel FriedelBill Gibson I. SUMMARY Throughout the development and design review process, the Planning staff has continually noted problems that arise with specific cede sections, many of which have occun'ed through zoning code amendments, changes in procedures, orerrors in codifcation. Therefore, staff periodically returns to the Planning and Environmental Commission and the Town Council to "clean-up" the Sign, Zoning, Subdivision, and Development Standards regulations. In the process of clean-up, minor policy issues also arise and staff looks to update the code to reflect shift in policy. Section II of this memo will outline the proposed text amendments that staff has compiled through the "Clean-up" process. These amendments are riot intended to amend the substantive content of the code, but rather to "clean-up" errors and clarify sections of the code, The primary part of Section [I outiines all of the grammatical and spelling errors that plague the Town Code. In correcting these errors, we can ensure that the Town Code will continue to serve the public's bes# interests through clear, concise and professional codification. Correcting grammatical errors will help alleviate any issues of confusion on planning staff as well. The second part of Section II outlines proposed codification of the "Code Interpretation" book, which exists to help interpret the code when clarification is necessary or language is unclear. When staff evaluates the Code for clean-up purposes or simply during the course of design review, policy issues inevitably arise. Issues that hamper the planning praces5 and oppose the public's interest should be corrected. The third tier of Section ll discusses such changes in policy. Section III outlines applicable planning documents relating to the proposed text amendments. Section IV outlines criteria and findings for amending the code. Finally, Section V summarizes staff's findings and recommendation. Based upon staff's review of the criteria in Section IV of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council of the requested text amendments, subject to the findings noted in Section V of this memorandum. IL DESCRIPTION OF REQUEST 4 Tier I; Grammatical and Snelling Errors; The Town of Vail is proposing to amend Title 11, Title 12, Title 13 and Title 1~#, of the Vail Town Code, for proposed "house keeping" amendments andfor corrections. The proposed text amendments are as follows with staff comments below: {deletions are shown in ~trilt: li"rk+fadditians are shown bold) [All other uses or text listed in sections remains unchanged. Stricken text is being remo~ed.j Minor Errors; S~aellina/Grammar T1TLE 11: SIGN REGULATIONS CHAPTER 11-1: DESCRIPTION. PURPOSE. AND APPLICABILITY. 17-1-1: DESCRIPTION: This Ttitle may be cited as the S1GN REGULATIONS for the Ttown, and shall be incorporated as Ttitle 11 of this Geode. 11-1-2.~ PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the T#awn of Vai! and to promote fhe coordinated and harmonious design and placement of signs in fhe Ttown in a manner that will conserve and enhance its natural environment and ifs established character as a resarf and residents! community of fhe highesf qualify. B. Specific Purpose: These regulations are intended to achieve fhe following specific purposes: 1. Ta describe and enable the fair and consistent enforcement of signs in the Ttown of Vail. 11-1-3; APPLICABILITY: Except as provided elsewhere in Phis 7,title, the design, placement, and use of any sr'gns shall be in compliance with all of the regulations specified in this Ttitle. All signs in the Ttown of Vail are subject fo the design guidelines and standards (secfr'on 17-5-1 of fhis Ttifle) and review by the [design ,f~review Bboard (DRB). CHAPTER 11-2: DEFINITIONS 11-2-1 DEFINITIONS ENUMERA TED: RESIDENTIAL NAMEPLATE SIGN: A sign erected for the sole purpose of identifying the inhabitant`s) residing therein, an+d/or fhe house name or address, which t#af shall not confain advertising of any kind. CHAPTER 11-3: ADMINISTRATION 1 ?-3-2: LIABILITY: The provisions of this Title shall not Iimif the liability of any person who erects or awns any sign from persona! injury or property damage resulting from the placing of a sign, or resulting from the negligence orwilf~! willful acts of such person ar his/her agents, employees or workers, in fhe construction, 5 maintenance, repair, or remove! of any sign erected in accordance with a permitlssued under the provisions of this tifle. The provisions offhis tifle shall not impose upon the Ttown of Vail, Its offrcers, employees, ar the Ddesign Rreview B,board, any responsibility or Lability by reason of the approval of any sign CHAPTER 19-5: DESIGN GUIDELINES AND STANDARDS ? 1-5-2: DES1GlU GUIDELINES C. Be composed of predominately natural materials which may include, but are not limited fa, painted, stained, solid, or carved wood; brick; stone; wrought Iron or metals such as copper or brass fhat have been treated to prevent reflective glare; Aestfve non-reflective glass and stained glass; ether naturally textured building materials. CHAPTER 99-fi: Bl1,SINES~~ AND BUILDING IDENTIFICATICJN SIGNS 71-6-7: PClRPC1SE AND DESCR1PTlON: Business and building identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language pertinent to the aduerfised enterprise. This Cehapter cavern elf of the technical information relafed to business and building identi>lcafion signs. All business and building identification signs shaAcamply #e with the standards outlined in this Cshapfer and sha11 be subject to design review. CHAPTER 11-$: SIGN PRQGRAMS 91-8-2: CRITERIA: Sign programs shall be required for all new or demolishedlrebuiltmulti-family residential projects and far new or demolished/rebuilt commercial prefects. Sign programs maybe required farathersignifrcant new developments (e.g., subdivisions, ski base facilifies) or for redevelopment prefects at the discretion of the staff. Existing multi-tenant ~a-~t commercial buildings shall be required fo submit a sign program when applying far new signage. Sign programs shall be subject to fhe previsions, standards, and guidelines listed in this title. CHAPTER 1 i-'I a: VARIANCES AND APPEALS: 19-1 a-7: VARIANCES: A. Purpose: A variance from the Ssign Rregulations constitutes relief from the strict interpretation of the standards and may be granted by the Planning and Environmental Commission(PEC} in cases where there exists a physical limitation that prevents fhe existence, placement, oroperafion ofa sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the Csammunify Dslevelopment Ddeparfinent. The variance application must Include a sign permit application, the applicant's reasons for requesting a variance, bnd a nonrefundable fee determined by fhe Ttown Csaunci! as set faith by Ttown ordinances. The staff shall set a date for a hearing before the planr~ir~-arad ,~~~~,~:~.Planning and Environmental Commission once the complete application has been received.. 11-10-2: APPEAL DFA VARIANCE: An appeal fo fhe Town Council of a Planning and Environmenfal Commission ^~°.,.,;~,,., ~^~ °n~iir~nmonf~r ,.,,,,.,.,,:rte;,,., (PECK decision on a sign variance applicafion maybe made in accordance with the appeal process (section 12-3-3 of this code). (Ord. 19(2083) § 1) TITLE 12: ZONING REGULATIONS CHAPTER 12-2 DEFINITIONS: ?2-2-2: DEFINITIONS: FLOOR AREA, SEATING (Used Only For Calculating Parking Retluirements): 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 oflobbies, pre-function {~ese~a-arene areas and kitchen facilities. PLANNING AND ENVIRDNMENTAL COMMISSION: The pla~irrg ~~-!d Planning and Environmen#al Commission as many be constituted by ordinance of the Town Council~il, CHAPTER 12-3: ADMINISTRATION AND ENFORCEMENT 12-3-3: APPEALS: A. Administrative Acfians: Any decision, determination orinterprefation by any Ttown Aadministrative Oeffrcial with respect to the provisions of this title and the standards and procedures hereinafter set forth shall become final at the next Planning and Envir©nmen#al Commission ~~°n^~^~ ~n~ meeting (orin fhe case ofdesign related decision, the next Design Review @aard meeting) following the Aadminisfrator's decision, unless the decision is called up and modified by the Bboard or Csommission. 8. Appeal OfAdminisfrative Actions: 9. Authority: The Planning and Environmental Commission shall have fhe authority to hear and decr'de appeals from any decision, determinafon or interpretation by any Ttown administrative official with respect to fhe provisions of this title and fhe standards and procedures hereinafter set forth, except that appeals of any decision, determination orinterprefation byany Ttown administrative o~cial with regard fo a design guideline shall be heard by the Design Review Board ,~,~r;n., r~,,:a,.~ tir„r~ 2. Initiation: An appeal maybe r'nitiated by an applicant, adfacent property owner, ar any aggrieved or adversely affected person from any order, decision, determination orinterpretafic~n byanyAdministrafaraefmieistrativa afflsial with respect fo this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large,. buf shall exceed in degree the genera! interest in community goad shared by all persons. The Aadministraforshall determine fhe standing of an appellant. If the appellant objects fo fhe Aadminisfrator's deferminafion ofstanding, fhe Planning and Environmental Commission nlonniniv onrl nn~iirnnrs~r•n+~1 nnn,mincinn (or the Design Review Board in the case of design guidelines} shall, of a meeting prior to hearr"ng evidence on fhe appeal, make a determination as fo the standing of the appellant. If fhe Planning and Environmental Commission pk~ai~-,and grr•.~#al-c~rm~is~,~ien-(or the flesign Review Board in the case of design guidelines) determines That the appellant does not have standing to bring an appeal, fhe 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 (?department of Community Development rendering fhe decision, deferminafiort or interpretation within twenty (2gj calendar days of the decision becoming final. !f 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 Aadministrafar's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, fhe next Design Review Board~gn ro,~i^~., ~,^,-~ meeting) following the Aadminisfrator's decision, unless the decision is called up and modifred by the Booard or Csommission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellanf, applicant, property owner, and adjacent property owners (fhe list of property owners within a condominium projecf shall be satisfred by listing the addresses for fhe managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for fhe appeal on forms provided by the Ttown. The filing of such notice of appeal will require fhe administrative oftrcial whose decision is appealed, fo forwvard fo fhe Planning and Environmental Commission r~.:~ ~:er~-(or the Design Review Board design--x~e~ie~~cc,~l in the case of design guidelines) at the nexf regularly scheduled meeting, a summaryofall records concerning fhe subject matter of the appeal and fo send written nofice to the appellant, applicant, property owner; and adjacent property owners (notificatr'on within a condominium projecf shall be satisfred by notifying the managing agent or the board of directors of fhe condominium association) at least frffeen (15) calendar days prior to fhe hearing. A hearing shall be scheduled to be heard before fhe Planning and Envir©nmental Commission nln.ini.~n .,^,~ nn•~irnnm^nf~l n.~mmic+ci^n (or the Design Review Board ~'^°iren rni,i^,., Fir•orrl in the case of design guidelines) on the appeal within fhirty (30) calendar days of the appeal being tiled. The Planning ar?d Environmental Commission n/3nnin.^r e}n./ nn»irnmm~nf.,l ssri~sia+~ (or fhe Design Review Board in fhe ease of fldesign Gguidelines) may grant a continuance to allow the parties additional time fo obtain information. The continuance shall be allowed fora period not to exceed an additional forty {~O) calendar days. Failure to fie such appeal shaA constifute a waiver of any rights under fhis title to appeal 8 any inferprefafion ordeterminafion made by an Adminisfrataradm~isf~ative e#f~sial. 4. Effect Qf Filing An Appeal: The filing of a notice of appeal shall sfay a!1 permit activity and any proceedings fn furtherance of the action appealed unless fhe Administrator rendering such decision, determination or inferpretafion cerfi>res in writing to the Planning and Environmental Commission ^1nnn:^r~ nnrr nn.,irnmm~nfar nnmmic~ninn (or fhe Design Review Board r{l.nir.n rn~rirt.ar r,norrl in the case of Ddesign Gguidelines} and fhe appellanf that a sfay poses an imminent peril to life or property, in which case the appeal she!! not sfay further permit activity and any proceedings. The Csommission (or Bbaard} steal! review such certificafion and grant or deny a sfay of the proceedings. Such determination shall be made of the next regularly scheduled meefing of the Planning and Environmental Commission plaint ~~~;~' rtn",irrtnmrtnfor nnmmiccinn (ar the Design Review Board in the case of Ddesign Gguidelines}. 5. Findr'ngs: The Planning and Environmental Commission (ar the Design Review Board 'n--x~~ . ,iy w ,heard in fhe case of Dciesign Gguidelines} shelf on ail 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 flail Ttifle have or have not been met. 6. Fee: The Tfown Csauncil may set a reasonable fee for filing an appeal of an administrafive decision, determination ar inferprefafion. The fee will be adopted in a fee schedule which shall be maintained in fhe Department of Community Development f,~•rn,.,.,ia„.-rrt.,rtrnnmrtn*. The fee shall be paid of fhe fime the appeal is fifed. G. Appeal Of Planning And Environmental Commission Decisions And Design f2eview Board Decisr`ons.~ 1. Aufharify: The Ttown Csouncil shall have fhe authority to hear and decide appeals from any decision, determination or inferpretation by the Planning and Environmental Commission nr.,n nin rr on.-/ an.,irnnmonf.~l n~~ or fhe Design Review Board with respect to the provisions of this Ttitle and fhe standards and procedures hereinafter set forth. 2. initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination ar inferprefafion by the Planning and Environrnenta! Commission r the Design Review Board with respect f© this title. '"Aggrieved or adversely affected person"means any person who will suffer an adverse effect to an interest profecfed or furthered by this title. The alleged adverse interesf may be shared in common with other members of the community at large, but shall exceed in degree the genera! interest in community goad shared by al! persons. The Aadminisfrator shall determine the standing of an appellant. if the appeflanf objects fo the Aadminisfrator's 9 defermination of standing, the Town Councilhewn-seunsi! shall, of a meefing prior fo hearing evidence on fhe appeal, make a determination as to fhe standing of fhe appellant. If fhe Tawn Council 'determines that the appellant does not have standing to bring an appeal, fhe appeal shall not be heard and the original action ar determination stands. The Town Council fawn cc-~-may also call up a decision of fhe Planning and Environmental Commission ar the Design Review Board by a majority vote of those Town Csouncil members present. 3. Procedures: A written notice of appeal must be filed with fhe Aadminisfrator within twenty (20) calendar days of fhe Planning and Environmental Commission's ' decision or the Design Review Board's^~°~~^~ .~":°~•~ ''^~~~'° decision becoming final. !f the last day for filing an appeal falls an a Saturday, Sunday, or a 7town observed holiday, the last day for filing an appeal sha1J be extended to fhe next business day. Such notice shall be accompanied by fhe name and addresses {person's mailing and property's physical) of the appellant, applicant, property awner, and adjacent property owners {fhe listof property owners within a condominium project shat! be satisfied bylisting the addresses for the managing agenf or the board of directors of the condominium association} as well as specific and articulate reasons for the appeal on farms provided by the T#~own. The Kling of such notice of appeal will require fhe Planning and Environmenfal Commission plains ~.:~ or fhe Design Review Board to forward fo the Town Councilta~h cr~sil of the next regularly scheduled meefing a summary of a!! records concerning fhe subject matter of the appeal and to send written notice fa fhe appellant, applicant, property awner, and adjacent property owners (notihcatian within a condominium project shall be satisfied by notifying the managing agent or fhe board of directors of fhe condominium associafion) at (east fifteen (15) calendar days prior to fhe hearing. A hearing shall be scheduled to 6e heard before the Town Council on fhe appeal within forty (4f1) calendar days of the appeal being filed. The Town Counciftew,~seunsil may grant a continuance to a11ow the parfies additional time to obtain information. The continuance steal! be allowed for a period not to exceed an additional thirty (30} calendar days. Failure to file such appeal shall constifute a waiver of any rights under this Cshapter to appeal any inferprefation or determination made by the Planning and Environmental Commission p~r~rg c::~~:r;^r.:`•a! ^^~~;~~~^~ ^r the Design Review Board 4. Effect Of Filing Rn Appeal: The filing of a notice of appeal steal! stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator rendering such decision, determination or interprefafion certifies in writing fa the Town Counciltewn saunsil and fhe 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 Counclltew~a-~er~si! shall rEView such certification and grant or deny a stay of fire proceedings. Such determination shall be made of fhe next regularly scheduled meefing of the Town 10 Councils-se~sil. . 5. Findings: The Town Counci 'shall on all appeals make specific findings of facf based directly on the particular evidence presented fo it. These findings of facf must support conclusions that the standards and conditions imposed by fhe requirements of this floe have ar have not been met. fi. Fee: The Town Counciltewn-veil may set a reasonable fee for filing an appeal fo a planning and Environments! Commission n1~^^~^^ °n^' or Design Review Board decision. The fee will be adopted in a fee schedule which shat! be maintained in the Department of Community Development . The fee shalt be paid at the Time the appeal is filed. Q. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an administrative interpretation of the Ssign Rfegulations shall be the same as that of appeals of an administrative action as set forth in subsection B of this section. E. Appeal Of Town Council Decisions: Any applicant, adjacenfproperfy owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Tvwn Council-sec-msi! with respect to a filed appeal may seek review of such decision by a court of competent jurisdr`ction in the manner provided by the laws of fhe state. F. Conduct Uf Hearing: The Town Cvuneiltewra-sef~sil shall have fhe authority to set standards, by administrative rule, on appellate hearing procedures includr'ng, but not fimited to, time allowance for the presentation of evidence and the time allowance for oral arguments. ?'2_3-4: DETERMINATION CF SlM1LAf~ USE: 8. Review Use Characteristics: The Aadminisfrator, upon request of fhe Ttown Csouncil, or written request of any person for a determination under this section, 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 fhe report, the Csouncil may determine the proposed use to be similar fa uses specified as permitted uses in the same zone distrr"cf if it finds that fhe proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in fhe same zone district. The Csouncil shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to fhe same regulations as specifically permitted uses in fhe same zone district. 92-3-5: DECLA,RATI©Nf3FS1TEALLOCA710N: D. Lots To Meet Standards: No site declared under this section shall be recognized as a usable site pursuant fa the provisions of this title if it results 11 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 Ttifle 93 of this code if the site constitutes a portion of a parcel which can be further subdivided ar otherwise is subject fa the provisions of Ttitle 13 of fhis Csade. ? 2-3-6: 1-lEAJ41NGS: A. Ganduct: When required by statute orby this title, hearings before the Planning and Environmental Commission and the Town Council teca~r-ssunsil shall be conducted in accordance with the provisions of this Cshapter. B. Setting Date: Upon the filing ofan application, petition or appeal, the dispasifion of which requires a hearing before either the Planning and Environmental Commission or the Town Council tsw,e-ee{a~neit or both, pursuant to this title, a date for the hearing steal( be set which shall be not more than thirty (30~ days from the date of filing of the application or receipt of the document. C. Notice: 1. Not Less than fifteen (15) days prior to the date set for the hearing before the Planning and Environmental Commission eemr~ r~~err, the Aadministrator shall cause a copy of the notice to be published once in a newspaper of genera! circulation in the Toown. D. Evidence. 7. The Planning and Environmental Commission pvr., Ord shat! base its determinations upon statements containedin the application or petition, upon reports from the Ttown sfaffar consultants, if any, and upon evidence presented to the Csommission at the hearing, 2. The Town Council 'shall base ifs determinations upon statements contained in the application or petition, upon reports from the Ttown stafforconsultants, ifany, upon evidence submitted to Planning and Environmental Commission plartai.-r~ ~. and the recommendations or findings of the Csammissian, and upon evidence presented to fhe Coonncil at the hearing. 3. l~iearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to fhe record, contentions, and arguments with respect to the issues entailed, provided that fhe Planning and Environmental Cornmisslon ~'°~.a and fhe Town Counciltewn-s~eur~sil may Gmit fhe taking of evidence fo 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 Qefficia! ~~oning Nlrnap may 12 be amended, or repealed by fhe T~`own Ceouncil in accordance with fhe procedures prescribed in this Cshapter. B. initiation: 9. An amendment of the regulations of this title or a change in zone district boundaries maybe initiated by the Town Council ~sil on its own motion, by the Planning and Environmental Commission n'~~nrM.~, °"^~ an its own motion, by petition of any resident or property owner in the Ttown, or by the Aadminisfrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be fried on a farm fo be prescribed by the Aadministrafar. The petiti©n shall include a summary of fhe proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicafing the existing and proposed zone district boundaries. !f 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 therefo. The owners` list shall include the names of all owners, their mailing and street addresses, and the legal description of fhe property owned by each. Accompanying the lisf shall6e stamped, addressed envelopes to each owner fo be used for the mailing of the notice of hearing, The petition also shall include such additr`onal information as prescribed by the Aadministrator. G. Griferia And Findings: 9. Zone District Boundary Amendment:• a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission cn~~' and Town Counciltewr~-se~si! steal! consider the following factors wifh respect to the requested zone district boundary amendment: b. !Necessary Findings: Before recommending and/orgranting an approval of an application for a zone district boundary amendmenf, fhe Planning and Environmental Commission plannrr5 ~~~ nn„ir„nmantoJ nnmrn:~+s+~c5n and fhe Town Councilse~si! shall make the following findings wifh respecf to fhe requested amendmenf: (1) Thaf the amendmenf is consistent wifh the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible wifh fhe developmenf objectives of fhe Toown; and 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application far an amendmenf to fhe regulations prescribed in this title, fhe Planning and Environmental CommlS5ion ~H~ Qr.d--efd'~~~rv~.Tel~fcsr~69rf7/FifS$iel~ and Town Gounciltaw.~ ~;;%~9si1 shall consider fhe following factors wifh respecf to the requested texf amendment: {l J The extent fo which the Text amendment furthers the genera! and specific purposes of the Zzoning Rfegulafions; and 13 {2} The extent to which the Text amendment would better implement and betterachfeve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the devefopmenf objectives of the T#own; and {5} Such ofher factors and criteria the Planning and Environmental Csommission and/or council deem applicable to the proposed text amendment. b. Necessary Findings.• Before recommending and/or granting an approval of an application for a texf amendment the Planning and Environmental Commissioner !P."~ nn~iirnmm~ni~i nnrs~mic+nirtn and the Town Councilfew,~-setmsil sha11 make fhe following findings wlfh respect to the requested amendment: D, Fee: The Town Council~~il shall set a fee schedule for petitions for amendment of the regulations of this tifle or a change in zone district boundaries, sufficienf to cover fhe cost of Ttown staff time and other expenses incidental to fhe review of fhe petition. E. Nearing: Upan filing of a petition for amendment or upon initiation of an amendment by the Town Counciltew--: oounsil, Planning and Environmental Commission , or Aadminisfrator, the Aadministratorshalf seta date for hearing in accordance with the provisions of subsections 12-3-6C and D of this Cshapter. F. Planning And Environmental Commission Recommendation: Within twenty {2Q} days of the closing of a public hearing on a proposed amendment, fhe Planning and Environmental Commission shall act on the petifr`on or proposal. The Csommission may recommend approval of the petition or proposal as inifiated, may recommend approval with such modifications as it deems necessary fo accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The Csommissi©n shall transmit ifs recommendation, together with a report on the public hearing and its deliberations and findings, to fhe Town Council~sil. G. Hearing By Town Council: Upon receipt of fhe report and recommendation of the Planning and Environmental Commissio~g the Ttown Csouncil shall set a date for hearing in accordance with subsection 12-3-6B of this Cshapter. H. Action By Town Council: Wifhfn twenty {2Q} days of the closing of a public hearing on a proposed amendment, the Town Council#~1 shall act on the petition or proposal. The Town Counci "shall consider but shelf not be bound by fhe recommendation of fhe Planning and Environmental Commissions'°nn:nr °~,~ ~.~_," ':~,-%cn. The Town Council#awer~sil may cause an ordinance to be introduced fo amend fhe regulations of this Title or to change zone district boundaries, eifher in accordance with fhe recommendation of the Ppfanning and Eenvironmental Csommission grin modified form, or the Csouncif may deny the petition. If fhe Ceouncil elects to proceed with an ordinance amending the regulations or changing zone district boundaries, orboth, fhe ordinance shall 14 be considered as prescribed by fhe charter of fhe Toown. GHAPTER 12-4: DISTf~IGTS €STABLISHED: 72-4-1: DESIGNATED: The following zone zen districts are established: Hillside Residential (HRJ District r.~,.+.r1^.,+i.,f ~ucati rlin+ri^+ Single-F#amily Residential ($FR} District rn c+irlnn+i.~l /C'Ce71 .,fin+rin+ Two- F#amily Residential (R} District rn nirlnn+i.~l fC11 r/i c•#rin+ Two- F#amily Primary/Secondary Residential (PS) District n ~'~ arE&~fi6t Residential Cluster (RC) District Bluster {~~6~--dis#~'iet Low Density Multiple-Family (COME} District /~ nh,fCi rlic+rin+ Medium Density Multiple-Family (NOME} Districf ~'^^°if„ r~,,,r+i^aa_f^.,,i,,, ({b49MF) ~~;r. High Density Multiple-Family (HDNI~ Dis#rict d^., ~i+„ r.,,,l+in/n fn r»if,r /Wfl8A~1 ,-+i c~+rin+ Housing (H}st Disfrlct PublicAccomomdation (PA} Districta~sser~aaae~a-t°a~ (RA}-~lis#is~ Commercial Core 1 (GC1) District sere '~ '~`''~' ~~°+r.nt Commercial Core 2 (CC2} District sere `' t~~`') gist Commercial Care (CC3} District Commercial Service Center (CSC} Disfrict,>~ervise s~°~GSGTb'isirist Arterial Business (ABD) District Heavy Service (NS) District se,~ise-(1~1~} district Lionshead Mixed Use 9 (LMU-?) District Mfr~~~c ' 4 Lionshead Mixed Use 2 (LMU-2} District r,.,iv^^' ~'n^ '' " "'"" '') dis#~isf Agriculfural And Open Space (A) District ~'~ _yrt^^ ~'~~ ,din+rin+ Outdoor Recreation(OR} District resreatr~n {~ri~ Natural Area Preservation (NAP} Districf ^r^~, ^r^~^.,,^+i^., ~A.IA IJf rlin+rin+ Ski BaselRecrea#ion (SBR} District Ski Base/Recreation 2 (SBR2} District ? (°~°`') distrisf Special Development (SOD) District r+n„n /nnrr,n n+ renn~ nfic+ricf Parking (P) District list General use Use (GU) District el.'cfr~} 12-4-2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district sha11 be deemed art exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use ar accessory use. CHAPTER 12-5: OFFICIAL ZONING MAP 72-5-2: FILING: The Official Zoning Map sha1J be fr`led in fhe aftrce of fhe Town Clerk and shall be identified by the signature of fhe Mayor, attested by the Town Gferk, and bear fhe Sea! of fhe T©wn under fhe fallowing words: 15 This is to certify that this is fhe Official Zoning Map referred to in Section 72- 5-7 of fhe Zoning Title, Town of Vail, Colorado, together with the date of fhe adoption of the ordinance codif<ed in fhe Zoning Tifle and fhe date of fhe most recent change in zone district boundaries shown thereon. 72-5-3: CHANGES: No change steal! be made in fhe zone disfriet boundaries yr ofher matter shown on the Oft<cial Zoning Map except by appropriate action of the Town Council in accord wifh Sections 12-3-9 through 12-3-7 of this Tifle. Any change adopfed by fhe Town Council shall be enfered on the O~cial Zoning Map promptly, together with an entry noting the date of the change and a brief description of fhe nature of fhe change, which enf_ry shall be attesfed by the Town Clerk. The date of fhe most recent change shall of all times be indicated on any copies of fhe O~cial Zoning Map subsequently reproduced. 92-5-5: INTERPRETATION OF BOUNDARIES: F, Where physical or cuffura! features existing on the ground are at variance with (hose shown on the Off<cial Zoning Map or in circumstances not covered by subsections A through E of this Section, fhe Town Council sha11 inferpref the zone district boundarr'es. 92-5-6: PROPERTY WITHOUT ZONE DISTi41CT DESIGNA 710N: CHAPTER 32-6: RESIDENTIAL DISTRICTS: 92-SA: HILLSIDE RESIDENTIAL (HR) DISTRICT ?'2-6A-1: PURPOSE: The Hillside Residential District is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Hillside Residential District ~~siae~-~adbn»' diistrict is intended fo ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to mainfain the desirable low density high qualify residential development of such sffes by establishing appropriafe site development standards. 92-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subfect fo issuance of a conditional use permit in accordance with fhe provisions of Cshapfer 98 of this Ttiffe: Bed and breakfasf as further regulated by section 12-14-?8 of #his title. Equestrian facilities focafed on eve (5) acre. minimum !of size area on properly bordering public land. Funiculars, and ofher similar conveyances. 12-68: SINGLE-FAMILY RESIDENTIAL (SFR;1 DISTRICT ?2-88-7: PURPOSE: The Single-family Residential District ~;n.y,o_forv,:r., .-n~„~rdnE;~r ~ is intended to provide Sites for low density single-family residential uses, together with such public facilities as may be appropriately focafed in the 16 • same zone disfriet. The Single-family Residential Disfriet Sir}~iI} residential ~istrast is intended to ensure adequate light; air, privacy and open space foreach dwelling, commensurate with single-familyoccupancy, and to maintain the desirable residential qualities of such sifes by establishing appropriafe site development standards. i2-tjB-3; CONDITIONAL USES: The following conditional uses shall be permitted, subjecf to issuance of a conditional use permit in accordance with the provisions of Cshapfer 16 of this Ttitle. Bed and breakfast as further regulated by secfion ~ 2-14-? $ of this title. Dog kennel Funiculars, and other similar conveyances. 12-6C: TWO-FAMILY RESIDENTIAL {R) DISTRICT 12-6C-7: PURPOSE: The Two-family Residential Distrief fi•r^ {emir„ .,,~;.~r°.,+:~~ ~~ is infended to provide sites forlowdensitysingle-familyartwv-famNyresidential uses, together with such public facilities as maybe appropriately located in the same zone district. The Two-family Residenfial District fwe-family r^~;, :I dis#ict is intended to ensure adequate light air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and fo maintain the desirable residential qualities of such sites by establishing appropriate site development standards.. 12-(iD: TWO-FAMILY PRIMARY/S~ECDNDARY RESIDENTIAL (PS) DISTRICT 72-6D-1: PURPOSE: The Two-family Primary/S+~condary Residential District ~y ~,',~~.. ;.1~,.^,.,,~r.,.,• ~„~;,+^.,+;.,r~t is infended t0 provide sifes forsingle- family residential uses yr two-family residenfial uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment together with such publr'c facilities as may appropriately be located in the same zone district. The Two-family Prirnary/Secondary Residential District """^ f^^n~f,. '~~;m°^r~r,~c~a-.°"~~=Fe"{=81 dls#i'ef !s infended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and fo rnainfain the desirable resr"dential qualifies of such sites by establishing appropriate site development standards. 92-fiE; RESIDENT1AL CLUSTER (RC) DISTRICT 92-5E-7: PURPOSE: The Residential Cluster District dis~ist 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 Gluster District ~" "~°^+"'' ^'~~ +^' dis#ri~ is intended fo ensure adequate Light, air, privacy and open space for each dwelling, 17 commensurate with residential occupancy, and to maintain the desirable residential qualities of fhe zone district by establishing appropriate site development standards. 12-SF.' L©W DENSITY MULTIPLE-FAMILY (COME) DISTRIGT.• 12-6F-~: PURPOSE: The tow Density Multiple Family District district is intended to provide sites for single-family, two-family and multiple-family dwellings at a densify not exceeding nine (~) dwelling unify peracre, fogefher wifh such public facilities as may appropriately be located in the same zone district. The Law Density Multiple Family District n naltiple-~ #amily ~t is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with law density occupancy, and fv maintain the desirable residenfia! qualifies of the zone district by establishing appropriate site development standards. 72-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT: 12-6G-1: PURPOSE: The Medium Density Multiple Family District lily dis#ri€f is intended to provide sites for multiple-family dweNings at densities fa a maximum of eighteen {?8) dwelling units per acre, fogether with such public facilities as may appropriately be located in fhe same zone district. The Medium Density Multiple Family District mo,~irrrn ,~„^~,f., ~~ alt;^'^ f^~^~Iy dis#~t is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to i maintain fhe 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. 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HOME) DISTRICT' 12-6H-1: PURP©SE: The High Density Multiple Family District '~~^~ ~'^^°~{~~ ~~~'frnrV ~~~4ily di~trist is intended to provide sites for multiple-family dwellings at densities tv a maximum of twenty Fve (25) dwelling units per acre, fogether wifh such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in fhe same zone district. The High Density Multiple Family District ~°~^hn,~„--dam{~y mrr-finfn f"mil~a ~~ i5 intended fo ensure adequate light, air, open space, and other amenities commensurate wifh high density apartment, condominium and lodge uses, and to maintain fhe desirable residenfia! and resort qualifies of fhe zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to fhe nature of Vail as a winfer and summer recreation and vacation community and, where permifted, are intended to blend harmoniously with the residential character of fhe zone district. 12-fit; HQUSING (H) DISTRICTS 18 12-61-?: PURP~C?SE; The Housing District i~et~sirrg disst is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. If is necessary In this zone dlsfrict to provide development sfandards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 72-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary fo the residential uses of the district. The Housing District >4eusi~ di~trist is intended to ensure that employee housing permitted In the zone district is approprlafely locafed and designed fo meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and ether amenities appropriate to the allowed fypes of uses. 92-81-17: flFVELQPMEN7 PLAN REQUIRED: A. Gompatibllity With latent: To ensure the unified development, the protection of fhe natural environment, the compatibility with the surrounding area and fa assure that developmenf in the Housing District #erfsir~ dot will meet fhe latent of the zone district, an approved' development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance wlfh section 92-61-12 of this article and shalt be submitted by the developerfo fhe Administrator ,who shall referif fo the Planning and Environmental Commission nr~nninei ~n.^t ~sniii..+...s...ni.,r eemmissieu, which shall consider the plan of a regularly scheduled meeting. C. Hearing: The public hearing before fhe Planning a,rid Environmental Corr~mission ~g--any' c. shall be held In accordance with section 12-3-6 of this title. The Planning and Environmental Commissr"on may approve fhe application as submitted, approve the application with condiflons or modi~cafions, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Gounci! in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within fhe Housing District lsi~ sfis#~ist. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A- 90 of this fide. ,F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Cshapter 19 ofthis title prior to the commencement of site preparation. 19 12-61-12: ,1EVELOPMENT PLAN CDNTEN7'S: The Aadminisfrafor steal! establish fhe submittal requr'remenfs for a development plan application. A complete list of the submittal requirements shall be maintained by thE-adminisfrator and filed in the Ddepartmenf of Csommunify Delevelopmenf. Certain submittal requirements maybe warred and/or modified by fhe Aadminisfrator and/or fhe reviewing body if if is demonstrated by the Aapplicanf that fhe information and materials required are not relevant to the proposed development or applicable to fhe planning documents That comprise fhe Vail Comprehensive Plan.€el~er-~i~e ,plan: The Administratvradm~rsti'[I'~fF 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 F4R EVALUATI©N: The following criferia shall be used as the principal means for evaluating a proposed development plan. If shall be the burden of fhe applicant to demonstrate that fhe proposed development plan complies wifh all applicable design criteria: E. Environmental impacfs resulting from fhe proposal have been identified in the project's Eenvironmenfal limpacf Rreport, if not waived, and all necessary mitigating measures are implemented as a part of fhe proposed development plan. GH'APTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: 12-7A: PUBLICAGCCIMM©DATIONSL?ISTRICT 12-TA-1: PURPOSE: The Public ~4ccomadation District ~g d'isttic~t dis~ist is intended to provide sites for lodges and residential accommodations far visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within fhe same zone disfrict.and compatible with adjacent land uses. The Public Aceomodation District ~ is intended fo ensure adequafe lighf, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualifies of fhe cone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacafion community, and where permitted uses are intended to function compatibly with fhe high density lodging characfer of the zone district. 12-7A-fi: SETBACKS: !n the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fwenty feel (2(?'}, and the minimum rear setback shall be twenty feel (20). Af the discretion of the Pplanning and 20 Eenviranmenta! Csommission and/or the Design Rreview B,~oard, variations to the setback standards aufGned above maybe approved during the review of exterior alternations or modificafions {section 12-7A-72 of this article) subject to the applicant demonstrating compliance with the following criteria: B. Proposed building setbacks comply wifh applicable elements of the Vail Vvillage Uurban Ddesign Gguide Pplan and Ddesign Csonsiderations. 72-7A-8: DENSITY CONTROL: Up to one hundred fifty (950) square feet of gross residential floor area {GRFA) may be permitted for each one hundred ("700) square feet of buildable site area. Final determination of allowable gross residential floor area steal! be made by the Pplanning and Eenvironmenta! Csommission in accordance with section 72-7A-72 of this article. Specitcally, in determining allowable gross residential floor area the Pplanning and Eenvironmental Csommission shall make a Ending thatproposed gross residential floorarea is in conformance with applicable elements of the Vai! Vvillage Uurban L}~esign Gguide Phalan and Ddesign Csonsiderafions. Tofal density shall not exceed Twenty eve {25) dwelling units per acre ofbuildable site area. For the purposes of calculafing density, employee housing units, accommodation units and fractional fee club units shalf not be counfed towards density. A dwelling unit in amultiple-family building may include one attached accomrnadafion unit no larger than one-third {7/3) of the total floor area of the dwelling. 72-7A-9: SITE COVERAGE: Site coverage shah not exceed sixty free percent {fi5/) of the tofa! site area. Final determination of allowable site coverage shall be made by the Pplanning and E'environmenta! Csommission and/or the Ddesign Rreview Sboard in accordance with sectr'an 72-7A-12 of this article. Specifically, in determining allowable site coverage the Pplanning and Eenvironmenfal Csommission and/or the [}design Rreview Bboard shall make a fr`nding that proposed site coverage is in conformance with applicable elements of the Vail Village Uurban D~lesign Gguide Pplan and design Csonsiderafions. 72-TA-77: PARKING AND LDADING: Off sfreetparking and loading steal! be provided in accordance with Gshapter 70 of this Tfitle. At feast seventy free percent {75°fo) 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 fronf setback subject to the approval of the Pplanning and Eenvironmenta! Csommission and/or the fls~esign Rreview B,~oard. 72-7A-72: EXTERIOR ALTERATIONS OR JlvlODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed 6y the Da~esign Rreview B:board in accordance with Cshapter 17 ofthis Ttitle. However, anyproject which adds 21 addifional dwelling units, accommodation units, fractional fee club unifs, any project which adds more than one thousand (1,fJ00} square feet of commercial floor area or common space, or any projecf which has substantial off site impacts (as determined by fhe Aadminisfratar} shall be reviewed by the Pplanning and Eenvironmental Csammission as a major exferiaralteration in accordance wifh this Gshapterand section 12-3-6 affhis Ttitle. Complete applications far major exterior alterations shall be submitted in accordance wifh administrative schedules developed by the [?deparfinent of Csammunify Dd'evelapment for Pplanning and Eenviranmental Csammission and Dsiesign Rreview Bboard review. The fallowing submittal Items are required: 1. Application: An application shall be made fay the owner of the building +~r the building owner's authorized agent ar representative on a form provided by fhe Aadministrator. Any application for condominiumized buildings shall be authorized by fhe condominium association in conformity wifh all pertinent requirements of fhe condominium association's declarations. 2. Application; Contents: The Aadministrafnr shall establish the submftta! requirements for• an exterioralteration ormadification application. A complete fist of the submittal requirements shall be maintained by fhe Aadminisfrator and fated in fhe Dslepartment of Csommunity Ddevelapment. Certain submittal requirements maybe waived and/ormodifred by the Aadministrator andlor fhe reviewing body if it is demonstrated by the appticant that the infarmaffon and materials required .are not relevant to .the proposed development or applicable to the planning documents that comprise fhe Vaif Ceomprehensive Phalan. The Aadminisfrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and ether materials if deemed necessary to property evaluate the proposal. 3. 'Work Sessions/Conceptual Review: !f requested by either the applicant or fhe Aadmfntstrator, submittals may proceed to a work session with the Pplanning and Eenvfronmenta! Csommission, a conceptual review with the Ddesign Rreview B,~oard, or a work session wifh fhe Ttown Csauncil. 4. Nearing: The public hearing before fhe Pplanning and Eenviranmental Ceommission shall be held in accordance with section 12-3-~6 of this title. The Plalannfng and Eenvironmental Csommission may approve fhe application as submitted, approve fhe application with conditions or modifications, or deny the application. The decision of the P,alannfng and Eenvironmental Csammission may be appealed fv fhe Ttown C4;ouncil in accordance with section 7 2-3-3 of this Ttitle. 12-7A-13: COfvlPL1ANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before fhe P~alanning and Eenvironmenfal Ceommissian and the De~esign Rreview Bboard that the proposed exterior alteration or new development is in compliance with fhe purposes of the Ppublic Aaccornmodafion s Ddr'strict, that fhe proposal is consistent with applicable elemenfs of the Vaif Village Mrxraster P~elan, the Vaif V~fllage U~rrban Ddesign Guide Pptan and fhe Vail Ssfreetscape tivlmaster P;elan, and Ebel fhe proposal does not otherwise have a significant negative effect an the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Csomprehensive Pplan. ~~ 1 ~-7A-74: MITIGATION OF DEVELOPMENT IMPACTS: Property ownersldevelapers shall also be responsible far mitigating direct impacts of ther'r development an public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based an reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelapmenf and will be determined by the P~Slanning and Eenvironmental Ccommission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited fo, the fallowing: deed restricted employee hauling, roadway improvements, pedestrian walkway improvements, sfreetscape improvements, stream tract/bank restoration, Ioadr""ng/delivery, public art improvements, and similarimprovements. The intent of this section is to only require mitigation for large scale redevelopment/developmenf projects which produce substantial off site impacts 12-7B: COMMERCIAL CORE 1 (CC1 } DlSTR1CT: 1 ~-76-9: PURPOSE: The Commercial Care 1 District is intended to provide sites and fa maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Care 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,Bis#~ist regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended fa ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting an pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 92-78-7: EXTERIOR ALTE13,4TIONS 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 raaflines, the replacement. of air existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to reviewby the Pplanning and Eenvironmental Csammissian (PEG} as follows: ~. Application: An application shall be made by the owner of the building or the building owner's authorized agent ar representative an a farm provided by the Aadministrafor. Arty application for condaminiumized buildings shall be authorized by the condominium association in canfarrrmify with all pertinent requirements of the condominium association's declarations. 2. Application; Gonfenfs: The Aadministrafor shall establish the submittal requirements loran exterior alteration ormodifrcation application. Acomplete list of the submittal requirements shall be maintained by the Aadministrafor and fried in the Dctepartment of Csammunify D~Ilevelopment. Certain submittal requirements maybe waived and/ormadifed by the Aadministrafor and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed 23 development or applicable to the planning documents fhaf comprise the Vail ` Csomprehensive P~elan. The Aadminisfraforand/orthe reviewr ng bodymay require the submission of addifional plans, drawings, specilicatr'ons, samples and other materials if deemed necessary to property evaluate fhe proposal. 3. Application Date And Procedures: Complete applications formajor exterior alterations shat! be submitted biannually on or before fhe fourth Monday of February or fhe fourth lVlonday of September. Submittal requirements shall include al! information in subsection A2 of this section, provided, however, fhaf fhe architectural ar massing model shall be submitted na Later than three (3) weeks prior to the fast formal public hearing of the Pplanning and Eenvironmental Csommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to fhe biannual submittal date deadlines. Af the next regularly scheduled Pplanning and Eenvironmental Csommission meeting fallowr"ng the submittal dates listed above, the Aadminisfrafor shat! inform fhe Pplanning and Eenvironmental Csommission of all exterior alteration submittals. The Aadminisfratorshall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Csommission meeting. b. Notwithstanding fhe foregoing, applications for fhe alferafion of an existing building which adds or removes any enclosed floor area of not more than one hundred (100} square feet, applications to alter fhe exterior roaflines of an existing building, applications far new outdoor dining decks and appGcatians for modifications to existing dining decks may be submitted on a designated submittal date for any regularly scheduled P~elanning and Eenvironmental Csommission meeting. Said applications shall be farmed a "minor exterior alferafion" The review procedures for a minor exterior alferafion shall be as outlined in this section., All enclosed floor area for an expansion or deletion pursuant fo this subsection A3b shall be physically and structurally part of an existing or new building and shall not be a freestanding structure. c. A single pr©perty owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100} square feet or less an a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Csommission at any of ifs regularly scheduled meetings. 4. Vllork Sessions: If requested by either fhe applicant or fhe Aadministrafor, submittals shall proceed to a work session with fhe Pplanning and Eenvironmental Csommission. The Aadminisfrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental Csommission meeting and shall cause notice of fhe hearing to be sent fa all adjacent property owners in accordance with subsection 12-3-6C of this title. Following fhe work session, and fhe submittal of any addifional material fhaf maybe required, fhe Aadministrator shall schedule a format public hearing before the Pplanning and Eenvironmental Csommission in accordance with subsection 12-3-6C of this T#ifle, 5. Hearing: The public hearing before fhe Pplanning and Eenvironmental Csommission shall be held in accordance with section 12-3-6 of this title. The Pplanning and Eenvironmental Csommission mayapprove the application as submitted, approve the application with conditions or modifications, ar deny fhe application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to fhe Ttown Csouncil in accordance with 24 section 12-3-3 of fhis Ttitle. 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before fhe P~alanning and Esnvironmental Csommission that the proposed exterior alteration is in compliance with the purposes of the CC7 Ddistrict as specified in section 12-7B-i of this arficle; that the proposal is consistent with applicable elements of the Vail V~i!lage Iasfer Pplan, the Ttown of Vail Ssfreetscape lV~aster Pplan, and fhe Vail Csomprehensive Pplan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Furfher, that the proposal substantially compiles with fhe Vail V~village Ut~rban Ddesign Gguide Pplan and fhe Vai! Village Ddesign Csonsiderafions, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, sfreetscape framework, street enclosure, street edge, building her'ght, views, service/delivery and sun/shade analysis; and that the proposal substantially complies wifh all other elements of the Vail Ceomprehensive Pplan. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by thr's Cshapter shall lapse and become void two {2J years following the date of approval of the major or minor exterior alteration by the P,elanning and Eenvironmenta! Csommission unless, priorfo the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. J. Design Review Board ,Review: Any modification or change to the exterior facade of a building orfo a site within fhe CC1 Ddisfrict shall be reviewed by fhe Ddesign ,RFeview 8board in accordance wifh Cshapfer 11 of this Ttitle. B. Compliance Burden: ft shalt be the burden of the applicant to prove by a preponderance of fhe evidence before fhe Ddesign Reeview Bboard that fhe proposed' building modification is incompliance with the purposes of fhe CC1 Ddistrict as specified in section 12-78-1 of this article; that the proposal substantially complies wifh fhe Vail Village Ddesign Csonsiderafions, and that fhe proposal does not otherwise alter the characferofthe neighborhood. 12-78-8: COIVDITIQNAL USES; FACTCJRS APPLICABLE: In considering, in accordance wifh Cshapfer 16 ofthis title, an application for a conditional use permit within Csommercial Clore 1 Ddistricf, fhe following development factors shat! be applicable: A. Effects of vehicular traffic on Csommercial Clore 1 Ddistrict. B. Reduction of vehicular traffic in Csommercial Clore 1 Ddistricf. F. Continuance of the various commercial, residential, and public uses in Gsommercial Clore 1 Ddistricf so as to maintain fhe exisfing character of the area. G. Control quality of construction, architectural design,. and landscape design in Ceommercial Clore 1 Ddistrict so as to maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and ofher factors on the environment of Csommercial Clore 1 Ddistricf. 12-7B-3: ACCESSORY USES: The following accessory uses shall be permitted in the CC1 Ddistricf: 12-78-11: SETBACKS: 25 There shat/ be na required setbacks, except as may be esfablished pursuant to the Vai! Village Ddesign Gguide Pplan and D€lesign Csonsiderations. 72-78-12: NEIGNT.~ Height shall be as regulafed in the Vai! Vvillage U~rrban Ddesign Gguide Pplan and Dslesign Csonsideratians. 72-78-73: DENSITY CONTROL: Unless othenrise provided in the Vai! Vvillage Ut~rban Dalesign Gguide Pplan, not more than eighty {80} square feet of gross residential floor area {GRFA) shall be permitted for each one hundred {70(?) 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 (7/2J of a dwelling unr'f for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit na larger than one-third {7!3) of fhe fatal floor area of the dwelling. 72-78-74: RECONSTRUC710N OF J~XISTING USES; GENERALLY:' If an y building or structure located within C,ammercia! Core 7 Dalisfrict an June 7, 797$, is subsequently destroyed by frre or ofher casualty to the degree provided in section 72-18-9 of this title, fhat structure or building maybe reconstructed to the same orsubstantiallythe same size, dimensions, lot coverage, and height in accordance with the procedures auflined in section 72-78-9 of this title, so long as the appearance of fhe building or sfructure is the same or substantially the same as existed prior to its destrucfian. 72-78-75: SITE COVERAGE: Site coverage shall not exceed eighty percent (80%) of fhe total site area, unless otherwise specified in the Vail Vvillage Ur~rban Ds~esign Gguide Pplan and Dsdesign Csansideratons. In Commerciai Care District seal sere 7 a~istrist, ground level patios and decks shat! be included in sife coverage calculafions. 72-7f3-76: LANDSCAPING AND S1TE DEVELOPMENT: No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in fhe Vail V+rillage De!esign Csansiderafions as adopted in section 72-78-20 of this article. 72-7B-17: PARKING AND LOADING: Off sfreet parking and loading shall be provided in accordance wdh Cshapter 10 of this title; provided, that na parking shall be provided an sife. All parking requirements shall be met in accordance with the previsions of Cshapter 1 D of this Ttifle. Loading requirements shall canfinue to be applicable to properties within Commercial Core District 7 dis~ist; ;e~ided; provided that no loading areas shall be located in any required front setback area. • 26 12-78-19: RECONSTRUCTION QF EXISTING USES; COMPLIANCE REQUIRED: Any bur`Iding or strucfure located within Commercial Gore 7 Disfricf list-rrct may be reconstructed to the same or subsfantially the same enclosed floorarea in accordance with the procedures outlinedin section ~2- 98-9 of fhis fifle. The buildr'ng, however, shall substantially comply with the applicable provisions of fhe Vail V~iNage Urban Ddesign +Gguide Pplan and Do'esign Csansiderations. 12-78-20: VAIL VILLAGE URBAN DESIGN PLAN: A. Adopfion: The Vail V~r'llage Durban Ddesign Gguide Pplan and Ddesign Csonsiderations are adopfed for fhe purposes of maintaining and preserving the character and vitalify of the Vail village (CC 1) and fo guide fhe future alteration, change and improvement in CG1 Dd'isfricf. Copies of fhe Vail Village Da-esign Gguide P,plan and Ddesign Csonsiderafions shall be on frle in the D~lepartmenf of Ceommunify D~levelopment. B. Revisions: Revisions to the Vail Village U~+rban Ddesign Gguide P,elan and Da`esign Csonsiderations shall be reviewed by the P,elanning and Eenvironmental Gsommission wifh official actr'on to be fakers by fhe Ttown Gsouncil by resolution on a semiannual basis fa ensure that the plan reflects the purposes and intent for which it has been adopfed. The review and action shall take place within thirty (30) days following the public hearing' on fhe applications. 72-7C: COMMERCIAL CORE 2 {CC2) DISTRICT; 72-7C-1: PURPOSE: The Commercial Core 2 Dlsfrlcf district is intended fa provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District dist~t in accordance wifh fhe Vail Village Durban Ddesign Gguide Pplan and Ddesign Csonsiderations, as adopted in section 72-7C-95 of fhis article is intended to ensure adequate light, air, open space and ofheramenities appropriate fo the permitted types ofbuilding and uses and fo maintain the desirable qualities of fhe zone district by establishing appropriate site development standards. ~2-7C-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Core 2 District distr-isf or enlargement of any existing Commercial Core 2 District e'istxict by change of zone district boundaries, the 7town Csouncr'l shall by resolution adopt a genera! development plan for the praposed zone district. The general development plan may be prepared by an applicant for fhe establishment of such zor+e district or may be prepared by the Ttown. The development plan shall be submitted fa the P;~lanning and Eenvironmental Gsommission far review, and the P~Slanning and Eenvironmental Gsommission shall submit its findings and recommendations on the plan to the Ttown Csouncil. B. Development Plan Content: The Aadminisfrator shall establish the submittal requirements far a development plan application. A complete list of 27 fhe submiftal requirements shall be maintained by the Aadministrafar and filed in the Ddepartment of ~ammunify Ddevelopmenf. Certain submittal requirements maybe waived and/or modified by the Aadministrafar and/or fhe reviewing body if # is demonstrated by the applicant fhaf the information and materials required are not relevant to fhe prnpnsed development or applicable to fhe planning dacuments that comprise the Vail Csornprehensive Pplan. The Aadminisfratorand/orthe reviewing bodymay require the submission afaddifional plans, drawings, specifications, samples and other materials if deemed necessary fn 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 fhe Ddesign R,review B~aard in accordance with Cshapter 17 of this Ttifle, shall substantially conform to the developmenf plan adapted by fhe Ttown Csvuncil. 92-~C-3: PERMITTED AND CONDITIQNAI_ USES: fn the CC2 Districtelistrisf, permitted and conditional uses forspecific floors shall be fhe same as those permitted in the ComrnercJaJ Core seefsial safe ? District ~ as prescribed by sections 72-78-2 through 92-78-5 of this Cshapter. Retail stares and esfablishments shall not occupy more than eight thousand (8,0(?0} square feet of floor area. 12-7C-5: EXTERIOR At.TERATIUNS C?R MODIFICATIQNS: A. Review Required: The construction ofa newbuildirrg, 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 ar the madificafion of an existing outdoor dining deck shall be subject to reviewby the PSlanning and Eenvironmental Csommission (PEC} as follows: 1. Applicafion: An application shall be made by the owner of the building ar fhe building owner`s authorized agent or representative an a form provided 6y the Aadministrafar. Any application for condnminiumized buildings shall be authorized by fhe condominium association in conformity with al! pertinent requirements of fhe condominium association's declarations. 2. Application; Contents; The Aadministrafar shall establish fhe submittal requirements loran exterior alteration ormadifrcation application. A complete list of the submittal requirements shall be maintained by fhe Aadministrafar and filed in fhe Ddepartment of Csnmmunity Dstevelopmenf. Certain submittal requirements maybe waived and/ormndifred by the Aadministrafar and/ar the reviewing body if it is demonstrated by the applicant fhaf the information and materials required are not relevant to the proposed development or applicable to fhe planning dacuments that comprise fhe Vail Gsomprehensive Pplan. The Aadminisfratorand/orthe reviewing bodymay require fhe submission of additional plans, drawings, speci~cafions, samples and other materials if deemed necessary fa properly evaluate fhe proposal. 3. Application Date And Procedures: Complete applications formajor exterior alterations shall be submr`tfed biannually on or before fhe fourth Monday of February ar the fourth Monday of September. Submittal requirements shall 28 include all information in subsection A~ of this section; provided, however, fhaf the architectural ormassing model shall be submitted no laferfhan three (3) weeks prior to the !'rrst formal public hearing of the P,planning and Een vironmental Ceammission, No public hearings or work sessions shall be scheduled regarding exterior alterafions prior to the biannual submittal date deadlines. At the next regularly scheduled Pptanning and Eenvironmenfal Csommission meeting following the submittal dafes Iisted above, the Aadminisfratorshaflinfoim the Pplanning and Eenvironmental Ceommission of al! exterior alterafion submittals. The Aadminisfrator shall commence with the review of exterior alterations following this initr'al Pplanning and Eenvironmenta! Gsommission meeting. c. A single property owner may submit an exterior alteration proposal which removes orencloses tloorarea of one hundred (1(~0) square feet orless on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Csommission at any ofifs 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 PpJanning and Eenvironmental Csommission. The Aadminisfrafor shall schedule the work session of a regularly scheduled Pplanning and Eenvironmental Csommissian meeting and shall cause notice of the hearing fa be sent fo all adjacent property owners in accordance with subsection 92-3-6C of this title. Folfowing the work session, and the submittal of any additional material that maybe required, the Aadminisfrator shall schedule a formal public hearing before the Pplanning and Eenvironmenfa! Csommission in accordance with subsection 12-3-6C of this title. 5. Hearing: The public hearing before the Pplanning and Eenvironmental Cs+ornmission shall be held in accordance with section 92-3-6ofthr`s title. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the applicafr'on with canditians or modifications, or deny fhe application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to the Ttawn Csouncil in accordance with section 1Z-3-3 of this title. 6. Compliance With Applicable Comprehensive Plans.• It shall be the burden of the applicant fo prove by a preponderance of the evidence before fhe Pplanning and E'environmental Csommission that fhe proposed exterior alteration is in compliance with the purposes of the CC2 Dslisfrict as specified in section 12-7C-9 of this article, that fhe proposal is consistent wifh applicable elements of the Vail V+~illage U~rrban Delesign Gguide Pplan and fhe Vail Village +Ddesign Csonsideratians, and that the proposal does not otherwr`se negatively alter the character of fhe neighborhood; and fhaf fhe proposal substantially complies with all ofher applicable elemenfs of the Vail Csomprehensive P~elan. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this article shall lapse and become void two (2} years fallowing fhe date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Csommission unless, prior fo the expiration, a building permit is issued and constructr`on is commenced and diligently pursued to completion. 9. Design Review Board Review. Any modification or change to the exterior facade of a building ar to a site within the CC2 ~isfrict shall be reviewed by 2° the Ddesign RFeview Bboard in accordance with Cshapter 11 of this fifle. B. Compliance Burden: 1f shall be fhe burden of the applicant to prove by a preponderance of fhe evidence before the Delesign Rreview Bboard fhat fhe proposed building modil'lcafion is in compliance with the purposes of fhe CC2 Dr4istrict as specified in section ~ 2-7C-~ of Phis article; fhaf the proposal substantially complies with the Vail V~ilfage Ddesign Csonsiderations or that the proposal does not otherwise after fhe character of the neighborhood. 12-7C-6: ACCESSDRY USES: The fallowing accessory uses shall be permitted in fhe GC2 Dd'isfricf: 12-7C-8: SETBACKS: 1n fhe CC2 Ddistricf fhe minimum front setback shall be fen feet (10); the minimum side setback shall be ten feet (10 J; and fhe minimum rear setback shall be fen feet (10'1 unless otherwise specified in fhe Vail Village Durban Dcfesign Gguide Pplan and Dsfesign Csonsiderafions. For a flat roof or mansard roof, fhe height of buildings shall not exceed forty five feet (45"}. For a sloping roof, the height of buildings shall not exceed forfy eight feet {48'}. These restrictions pertain unless otherwise specified by fhe Vail- Vvillage U,urban De!esign Gguide Pplan and Durban Ddesr`gn Ceonsiderations. 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail Vvillage Ut~rban Ddesign Gguide Pplan, not more fhan eighty (80J 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 true (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 r'nclude one attached accommodation unit no larger than one-third (1/3} of fhe total floor area of fhe 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 Village U+urban Ddesign Gguide Pplan and Ddesign Ceonsiderafions. 12-7C-12: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20°0} of the total site area shall be landscaped unless otherwise specified in the Vail Vvillage Ur~rban Dd'esign Gguide PS1an and Ddesign Csonsiderafions. 12-7C-15: VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIQNS: A, Adoption: The Vail Village Durban Ddesign Gguide Pplan and Ddesign Csonsiderations are adopted far fhe purpose of maintainr'ng and preserving fhe character and vitality of Vail village (CC2} and to guide fhe 3q future alferations, change and improvement in the CC2 Ddistrict. Copies of the Vail V+~illage Uurban Ddesign Gguide Pplan and Ddesign Csonsiderations steal! be on fife in the Ddepartment of Csommunify Ddevelopment. B. Revisions: Revisions to the Vail Village Uerban Ddesign Gguide Pp1an and Da(esign Csonsiderafionssteall be reviewed by the Pplanning and Eenvironmenfal Csommission with official action fo be faker by the Ttown Csouncil by resolution on a semiannual basis to ensure That the plan reflects the purposes and rntenf for which it Has been adopted. The review and action shall fake place within thirty (30) days following the public hearing on fhe applicafions. 72-7D: COMMERCIAL CORE 3 (CC3) DISTRICT 12-7D-1.' PERMITTED USES: The following uses shall be permitted in the Commercial Core serial sere 3 District a4~s#-dsf: 12-7D-2: CONDITIONAL USES: The following condr'tr`ona! uses shall be permitted in fhe Commercial Core 3 District distrisf; subject fo issuance of a conditional use permit in accord with fhe provisions of Cshapter 16 of this Ttiffe.• 12-7D-3: ACCESSORY USES: The following accessory uses shall be permitted in the Commercial Core 3 District d'ist: 12-7D-5: SETBACKS: In fhe Commercial Core 3 District dis#ist, fhe setback shall be twenty feet (20) on all exterior boundaries of the zone district. 92-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRlC7 12-7E-1: PURPtJSE: The Commercial Service Center District is intended to provide sites far 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 distric# Wit. 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^^~~^r^~•~, ~^^~~^^ ^°^~°~•District~list€istorenlargemenfof zone district boundaries, the T#own CsouncN shall by resolution adopt a general development plan for the proposed zone district. The development plan may be prepared by an applicant for fhe establishment of the zone district or may be prepared by the Ttown. The development plan shall be submitted to fhe Pplanning and Eenvironmental Csommission for review, and 31 fhe Pplanning and Eenvironmenta! Csommission steal! submit ifs frndings and recommendations on the plan to the Ttown Csouncil. B. Plan Content: The Aadministrator shall establish the submittal requirements far a development plan application. A complete list of the submitfal requirements shall be maintained by the Aadministratarand filed in the Da~eparfinent of Csammunify Ddewelapmenf. Certain submittal requirements maybe waived and/or modified by fhe adrninisfrator and/or the reviewing body ifit is demonstrated by fhe applicant that the informafion and materials required are not relevant to the proposed development or applicable to the planning documenfs that comprise the Vail Csomprehensive Pptan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fo properly evaluate the proposal. C. Plan To 8e Guide: The developmenf plan shall be used as a guide for the subsequent development of sites and fhe design and location of,buildings and grounds wifhrn the aorre district. AtI plans subsequently approved by the Ddesign Rfeview Bboard in accordance with Cshapfer 19 of this Ttifle shall substantially conform fa wife the development plan adopted by the Ttown Csouncil. 12-7E-4: CONDlTlONAL USES: The following conditional uses shall be permitted in the CSC Ddistrict, subject to issuance of a conditional use permit in accordance wifh the provisions of Cshapter 9 6 of this Ttitte.~ 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC Dslistrict: 72-7E-7: SETBACKS: !n fhe CSC Ddistrict, fhe minimum front setback shall be Evenly feef {20), fhe minimum side setback shall be twenty feef {2C1'}, and the minimum rear setback shall be twenty feef (20). 12-7F: ARTERIAL BUSINESS (ABD} DISTRICT 12-7F-1: PURPOSE: The Arterial Business District aris~xist is intended fa provide sites for office space, public utilities, service stations, limited tight industry having na adverse environmental impacts that provides significant on site tourist amenities and limifed shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. Multiple- family dwellings for use as employee housing will be appropriate under specifrc circumstances. The Arterial Business District dilstrrst is intended fo ensure adequate light, air, open space, and ether amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient {limr'ted} shopping, business, service, and residential environment. 12-7F-2: GENERAL CIRCULATION AND ACCESS PLAN: A. Plan Required: Prior to any Ddesign R,review Bboard approval far a building in fhe Arteerial B,~usiness Dd'isfrict or enlargement of an existing 32 Aarferial ,6business Ddistricf by change of zone district boundaries the Ppfanning and Eenvironmental Csommission shall adopt a general circulation and access plan far the proposed zone disfrr`ct. B. Plan Content: The Aadminisfrator shall establr'sh the submittal requirements for a general circulation and access plan applicafion. A complete Iisf of the submittal requiremenfs shall be maintained by the Aadmirrisfratorond filed in the Ddeparfinent of Csommunity Ddevelopmenf. Certain submittal requirements may be waived and/or modified by the Aadminisfrator andlor fhe reviewing body if if is demonstrated by fhe applicant thaf fhe information and materials required are not relevanf f® fhe proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadminisfrator andlor fhe reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate fhe proposal. C. Plan Used As Guide: The general circulation and access plan shall be used as a guide for fhe subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequenfly approved by the Ddesign i4xeview Bfioard in accordance with Cshapter f 9 of this Tfitle shall subsfanfially conform fo the plan adopted by the P;~lanning and Eenvironmental Csommission. D. Amendments To Plan: The genera! circulation and access plan can be amended by the Pplanning and Eenvironmental Csommission of 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 freatmenf and benches, must be submitted and approved by fhe Ddeparfinenf of Csommunity Dd'evelopmenf. f 2-7F-3: PERMITTED USES: The following uses shall be permitted in the Arterial Business arts ~~1 District district: 12-7F-4: CONDITIUNAL USES: A. Enumerated: The following conditional uses sha11 be permitted in the Aarferial Bbusiness fldistricf, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapfer 96 of Phis Tfitle: 13. Subject To Review: The following uses shall be pernitted on the fast (street) level floor Wlthln a structure subject t© the i55uance Of a COndlflonal use permit and are listed as such due to their potential individual and cumulative impacts ofgenerafing traffic in the Aarterial Bbusiness Ddisfricf and will receive review under fhe provisions of Gshapter 16 of this Tfitle with specific emphasis on the criteria of traffic generation: 12-7F-5: ACC,ESSURY USES: The following accessory uses shall be permitted in the Aarterial Bbusiness D~fisfrict• 33 72-7F-7: SETBACKS: In the Aarterial B,business Ddistrict, setbacks shall be as follows: 12-7G: HEAVY SERVICE (HS) DISTRICT: 12-7G-7: PURPOSE: The Heavy Service Disfricf is intended to provide sites for autamotive- 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 characferistics, appearance and potential for generating automotive and truck traffic, all uses in the Neavy Service District are subject to the conditional use permit procedure. 1n 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 ~t in order to protect adjoining uses from adverse influences. 12-7H: LIONSNEAD MIXED L1SE 7 (LMU-1) DISTRICT: 72-7H-7: PURPOSE: The Lionshead Mixed Use 1 District is intended fo provide sites for a mixture ofmultiple-family dwellings, lodges, hotels, fracfional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unifred development. Lionshead Mixed Use 7 District, r"ra accordance wifh the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to fhe permitted types of buildings and uses and to maintain the desirable qualifies of the zone districf District by establishing appropriate site development standards. This zone district Dis#~ist is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. ~ 2-7H-6: ACCESSORY USES: The following accessory uses steal! be permitted in the Lionshead Nlmixed Uuse 7 Ddistrict: ~2-71-1-7: EXTERIOR ALTERATIONS OR MOD11=1CAT10NS: 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 subsection B of this section shall be reviewed by the De~esign Reeview Bboard in accordance with Cshapter ? ? of this Tt`if1e. 1. Submittal Items Required: The submittal items required for a project that is not a major exferior alteration shall be provided in accordance with section 12-1 ?-4 of this title. 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 (?,D00) square feet of commercial floor area or common space, ar any project which has substantial off site impacts (as determined by fhe Aadminisfrator) shall be reviewed by the P,elanning 34 and Eenvironmenta! Csommisslon as a major exferior alferafion in accordance with this Cshapfer and section 92-3-6 of this Tfitle. Any project which requires a conditional use permit shall also obfain approve! of the Pplanning and Eenvironmental Csommission in accordance with Cshapter ~ 6 of this Ttitle. Complete applications far major exferior alferafions shall be submitted in accordance wifh administrative schedules developed by the Delepartmenf of Gsommunity Ddevelapment for Pplanning and Eenvironmental Csommission and Ddesign Rreview Bboard review. ~. Submittal lfems Required, Major Exferior 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 represenfative on a farm provided by the Aadminisfrator. Any application far 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 Aadministrafor shall establish the submittal requirements for an exterioralterafion ormodifrcation applicafr`on. A complete List of the submittal requirements shall be maintained by the Aadminisfrator and filed in the Dd'epartment of Csommunity Delevelopment. Certain submiftal requirements ma y be waived and/or modified try the Aadministratar 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 ar applicable to the planning documents that comprise the Vai! Csamprehensive Pplan. The Aadministraforand/arthe reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fo properly evaluate the proposal. C. MNork Sessions/Concepfua! Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session wifh the Pplanning and Eenviranmenta! C,sommission, a conceptual review with the Ddesign R,review B,board, or a work session wifh fhe Tfown Csouncil. p. Hearing: The public hearing before fhe Pplanning and Eenvironmenfa! Csommission sha11 be held in accordance wifh section 92-3- 6 of this title. The P,pJanning and Fenvironmenfal Csommission may approve ` the app/icafion as submitted, approve fhe application wifh conditions ar modifications, or deny the application. The decision of the P~slanning and Eenvir©nmental Gsammission may be appealed to fhe 7~`own Csouncil in accordance wifh section 92-3-3 of this Title. 12-~H-8: CCMPLlANC€ BU1=?DEN: !t shalt be fhe burden of fhe applicant to prove by a preponderance of fhe evidence before the Pplanning and Eenvironmentaf Csommission and the Ddesign Rreview Bboard that the proposed exterior alferafion or new development is in compliance with the purposes of the Lionshead Mfxed Use ~~„-. 1 ^is#rict c~istrist, that fhe proposal is consistent with applicable elements of the Lionshead Rredevelopmenf AM~asfer Pplan and that the proposal does not otherwise have a significant negative effect on fhe character of fhe neighborhood,. and that the proposal substantially complies with other applicable elements of the Vail Gsomprehensive Pplan. 12-7H-10: SETBACKS: 35 The minimum buAding setbacks shall be ten feel (10) unless otherwise specified in fhe Lionshead Rredevelopmenf MnaasterP,elan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height ofsevenfy one feet (7?) with a maximum height of 82.5 feet, as furtherdefrned by the Lionshead Rredevebpment Master P~elan. A1! development shall comply with fhe design guidelines and standards found in the Lionshead Rredevelopmenf Mnaaster Pplan. Flexibilify wifh the standard, as incorporated in fhe Lionshead Rredevelopmenf Master Pplarr, shall be afforded to redevelopment projects which meet fhe Intent of design guidelines, as reviewed and approved by fhe Ddesign Rreview Bboard. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of fhe fatal life area, unless otherwise specified r'n the Lionshead Rredevelopmenf MmasferPplan. 12-7H-75: LANDSCAPING AND SITE DEVELOPMENT: Af feast twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Rredevelopmenf MrnasferP;elan. 12-7H-18: MITIGATJON OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mifigafion shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mifigafion and public amenity improvements shall be balanced with fhe goals of redevelopment and wil! be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited fo, fhe following: roadway improvements, pedestrian walkway improvements, streefscape improvements, stream fract/bank improvements, public art improvements, and similarimprovements. The intenf of this section is to only require mitigation for large scale redevelopmenf/develapment projects which produce substantial off life impacts. 72-71: LIONSHEAD MIXED USE 2 (LMU-2j DISTRICT 12-71-~: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sr'tes fora mixture ofmultiple-family dwellings, Dodges, hofels, fractional fee clubs, Time shares, lodge dwelling unify, resfaurants, o~ces, skier services, fight industrial activities, and commercial establishmenfs in a clustered, unified deveJopmenf. Lionshead Mixed Use 2 Distrrcf, in accordance with the Lionshead Redevelopmenf Masfer Plan, is intended to ensure adequate lighf, air, open space and otheramenifies appropriate fo fhe permitted types of buildings and uses and to mainfain fhe desirable qualities of the zone district Dis#~rict by establishing appropriate site deveJopmenf standards. This zone district ~t is meant to encaurage and provide incentives for 36 redevelopment in accordance with the Lionshead Redevelopment Master Plan. 92-71-6: ACCESSORY USES: The following accessory uses shall be permitted in the Llortshead Muted Use 2 Dr'strictl~~ ~s 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction ofa new building or the alteration of an existing building shall be reviewed by the t3design Reeview Bboard in accordance with Cshapfer 19 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare unify, any project which adds mare than one thousand (9,#00) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrafor) shall be reviewed by the Pplanning and Eenvironmental Csommission as a major exferioralferation in accordance with this Cshapterand section 92-3-6ofPhis Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmenfal Commission in accordance with Cshapfer 96 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Csommunity Ddevelopment for Pplanning and Eenvironmenfal Csommission and Ddesign ftfeview hoard review. ~. Submittal Items Required: The following submittal items are required: ?. 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 Aadministrafor, ArPy application for condominiumized buildings shall be authorized by the condominium association in conformity with aII pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadrninistrator shall establish the submittal requirements foran exterioralteration ormodifrcafion application. A complete list of the submittal requirements shall be maintained by the Aadministrator and fled in the De(epartmenf of Csommunity Ddevelopment. Certain submittal requirements maybe waived and/ormodifred by the Aadminisfrafor and/or the reviewing body if if is demonstrated by the applicant that the information and materials required are not relevant to the proposed development orapplicable to the planning documents that comprise the Vaif Csomprehensive Pplan. The Aadministrafor and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to property evaluate the proposal. C. Work Sessions/Concepfual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session wr'th the Pplanning and Esnvironmentaf Csommission, a conceptual review with the Ddesr`gn Rr'eview Bboard, or a work session with the Ttown Csouncil. D. Hearing: The public hearing before the Pplanning and LFenvr'ronmenfaf Csommission shall be held in accordance with section 92-3- 6 offhis title. The Pplanning and E'environmenfal Gsommission mayapprove the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning .and 37 Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with section 72-3-3 of Phis fide. 72-71-8: C©MPLIANCE BURDEN: It shall be the burden of the applicant fa prove by a preponderance of the evidence before the Pplanning and Eenvr`ronmental Csommission and the t?e~esign Rreview B,hoard that the proposed exterior alteration or new development is in compliance with the purposes ofthe Lionshead Mixed Use ~e 2 District sf+strisf, that the proposal is consistent with applicable elements of the Lionshead Rredeveopmenf Master Pplan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that fhe proposal substantially complies with other applicable elements of fhe Vail Csomprehensive Pplan, 72-71-70: SETBACKS: . The minimum building setbacks shall be fen feet (70) unless afherwise specified in the Lionshead Rredevelopment Mmaster Pslan as a build fo line. 72-7l-7 7: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (77') with a maximum height of 82.5 feet, as further defined by fhe Lionshead Rredevelopment Mxnaster Pplan. All development shall comply with the design guidelines and standards found in fhe Lionshead R,redevelopmenf Master Pplan. Flexibility with the standard, as incorporated in fhe Lionshead Rredevelopment Mr~aster Pplan, shall 6e afforded to redevelopment projects which meet fhe infenf of design guidelines, as reviewed and approved by fhe Ddesign Rreview Bboard. 72-71-74: 51TE COVERAGE: Site coverage shat! not exceed seventy percent (7U l ~ of the focal site area, unless otherwise specified in fhe Lionshead Rredevelopment Mmaster Pplan. 72-7I-75; LANaSCAPING AND SITE DEVELOPMENT: At least fwenfy percent (20f) of fhe tofal sife area shall be landscaped, unless otherwise specified in fhe Lionshead Rredevelopment Mmaster Pplan. 72-71-78: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in alI 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 6e balanced with fhe goals of redevelopment and will be determined by the PlSlanning and Eenvironmenfal Csommission in review of development projects and conditional use permits.. Mitigation afimpacfs mayinclude, but is not fimifed to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream fract/bank improvements, public art improvements, and similar improvements. The infenf of this sectr"on is fo only require mitigation for large scale redevelapmentldevelopmenf projects which produce substantial off sife impacts. 38 CHAPTER 12-8. OPEN SPADE AND RECREATION DISTRICTS 12-8A: AGRICULTURAL AND OPEN SPACE (A) DISTRICT 12-8A-1: PURPOSE: The Agricultural and Open Space Disfricf is intended to preserve agricultural, undeveloped; or open space (ands from intensive development white permitfing agricultural pursuits and Low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational faciGfies and institutions also are suitable uses in the Agricultural and Open Space Disfrict, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude infensive urban development and tv maintain the agricultural and open space characteristics of the zone district District. 12-88: OUTDOOR RECREATION (OR) DISTRICT 12-88-1: PURPOSE: The Outdoor Recreation Disfricf ~t is intended fo preserve undeveloped or open space (ands fram intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-88-6: SETBACKS: In the OR Ddisfricf, the minimum setback shall be twenty feet (2©'} from all properfy lines, except as may be further restricted by the Pplanning and Eenvironmenta! Csommissian in conjunction with the issuance of a conditional use permit in accordance with the provisions of Cshapter ? 6 of this Ttitle. 12-8B-1g: LANDSCAPING AND SITE DEVELOPMENT: Landscape requirements shall be determined by the Dslesign Rfeview t3,board in accordance wifh Cshapter 11 of this Ttitle. 12-88-12: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of farad in the Ouuddoor Rrecreation Ddistrict are found in Cshapter 74 of this Ttitle. 12-8C: NATURAL AREA PRESERVATION (NAPS DISTRICT 12-8C-3: CONDITIONAL USES.' The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accardance with the provisions of Chapter 96 of this Title: Equestrian trails, used only to access National forest system Lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and 'unpaved, r~on-motorized nenmeteri~ed, bicycle paths and pedestrian walkways. Picnic tables and informal leafing areas. Other uses cusfamarily incidental and accessory fa permitted or conditional 39 uses and necessary for the operation thereof, with the exception ofbuildings. J2-SD: SKI BASE/RECREATION (SBR) D1STRlCT 72-8D-3: CaND1T1ONAL USES: The following conditional uses shall be permitfed in the Sski Sbase/Rrecreafion De~istrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: J2-8D-4: ACGESSORY USES: The foNowing accessory uses shall be permitted in Sski Bbase/Rrecreafion Dcfisfricf: 12-t3D-5: LOCA T1QN OF BUSINESS ACTIVITY: All offices and refail sales conducted in the Sski Bbase/Rrecreafion Ddisfrict shall be operafed and conducted entirely within a building except for approved special events and food and beverage vending. J2-$D-(i: DEVELOPMENT PLAN REQUIRED: A. Compatibility I/Vith Infent:~ 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 S,~ase/Rrecreafr'orr Ddistrict will meet the intent of fhe rare district, a development plan shall be required. D. Plan Process And Procedures: The proposed development plan shall be in accordance with section J 2-80-7 of this article and shall be submitted by the developer to the Aadministrafor, who shall refer it to the P;elanning and Eenvironmental Csommission, which shall consider the plan at a regularly scheduled meefing. A report of the P~Blanning and Eenvironmental Gsommission stating its findings and recommendations shall be transmitted to the Ttawn Csouncil far approval in accordance with fhe applicable provisions of section 12-J ti-6 of this title, C. Plan As Guide: The approved development plan shall be used as the principal guide far all development within the Sski Bhase/Rrecreafion t]disfrict . E. DRB Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the D+elesign Rreview Bboard in accordance with the applicable provisions of Cshapter J J of this T#itle prior to the commencement of site preparafion. J2-8D-7: DEVELOPMENT PLAIT! CONTENTS: The Aadnainisfrator shall establish the submittal requirements for a development plan application. A complete lisf of the submittal requirements shall be maintained by the Aadministrator and tiled in fhe Ddepartmenf of Csommunity ()development. Certain submittal requirements maybe waived and/or modified by the Aadministrafor andlor the reviewing body if it is demonstrated by the applicant that the infomlatian and materials required are not relevant to fhe proposed development or applicable to the planning documents that comprise fhe Vai! Csomprehensive Pplan. The Aadminisfrafor and/ar fhe reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate fhe proposal. 40 12-8D-8: DEVELOPMENT STANDARDSICRITERIA FOR EVALUATION: The following criteria shat! be used as the principal means for evaluating a proposed development plan. If shall be the burden of the applicant to demonstrate that fhe proposed development plan complies with all applicable design criteria. E. Enviranmenta! impacts resulting from fhe proposal have been idenfified in the project's Eenvironmenta! !impact Rreport, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance wifh the Vail t:somprehensive Pplan and atherapplicable plans. ? 2-8D-1(): SETBACKS: In the Sski Bbase/Rfecreation D~fistrict, front, side, rearand stream setbacks shall be as indicafed on the approved developmenf plan. 12-8E: SKl BASE/RECREATION 2 {SBR2) DISTRICT: 12-8E-1: PURPOSE: The Ski Base/Recreartion 2 District ~#~s#~ is intended fo provide sites for facilities, activifies and uses necessary for and appurtenant fo 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 assaciafed wifh a vibrant resort community are else permitfed within the zone district. The Ski Base/Recreafion 2 District6lrs#istis intended to ensure adequate light, air, open space and otheramenities appropriate to pemtitfed and conditional uses throughout fhe zone district. !n order fo achieve this objective and to ensure compatibility with adjacent land uses, ail permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the previsions of this article. Furthermore, due to the Iikelr`hood of this disfricf being located at the base of ~'aiI Mountain, and open some of the mast critical and important lands fo the future success and resort character of the Ttown, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benet<ts which further the public interests" that ga beyond any economic benefits fa the Landowner. ?2-8E-2: PERMITTED USES: A. The following uses shall be permitted within the Ski Base/Recreation ~Ui h~co~ror+r'a~finn 2 DdistriCf: 12-8E-3: CONDITIONAL USES.' The fallowing conditi/gonaQl+use/s shall be permitted in the Ski Base/Recreation Rlif h/9C~li~rn/~rll~f~/A., l D~.l~str/Vt, subject to the issuance of a conditional use permit in accordance wifh the provisions of Cshapter ? 6 of this Ttitle: ?2-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski BasefRecreafion 41 2 Ddisfrict: ?2-8E-5: L©CATION Ul= BUSINESS AGTIVITY.- A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreafian 2 (SBR2) 1?dr'stricf shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating. 12-5E-6: DEVEL©PMENT PLAN: A, Development Plan Required: prior to sife preparation, building consfruction, orotherimprovements fo land within the Ski Base/Recreafic~n 2 Qa~isfricf, there shat! be an approved development plan for said dlsfrlct or portion thereof An approved development plan shall be the principal document in guiding the development. uses and activities of Land within the disfricf. A development plan shall be approved by the planning and environmental commission. Development standardsmcluding setbacks, site coverage, landscaping, density (GRFA,i and parking shall be defermined by the Pplanning and Eenvironmenfal {:commission as part of the approved developmenf plan, This determination is fo be made based on the proposed development plan's compliance with the design criteria outlined in secfion 12- 8E-9 of this article. B. Application: An application for approve! of a developmenf plan may be bled by any owner of property within the Ski Base/Recreation s#i ;~a~, ~~°^~~^~r~afiera 2 Ddistrict or his (herl agent or authorized representative. The application shall be made on a farm provided by the Dslepartment of Csommunlty 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 fo be included in the developmenf plan, or their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in subsection 12-8E-8A of this arficle and a developmenf plan as outlined in subsection C of this section. 12-8E-7: I]FVELOPMENT REVIEW PROCEDURES: A. Pre-appiication F-xeapplisafiee Conference: Prior fo submittal of a formal application fora development plan, the applicanf shat! hold a pre- application ' -~ conference with the Delepartment of Ceommunity L)slevelopmenf. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elemenfs offhe Vai! Csomprehensive P,plan, and the reviewprocedure that will be followed for the application. B. PEC Conducts Final Review: The final review of a proposed developmenf plan shall be by the Pplanning and Eenvironmenta! Csommission at either a regularly scheduled meeting or a specie! meeting. Prior to this meeting, and at the discretion of the Aadministrafor, awork session may be held with the applicant, staff and the Pplanning and Esnvironmenfal Csommission to discuss the developrrrenf plan. A report of the L?deparfinent of Csommunity t7developmenf staff's findings and recommendations shall be presented of a public hearing before the 42 Pplanning and Eenvironmental Csommission. The Pplanning and Eenvironmental Csommission shall review fhe development plan in accordance wifh fhe provisions of section ~2-5E-9 of this article. 12-5E-8: SUBMITTAL REQUIREMENTS: A. Information And Maferials Required: The Aadministrator shall esfablish fhe submittal requirements for an approved development plan application. Certain submittalrequiremenis maybe waived ormodifled byfhe Aadministrafar or the Ph+lanning and Eenvironmenfal Csommission if if is demonstrated by the applicant that fhe information and materials required are not relevant to the proposed development or applicable to the Vail Coomprehensive Pplan. A complete list of fhe submittaf requirements shall be maintained by fhe Aadministrafor and filed in the Dslepartment of Csommunity a+development. t 2-8E-9: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits ofa proposed development plan. It shall be the burden of the applicant fo 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 fhaf one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: ©. Comprehensive Plan: Conformity with the Vail Csomprehensive Pplan, Ttown policies and Urban Dslesign Pplans. 12-8E-99: SETBACKS: !n the Ski Base/Recreation 2 I]elistrict, front, side and rear setbacks shall be as indicated on the approved development plan. 92-8E-72: NEIGNT: In fhe Ski Base/Recreation 2 Delisfricf buildings shall range in height from zero feet (t)) to forty fhree feel (43) and be indicated on the approved development plan. All developmenf shall comply wifh the building height guidelines found in the Vail Village Mmaster Pplan Gsoncepfual Bbuilding H#eight Pplan. fn no insfance, however, shall the maximum building height exceed forty three feel (43). 12-5E-74: SITE C©VERAGE: In the Ski BaselReereafion 2 Ddistrict, site coverage shall be as indicated on the approved developmenf plan. 92-$E-15: LANDSCAPING AND SITE DEVEL~t]PMENT: In the Ski Base/Recreafion ° -~~ '~~s~~recre,e,~'en 2 ,Dalisfricf, landscaping requirements shall be as indicated on fhe approved development plan. 1 ~-8E-? 6: PA14KlNG/LOADING PLAN AND PRQGRAM: Offsfreet parking and loading shall be provided in accordance wifh Cshapfer 1a of this Ttifle. Af least ninety eve percent (95%) of fhe required parking shall be located within fhe main building orbuildings, and as approved by the 43 Pplanning and Eenvironmental Csommissian in review of fhe development plan. The off street parking and loading plan shall be indicated on and described in the approved development plan. 72-8E-I'7: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacfs of their development on public infrastructure acrd in alI cases mitigation shall bear a reasonable relation to the development impacts. Impacts may 6e determined based an reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced wlth fhe goals of redevelopmenf and wit! be determined by fhe P;glanning and L~enuironmentaf Gsommissron in review of devel~apment projects and conditional use permits. Substantial off life impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, streetscape improvements, stream tracUbank improvements, public art improvements, parking, and similar improvements. The intent of this section is fo only require mitigation for large scale redevelopmenf/development projects which produce substantial off site impacts. 12-8E-98: AMENDMENT P140GEDUf2ES: A. MinorAmendments: 2. Minor amendmenfs consistenf with the design criteria outlined in section 72-8E-9 of fhis article maybe approved by the Ddepartment of Csommunity De~evelopmenf. Al! minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by fhe Ddepartmenf of Csommunify Ddevelopmenf. 3. Notification of a proposed minor amendmenf, and a report of staff action of said request, shall be provided to all property owners within or adjacenf to the zone district that maybe affected by fhe amendment. Affected properties shall be as determined by the Ddepartmenf of Gsommunify Ddevelopment. Notifications shall be posfmarked no later than free {5) days fallowing staff action on the amendmenf request and shall include a brief statemenf describing the amendment and the time and date of when fhe P,planning and Eenvironmenfaf Csammission will be informed of the administrative action ~esisiert. In aI! cases the report to the Pplanning and Eenvironmenfal Csomrnission shall be made wifhin twenty (20J days from the date of the staff`s decision an fhe requested amendment.. 4. Appeals of staff decisions may be ~1ed by adjacent property owners, owners of property within the zone district the applicant, Pplanning and Eenvironmental Csommission members or members of fhe Ttown Csounci! as outlined in section ?' 2-3-3 of this title. B. Major Amendments: 1. Major amendments are any proposal fo change uses; increases fo residential floor area greater than five percent {5°roJ of fhe approved square footage; increases fo retail, once, or common floor area greater than five percent {5/ J of the approved square footage; increases or decreases to the number of dwelling, accommodation, or fractions! fee club units; any request to modify, enlarge or expand fhe boundary ofan approved development plan 44 and any amendment fo the approved development plan that is not a minor amendment as defermr`ned by the Aadminisfrator and defined in this article. 2. Requests for major amendments to an approved development plan shall be evaluated based upon the degree ofdeviation offhe amendmentfrom the basic infant and characteroffhe approved development plan and reviewed in accordance with the procedures described in section 12-8E-7 ofthis article. Al! major amendments shall be indicated on a completely revised developmenf plan. Approved changes shall be noted, signed, dafed and fled by the Ddepartmenf of Csommunify Ds~evelopment. 3. Owners of all property requesting the amendment; or their agents or authorized representatives, shall sign the applr'eafion. Notification of the proposed amendment shall be made to owners ofall properfyadjacenf fo the property requesting the proposed amendment, owners of all property adjacent fo the zone district, and owners of all property within the cone district that may be affected by fhe proposed amendment (as determined by fhe Ddepartmenf of Ceommunify De~evelopment). Notification procedures shalt be as outlined in subsection 12-3-6C of fhis Tfitle. 72-8F-99: TIME REQU114EMENTS: B. Approval Voided: If fhe applicant does not begin and diligenfly work toward fhe camplefion of fhe development plan or any stage of fhe development plan within fhe time limits imposed by the preceding subsection, the approval of said development plan shall be void. The Pplanning and Eenvironmenfal Csommission shall review the development plan upon submittal ofan application to reestablish fhe development plan following fhe procedures outlined in section 72-8E-7 of this article. CHAPTER 12-9: SPECIAL AND MISCELLANEC?US DISTRICTS: fit-9A: SPECIAL DEVELC?PMENT (SDD) D1STRlCT; 72-9A-1: PURPaSE: The purpose of fhe Sspecial Ddevelopmenf D~4isfricf is to encourage flexibilify and creativity in fhe development of Iand in order to promote ifs most appropriate use; fo improve fhe design character and qualify of fhe new development with fhe 7town; to facilitate fhe adequate and economical provision of streets and utilities; fo preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in fhe Vail Csomprehensive Pplan. An approved development plan for a Special Development Ddistrict, in conjunction with fhe property's underlying zone district, shag establish fhe requirements for guiding development and uses of property included in fhe Special Development district. The Special Development Delistricf does not apply fo and is not available in the following zone districts: Hillside Rresidential, Ssingle-F#amily Residential, Two-Family Residential ~, Two-FamilyPprimary/Ssecondary Residential. The elements of the development plan shall be as outlined in section 72-9A-6 of fhis article. 72-9A-2: DEFlN1TIONS: AFFECTED PRQPEfZTY.• Property within a Sspecial Ddevelopment Ddisfr7ct that, by virtue of ifs proximity or relationship to a proposed amendment 45 request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing fhe impacts, or character of the approved Sspecial De(evelopment Ddistrict. AGENT OR AC1T1-lOR1ZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by fhe property owner fo act an his (her} stead. If any of the property to be included in fhe Sspecial Ddevelopment Ds~Lstricf is a cvndominiumized 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 fhe condominium association's declarations and all other requirements of the condominium declarations are met. MAJOR AMENDMENT (PEC AND/Ofd COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change fhe number of dwelling or accommodation units; modify, enlarge ar expand any approved Sspecial Ddevelapment DdLsfrrct (other than "minor amendments"as defined in this secfion), except as provided under secfion 72-75-~, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this Ttifle. MINOR AMENDMENT {STAFF REVIEW): Modifrcafions fo building plans, site or Landscape plans fhaf do not alter fhe basic r`nfent and character of the approved Sspecial De-evelopmenf Ddisfricf, and are consistent with fhe design criteria of Phis Cshapfer. Minor amendments may include, but not be limited to, variations of not mare Phan free feet (5) fo approved setbacks and/or building footprints; changes fa landscape or site plans fhaf do not adversely impact pedestrian or vehicular circulation throughout fhe Sspecial Ddevelopment Ddistricf; or changes to gross tloorarea (excluding residential uses) of not mare than free percent (5%) of fhe approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under secfion 12-15-4, "Inferior Conversions", or 72-15-5, "Additional Gross Residential Floor Area {250 Ordinance) ", of this Tfitle. UNDERLYl1VG ZONE D1STRICT.~ The zone district existing on the property, or imposed on fhe property at the time fhe Sspecial Ddevelapment Ddisfricf is approved. The fallowing zone districts are prohibited from Special Development districts being used: l-lillside Rresidenfial, Ssingle-F#amily Residential, Two-Family Residential dig, Two-Family Pprimary/Ssecandary Residential. 92-9A-3: APPLICATION: An application for approval of a Sspecial Ddevelopment Dclistricf may be fried by any owner of property to be included in fhe Sspecial DeEevelapment De(isfrict or his (her) agent or authorized representative. The application shall be made on a form provided by fhe Daleparfinenf of Csommunify Dafevelopment and shall include: a legal description of fhe 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 fhe Sspecial Ddevelopment D~lisfrict, ar their agents or authorized representatives. The 46 application shall be accampanr'ed by submittal requirements in section 12- 9A-5 of this article and a development plan as in section 92-9A-6 of this article. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior fo sife preparation, building construction, orotherimprovements fo land within a Sspecial Ddevelopment Ddistrict, there shall be an approved development plan for said disfrict. The approved development plan shall establish requirements regulating development, uses and activity within a Sspecial Ddevelopment Ddistricf. B. Pre-application °~°~^^'~^~~~^n Conference: Prior to submittal of a formal application for a Sspecial Ds~evelopment Dd'istricf, the applicant shall hold apre-application pxeaJ~tier~ conference with the Ddeparfinent of Csommunify Dalevelapment. The purpose of this meeting shall be to discuss the goals of the proposed Sspecial Ddevelopment [?disfrict, the relationship of the proposal fo applicable elements of fhe Ttown's Comprehensive rrraster-P~Slan, and the review procedure thaf 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 Csornmissian at a regularly scheduded meeting. Prior fo this meeting, and at the discretion of the Aadminisfrator, awork session maybe held with the applicant, staff and the Pplanning and Eenvironmental Csommission to discuss Sspecial Ddevelopmenf Ddisfrict. A report of the Ddeparfinenf of Csommunity Ddevelopment staffs findings and recommendafions shall be made at fhe initial formal hearing before the Pplanning and Eenvironmental Csommission. A report of fhe Pplanning and Eenvironmenfal Csommission stating its Endings and recommendations, and the staff report shall then be fransmitted to fhe Ttown Csounci! in accordance with fhe applicable provisions of section 92-?6-fi of Phis Ttifle. The Toown Csouncil shall consider fhe Sspecial Ds~evelopmenf Ddistrict in accordance with fhe provision of subsections 92-3-7D fhrough G of Phis Ttr'tle. 72-9A-5: SUBMITTAL REQUIREMENTS: The administrator shall establish the submittal requirements for a Sspecial t)developmenf Dd'istrict application. A complete list of the submittal requirements shall be maintained by the Aadminisfrator and tiled in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modifred by the Aadministrator and/or the reviewing body if if is demonstrated by the applicant that the informafion and materials required are not relevant to the proposed development or applicable to fhe planning documents that comprise the Vail Csomprehensive Pslan. The Aadministrator and/or the reviewing body may require fhe submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fo properly evaluate fhe proposal. 72-9A-6: DEVELOPMENT PLAN: An approved development plan is fhe princr'pa1 document in guiding fhe development, uses and activities of Sspecial Ddevelopment Ddistricts. A development plan shall be approved by ordinance by the Town Council in 47 conjunction wifh fhe review and approval of any Sspecial Ddevelopment Detisfrict. The development plan shall be comprised of materials submitted in accordance wifh Section ?'2-9A-5 of this Article. The developmenf plan shall contain all relevant material and information necessary to establish the parameters wifh which the Sspecial Dslevelopment Ddistrict shall develop. The development plan may consist of, but not be limited fo, the approved life plan, floorplans, 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 furtherrestricted through the review of the proposed Sspecial Ddevelopmenf ,Ds~isfrict, 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 maybe permitted in residential Sspecial Qdevelopmenf Ddistrict if, in fhe opinion of fhe Town Council, such uses are primarily for the service and convenience of the residenfs of fhe development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the Sspecial DdevelopmenfDdistricf. The arnountofarea and type ofsuch uses, ifany, to be allowed in a residential Sspecial Ddevelopment [3district shall be established by the Tiawn Gounci! as a part of the approved development plan. 12-9A-8: DESIGN CRJTERIA: The following design criteria shall be used as fhe principal criteria in evaluating fhe merits of the proposed Sspecial Ddevelopmenf Delistrict. It shalt be fhe burden of the applicant to demonstrate that submittal material and the proposed development plan comply wifh each of the following standards, or demonstrate fhaf one or more of fhem is not applicable, or thaf a practical solution cvnsistenf with fhe public interest has been achieved: D. Comprehensive Plan: Conformity wifh applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural And/Or Geologic Hazard: Idenfiflcafion and mitigation of natural and/or geologic hazards that affect the property an which fhe Sspecial t3d'evelopment Ddistrict is proposed. t. Workable Plan: Phasing plan or subdivision plan fhaf will maintain a workable, functional and efficient relationship throughout fhe development of fhe Sspecial Ddevelopment Ddistrict. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, heighf, density control, site coverage ~c~r~:~rsd?s, 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 fhaf deviate from fhe underlying zone district, it should be 48 defermined That such deviation provides benefits to the Town that autweigh fhe adverse effects of such deviation. This defermination is to be made based on evaluafion of fhe proposed Sspecial Ddevelopment Ddisfrict 's compliance with the design criteria outlined in Section ? ~-9A-S ofthisArticle. ?2-9A-?0: AMENDMENT PROCEDURES: A. Minor Amendments: 2. Notification of a proposed minor amendment, and a report of staff action of said requesf, shall be provided to a1I property owners within or adjacenf to the Sspecial Qelevelopment Ddistrict that may be affected by the amendment. Affected properties shall be as determined by fhe Departmenf of Community Development. Notifications shall be postmarked no Iater than five {5) days following staff acfion on the amendmenf requesf and shall include a brief sfafemenf describing the amendment and fhe time and date of when fhe Planning and Environmental Commission will be informed of the administrative action sta#~esls~. In all cases the report to fhe Planning and Environmental Commission shall be made within twenty (20) days from the date of fhe staffs decision on fhe requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within fhe Sspecial Udevelopment Dd'istrict, the applicant, Planning and Environmental Commission members ormembers ofthe Town Council as outlined in Section 12-3-3 of this Title. B. Major Amendments: ?. Requests for major amendmenCs fo an approved Sspecial L~development Ddistrict shall be reviewed in accordance with the procedures described in Section ? 2-9A-4 of this Article. 2. Owners of all property requesting fhe amendmenf, or their agents or authorized represenfatives, shall sign the application. Notification of fhe proposed amendment shall be made to owners ofall propertyadjacent to fhe property requesting the proposed amendmenf, owners of all property adjacent fo the Sspecial Dsdevelapmenf Delisfrict, and owners of all property within the Sspecial D+development !?district that may be affecfed by the proposed amendmenf {as determined by fhe Department of Community Development). Notification procedures shall be as outlined in subsection ?2- 3-6C of fhis Title. ? 2-9A-? ?; RECREA T10N AMENITIES 7AX: A recreation amenities tax shall be assessed on al! Sspecial Dd"evelopment Ddistricfs in accordance with Title 2, Chapter 5 of this Code of a rate to be determined by fhe Planning and Environmental Commission. This rate shall be based on the cafe of the underlying zone district or the rate which most closely resembles the densify plan for the zone district, whichever is greater: ?2-9A-?2: TIME REQUIREMENTS: A. Start Of Consfruction; Completion: The developer must begin initial construction of the Sspecial Ds~evelopmenf Dsdistrict within three {3) years Pram fhe time of its final approval, and continue diligently Toward fhe completion of the project, if fhe Sspecial De+evelopment Ddisfricf is to be developed in phases, the develcapermust begin construction of subsequent 49 phases within one year of the completion of the previous phase. ~. Approval Voided: !f the applicant does not begin and diligently work toward fhe completion ofhhe Sspecial DdevelopmentDdistrictaranystage of the Sspecial D~levelapmenf Ddisfricf within the time limits imposed by the preceding subsection, fhe approval of said Sspecia! 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 reesfablish the Sspecial Ddevelopmenf Dslistrict following fhe procedures outlined in Secfion 92-9A-4 of this Article. 12-9A-13: FEES: The filing fee for Sspecial D~Ievelopment D~iisfricf applications and for major and minor amendments to Sspecial Ddevelopmenf Ddistrict shall be set by the Town Caunci! by resolution. Applications deemed by the Department of Community Development to have significant design, land use, ar other issues which may have a significant impact on fhe community may require review by consultanfs ofher than Town staff. Should a determination be made by fhe Town staff that an outside consultant is needed to review anys Sspecial Ddevelopment De(istricf application, the Department of Community Development shall obtain fhe approval of fhe Tawn Council far the hiring of such a consultant. Upon approval of fhe Town Council to hire an outside consultant, fhe Department of Community Development shall estimate the amount of money necessary fa pay the outside consultant, and this amount shall be forwarded to the Town by the applicant at fhe time the Sspecial D€~evelopment Ddistrict application is submitted to fhe Department of Community Development. Upon completion of fhe review of the application by the consultant, any of the funds forwarded by the applicant for payment of fhe consultant which have not been paid fo 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 fhe Town by the applicant within Thirty (3©} days of notification by the Tawn. 12-9A-~4: EXISTING SPECIAL DEVELOPMENT DISTRICTS: Nothing in this Article shall be consfrued to limit, replace or diminish the requirements, responsibilities, and specilications of Specia! Development Districts 2 #hrough 27. The Town Council specifically finds that said Special Development Districts 2 through 2? shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall confinue fo be binding upon fhe applicants thereof and the Town. These SDDsdiets, if not commenced of the present time, shall comply with Secfion 72-9A-12 of this Article.. 12-9C: GENERAL USE (GU} DISTRICT: 12-9C-7: PURPOSE: The G~+eneral Uuse De-istrict is intended fo provide sites far public and quasi- public uses which, because of their special characteristics, cannaf be appropriately regulated by fhe development standards prescribed for ofher zoning districts, and for which development standards especially prescribed far each particular development proposal orproiect are necessary to achieve the purposes prescribed in section ?2-1-2 offhis Ttitle and fo provide forthe 50 public welfare. The Ggeneral U,~se Ddisfrict is intended to ensure that public buildings and grounds and certain types of quasi public uses permitted in the districf are appropriately locafed and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in fhe case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9G-2: PERMITTED USES: The following uses shall be permitted in fhe GU Dslistrict: 12-9C-3: CONDITIONAL USES: A. Generally: The following condifional uses shall be permitted in the GU Ddistricf, subjecf to issuance of a condifional use permit in accordance with the provisions of Cshapter 16 of this 7#it1e: 12-9C-4: ACCESSORY USES: The following accessory uses shall be permitted in the GU Ddistrict: • 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the Ggeneral Uuse Dclistrict, development standards in each of the foUawing categories shall be as prescribed by the Pplanning and Esnvironmenfal Commmsssion: 8. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Sife specific developmenf standards shall then be determined by the P;elannng and Eenvironmental Commmsssion during fhe review of the conditional use requesf in accordance with fhe provisions of Cshapter 16 of this Ttitle. 12-9C-6: ADD1T10NAL DEVELOPMENT STANDARDS: Additional regulations pertaining fo site development standards and the development of land in the Ggeneral U+~se Ds~istrict are found in Cshapter 14 of this Ttitle. 'HAPTER 12-10: OFF-STREET PARKING AND LOADING 12-10-fi: PARKING; OFF-SITE AND JOINT FAG1LlTIES: Al! parking and loading facilities required by Phis Cshapfershall be locafed on the same site as fhe use for which they are required, provided That the Town Csouncil may permit off-site orjoinfly used parking facilities iflocated wifhin fhree hundred feet (3f71?) of the use served. Authority to pem~itoff--site orjarnt parking facilities shat! not exfend to parking spaces required by this Ttitle fo be located wifhin the main building on a site, buf may extend to parking spaces permitted to be unenclosed. Prior to permitting off-site or joint parking facilities, the Csouncil shall determine that the proposed location of the parking facilities and the prospective operation and maintenance of the facilities will fulfill the purposes of this Cshapfer, will be as usable and convenient as parking facilities locafed on the site of fhe use, and will not cause traffic congestion or an unsightly concenfration of parked cars. The 51 Csouncil may require such legs! instruments as it deems necessary fo ensure unified operation and contra! ofjoint parking facilities orto ensure fhe continuation of such facilities, including evidence of ownership, Long-term lease, or easement. 92-90-7: STANDARDS; AUTHORITY 7O ADJUST.' Parking standards shall be fhose provided in Ttitle 74 of this code. The standards set out in 7'title 94 of this code, shall govern fhe design and construction of all off-sfreef parking and loading facilifies, whether required by fhis Cshapter or provided in addifion fo the requirements of this Cshapter. Minor adjustments of fhe dimensions prescribed in fhis Cehapter may be authorized by fhe Aadministrator if consistent wr'th generally recognized design standards for off-street parking and loading facilifies. 12-10-9: LOADING STANDARDS: Standards for off-street e#-street loading shat! be as follows: A. Location: All off sfreef loading berths shall be Located on the same lot as the use served, but nof~in fhe required front setback. Off-street ^ loading berths shall be provided in addition to required off-street ^ parking and shall not be located within accessways. B. Size: Each required loading berth shall be net less fhan fwelve feef (12') wide, fhirfy five feef (35) long, and if enclosed and/orco~rered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. At the P;~Ianning and Eenvironmental Csammisslon's discretion,- variations to fhe minimum loading berth dimension standards outlined above maybe approved or required, subject to the Pplanning and Eenvironmental Csommission finding that such variation is necessary to prevent negative impacfs fo the public right of way. 12-70-76: EXEMPT AREAS; PARKING FUND ESTABLISHED: A. Criteria: The Tfown Gsouncil by resolution may exempt certain areas from the off-sfreet parking and loading requirements of fhis Cshapter if alternative means will meet fhe off-sfreef parking and loading needs of all uses in fhe area. Prior fo exempting any area from fhe off-sfreet parking and loading requirements, the Gsouncil shall determine the following: B. Parking Fund 2. The parking fee fo be par"d by any owner or applicant sha11 be determined by the Tfown Csouncil. 3. If any parking funds have been par'd in accordance with this section and if subsequent thereto a special or general r`mprovement district is formed and assessments levied for the purpose of paying for parking improvements, the payer pa-ye~shall be credited against the assessment with the amounf previously paid. 92-10-~lT: LEASING OF PARKING SPACES: B, Lease Qualifrcafions; Application To Lease: 7. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces Located in Csommercia! Clore 7, Csommercial Clore 2, Gsommercial Clore 3, H#~igh Ddensify A~ultiple-Ffamify, Ppublic A~ceommodations, 52 Lionshead Mixed Use 1 tierrshead ,mixeskfseT, Livnshead Mixed Use 2 lien-s#aead nod c~~-e~ or Sspecial Ds~evelopment zone districts and provides sufficient parking for use by employees may apply to the Aadmr'nisfrafor of the 7town for a permit to lease parking spaces. 2. Application shall be made an a form provided by the Aadministrator and upon approval of the application by thE-adminlsfrafor a leasing permit shall be issued with or without condition as determined by the Aadminisfrator. if the Administrator~~a~f deferrnlnes fhaf the lease proposal results in a visual impact to surrounding sfreefs or property, the Aadministrator may condition the approval with a requirement fhaf fhe applicant insfal! landscaping on the site fo improve the visual appearance offhe parking area. Ifsaidprivate parking spaces are located on fhe common area orgrounds of any condominium project, written approval of the condominium association (if any} will be required on fhis application. 3. The Aadministrator may request that an applicant conduct a parking utifizafion study fo determine the difference 6efween fhe average capacity of the Iof and the peak day utilization, and such other information as maybe necessary for the proper consideration of fhe appGcafion. 4. The proposed lease agreement shall be for the period of not less than one month nor greafer fhan twelve (12} months. When requesfed, the Aadministrator may extend the (ease agreement loran additional Twelve (12) months so long as the conditions relating to fhe parking spaces have not significantly changed. Any applicant wishing for an extension to an established lease agreement, must submit an application to the Aadministrafor no !afar than fwa (2} weeks prior to the Termination of the exisfing approval. 5. No applicant shall be permitted to lease more than sixty percent (60%} of the parking spaces which is the difference between the average capacity of fhe lot and the peak day utilization as determined by fhe Aadministrator. 8. !t shat! be fhe responsibility offhe owner, occupant ar building manager who has leased spaces fo others to provide adequate and proper signs ~n c,fer on the premises and to see that the leased spaces are used and occupied in accordance with fhe lease agreement. 10. Car rental agencies may lease parking spaces only in the CC3 zene L}distrief, and shall be limited to a maximum offifteen (15} parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. 12-10-20: SPEGIAL f~EVlEW Pf?C)VISIONS: ldvtwifhstanding the pravisr`ons of section 12-1©-18 of fhis Gshapter, the Pplanning and Eenvironmental Csommission may approve a reduction fo fhe number of required spaces specified in section 12-10-10 of this Cshapfer, provided a report documenting fhe presence of unique parking characteristics is provided by a qualified consultant and fhe following findings are made by the Pplanning and Eenvironmental Csommission: In reaching a decision, the Pplanning and Eenvironmenfal Csommission shall consider survey data submitted by a qualified fransporfation planning or engineering consultant. Projects under '°specia! review" are subject to additional scrutiny by fhe Pplanning and Eenvironmenta! Csommission after 53 development plan approval if it is deemed necessary to verify continued compliance with fhe above listed criteria. The maximum allowable reduction in the n umber of required spaces shall ,got exceed fwenfy five percent {25%) of fhe total number required under section 12-10-10 of this Cshapfer. 12-10-21: PARKING PAY IN L1EU ,~C?NES ESTABLISHEn: The 'Parking Pay-in-Lieu Zone'" maps (attached to ordinance 4, series of 2001, and available for inspection in fhe office of the Ttown Cslerk) shall be used to identify properties within fhe parking pay in lieu zones referenced in section 12-10-16 of this tshapfer. Properties wit! be required to comply with the amended program upon demolition/rebuild. Properties not included in fhe pay in lieu zones may apply to fhe Pplanning and Eenvironmental Csommission for review if fhe provision of on site parking on the property would circumvent relevant objectives of applicable Comprehensive nester Pplan documents including, but not Limited to, parking, pedestrianization, and vehicle penefration elements. CHAPTER 12-1~: ©ESIGN REVIEW: 12-11-1: INTENT. B. Area Characfer Profeefion: These factors constftufe an importanf economic base for the 7town, both for those who earn their living here and for those who view the Ttown as a precious physical possession. The Ttown Csounci! fonds 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 thr©ugh zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put info operafion without regard to specific development proposals. Among these are fhe general form of the land before and offer development, fhe spatial relationships of structures and open spaces to land uses within the vicinity and fhe Ttown, and the appearance of buildings and open spaces as they contribute fo the area as it is being developed and redeveloped. !n order to provide for the Timely exercise of judgment in the public inferesf in fhe evaluation of the design of new development and redevelopment, fhe Ttown Csounci! has created a D~'esign Rreview Bboard {DRB) and design criteria. 12-11-2: DEFINITIONS AND RULES OF CONSTRUGTION.~ A. Basis Far Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interprefed in accordance with the definitions contained in section 7 2-2-2 of this Tfifle, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred fo the design review board for hna! determination. 12-11-3: DESIGN APPROVAL: C. Nonconforming Sites And Strucfures; ,Effect Of Design Guidelines: 2. From the effective date of July 21, 1998, there shall be permitted aone- fime exclusion from this provision for an expansion to single-family, fwo- family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) 54 square feet or less of allowable GRFA orgarage area credit per dwelling unit. In which ease, structures maybe expanded without requiring upgrades to entire structures and sites to conform to wit# fhe design guidelines. The addition ifself, however, shall conform tQ fhe design guidelines. An expansion which is greater fhan five hundred (500,1 square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit wifh the design guidelines, f 2-? 1-4: MATERIAL TO BE SUBMITTED; PROCEDURE: B. Conceptual Design Review: 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed bythis Chapfermaysubmitpians for conceptual review by the Design ,Review Board to the Department of Community Development. The purpose of a conceptual review shall 6e to give the applicant a basic understanding wifh respect to fhe 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 higherimpact than single-family and two-family residences although prajecfs of that nature shall not be excluded fhe opportunity to request a conceptual design review. The fallowing information shall be submitted for a conceptual review ten {10} days prior to a scheduled Design Review Board meeting: e. Planning and Eenviranmenfal Csammission and/or Town Csouncil approval if required. 2. Staff,° Board Procedure: a. Upon receipt of an application far conceptual design review fhe Ddepartmenf of Csammunify Ddevelopment shall review fhe submiffed materials for general compliance with the appropriate requirements of fhe Zzaning Regulatlorrs cede. !f fhe proposal is in basic compliance with fhe 'zoning Regulations, sede fhe project shall be forwarded fo the Dslesign Rreview B,~aard for conceptual review. if fhe application is not generally in compliance wifh the Zzoning Reguiatlc~ns, seals req~irerraer~ the application arrd submittal materials shall be returned to the applicant with a written explanation of the Dslepartmenf of Coommunity Ddevelapmenf's findings. b. The Ddesign R{eview B,~oard sha11 review the application and supporting maferia! that has been submitted for a conceptual review in order fa determine whether or naf the project generally complies with the design guidelines, and forward comments concerning the design to the applicant. Na vote of the design review board will be required unless requested by the applicant. The property owner or his/her representative shall be present of the t~design Reeview B~+aard hearing. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this Cshapfer shall submit for final design approval all of fhe following maferia! to fhe Aadminisfrator, unless the Aadminisfratar determines within five {5} days of a written request for such determination that some of the following material maybe excluded.' h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in 55 7#itle 19 of Phis Csode, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system orother clearly comprehensible system of reference fo fhe site plan prescribed in subsection G9d of this section. Upon request of the Aadministratar, samples ofsign materials shelf be submitted. i. Erosion And Revegefafion Plan: Erasion control and revegetation landscaping plans. (1} Plan Required: fn all developments involving fwa (2} ar mare acres, an erosion control plan will be required. For developments involving Tess than #wo (2} acres, an erosion contra! plan may be required by the Qcteparfinenf of Csammunity Ddevelopmenf, ,based upon conditions of slope and soil stabilify. {3) Review Of Plan: The pdeparfinent of Csammunify Dcfevelopment shall review and approve al! erosion control plans and shall maintain a list of erosion confro! practices, both structural and nanstrucfural. (,~) Revegetafion Landscaping: Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. Potential damage to exisfing Iandscaping/vegetatian she!! be adequate reason far requiring a revegetation plan. At a minimum, plans submifted under this subsecfion shall include revegetatian of land disturbed by development and construction acfivify. The Defepartment of C~ammunity D~+'evelopment shall establish and maintain a List of revegetafion best management practices. (t3} Additional Requirements: !n addition fo the above requirements, the Dd'eparfinenf of Csommunity Dslevelopment may require any ar a!1 of fhe fallowing: j. /VPDES Permit: An approved national pollufanf discharge elimination system permit for storm water discharges to surface wafers resulting from developments draining two {2) ar more acres shat! be presented. In lieu of such permit, the develaperofan area oftwa {2) ormore acresmaypresenta "no discharge"storm water drainage plan, which may include such measures or detenfion panels, high curbs, and infrltrafian galleries. The !.]department of Csammunity I]devefopmenf she!! establish and maintain a list of such "no discharge" measures. m. Lighting Plan: An autdoorlighfing 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, efc.}, the source lumens, and fhe luminous area for each light source which is proposed. The applicant shall provide documentation that fhe lights meet the standards set forth in section 12-91-5 of this Cshapter. In addition fa locating this information graphically on a plan, the applicant shall provide fhe information on the application farm provided by the De~epartmenf of Csammunity Defevelapmenf. 2. Staff (fir Design Review Board Procedure: The Ddeparfnaent of Csommunity De~evelopmenf shall check all material submitted far design review for compliance with fhe applicable provisions of the Zoning Regulations eea'e, Ssubdivisian Rregulafions, and with this subsection C (the submittal requiremenfs of this section as outlined above}. if fhe application is found to be in compliance with the applicable provisions of the Z~aning Csode, Ssubdivisian Rregulafions, and fhis subsecfion C, fhe pro~iect shall either be placed upon fhe agenda of fhe next appropriately scheduled 5F Ddesign Rreview Bboard meeting in accordance with fhe required application submittal deadlines on frle in fhe Dcfepartmenf of Csommunity Ddevelopmenf, or be reviewed by fhe Aadministrator in accordance with subsection C3 of fhis secfr"an (staff approval). If the application is found not to be in compliance wifh the applicable provisions of the Zzoning Regulations sects and this subsecfion C, fhe application and materials shall be refumed fa the applicant with an explanation of the Aadministrafor's findings. The Aadministrator may require any additional items from fhe applicant as may be necessary for complete and proper design review. a. The Aadministrator ar the De!esign Rreview Bboard shall review the application and supporting maferial, and if the design of fhe project is found to comply with the objectives and design guidelines of this Cshapter, the Aadministrator or the Dctesign Rreview Bboard shall approve fhe design of fhe project, documenting such approval in writing and noting any conditions ofapproval. Ifadditianal items are needed, as specitred herein, to determine whether the project will comply with fhe purpose statement and design guidelines of this Gshapter, the Ddesign Rreview Bboard may give preliminary approval or fable the project untif fhe next regularly scheduled meeting. If fhe project r`s fabled ar if preliminary approval is given, fhe board shall specify the conditions and additional andlor moditled materials which must be submitted by fhe applicant to the l?clesign Rreview Bboard or fa fhe Aadminisfrator, including any changes in the design of the project. The applicant may also table fhe application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, fhe Aadministrator or the t?design R€eview B,~oard shall disapprove the design of fhe prajecf. Any disapproval shat! be r'n writing and shall specifically describe the desr'gn guidelines with which the design of fhe project does not comply and the manner of noncompliance. c. Following the hna! review of an application by the Ddesign Rreview Bboard of a public meeting, the Dd'esign Rreview Bboard shall have thirty (30) days to consider and approve or deny an application.. The lime for action maybe extended of the request of the applicant. d. If changes in the design of the project are requested, the Dslesign Rreview Bboard shall approve, disapprove or requesf further changes within thirty {30J days of the meeting at which the Ddesign Rreview Bboard receives the changes unless an extension is agreed to by the applicant. e. The applicant arhis/her authorized representative shall be present of the Dclesign Rreview Bboard meeting. 3. Staff Approval: The Aadministrator may approve any of the following applications: a. Any applicafian fa modify an existing building that does not signihcanfly change the existing planes of the building and is generally consistent with fhe architectural design, including, but not limifed fo, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighfing, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications; b. Any applicafian for an addition to an existing building that is consistent with the archifectural design, materials and colors of fhe building, and approval has been received by an authorized member of a condominium 57 association, if applicable, c. Anyapplication fo remove ormodifythe existing vegetation orlandscaping upon a site; and d. Any application far site improvements or modifications including, but not limited to, driveway madi~cations, site grading, site walls, installation of accessory structures ar recreational facilities. In the above specified eases, the Aadminisfratar may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Da'esign Rreview ,aboard for decision. All other applications shall be referred to the Ddesign Rreview aboard. 92-11-5: DESIGN GUIDELINES: The design guidelines fora!! development are contained in Title #Ie-94 ofthis Csode. 92-9 9-6: PARK DESIGN GUIDELINES: A. -Purpose: These' guidelines shall be used by the Ddesr'gn Rreview aboard in reviewing any proposals for the development of Ttown park land. The guidelines shall be used in conjunction with the general design review guidelines found in T,tifle 94 of this Csode. 11 is the intent of these guidelines to Leave as much design freedom as possible fo the individual designer while at the same time encouraging park developmenf that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in fhe 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 developmenf. 92-19-7: DESIGN REVIEW FEE: The Ttawn Csounci! shall set a design review fee schedule sufficient to cover the cost of Ttown staff time, consultant's fees, and incidental expense. 92-99-8: PERFQRMANCEBOND: The 8,~uilding Oefficial shall not issue a frnal certifrcafe of occupancy for structures which have obtained design review approval until upon inspection it is determined that the protect is constructed in accordance with the approved design review application and plans, and a!! improvemenfs, amenities and landscaping have been installed. The wilding Defficial may issue a Temporary eertihcafe of occupancy not fo exceed two hundred ten (29(1) days upon the applicant posting with fhe De(epartmenf of Csommunify Ddevelopmenta performance bond orofhersecurityaccepfable fa the Ttown Csauncil in the sum of one hundred twenty true percent (925%) of the bans frde esfimate of fhe cost of installing landscaping and paving and other accessory improvemenfs provided for in the approved design review application and plans. !f said landscaping, paving, and other accessory improvemenfs are not installed by fhe applicant wifhin the period allowed, the temporary certificate of occupancy may be revoked until the same are r'nstalled by the applicant or by fhe Ttown pursuant to the terms of the performance bond or other accepted securify that has been approved by the Ttown. 5$ 12-11-11.• E,NFC7RCEMEhIT; INSPECTlC3N.• Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Ddepartment of Csommunity Ddevelopment. The D~eparfinenf 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 Dclesign Rreview Btioard. 1t shall be the duty of the property owner or his/her authorized agent to notify the D~eparfinent of community Delevelopment that such work is ready forinspection in order to ascertain compliance with approved plans. if the pro~ecf is found upon inspection fo be fully completed and in compliance with the approved design review application and plans, the Ddepartmenf of Csommunity Dslevelopmenf steal! issue a final certificate of occupancy. if the project is ' found to be completed in such a manner fhat a temporary certificafe of occupancy may be issued as specifred by the adopted building code, the applicant shall post a band as set forth in section 12-11-8 of this Cshapfer. Upon forfeiture of said bond or surety, the Ttown shall proceed to insfall the improvements for which bond orsurety was posted. In the event that the cost of instalCing the improvements exceeds the amount of the bond, the owner of said properly shall be individually liable to the Ttown 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 properly r`ncluded wifhin the • design review application. CHAPTER 12-12: ENVIRONMENTAL IMPACT REPORTS: 12-12-1: PURPOSE: 5ubmissian and review of an Eenvironmental I+mpact Rreport on any private development proposal or public project which may affect to any significant degree the quality of the environment in the Town ar in surrounding areas is required to achieve the following objectives: 12-12-2: APPLICABILITY: An Eenvironmentai I+mpact 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: EXEMPT PROJECTS: An Eenvironmental Ifmpact Rreport shall not be required for the fa[lawing projects: B. A phase of a project for which an Eenvironmental I+mpact Rrepart 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 liimpact Rreport shall be based on systematic studies conducted by the Town staff or by professional 59 consultants, as determined by the Administrator. The Eenvironmental I+mpact 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 I+mpact Rreport includes the following natural systems and other studies: B. Summarization: The Eenvironmental Iimpact Rreport 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 a# any other ordinance or Federal, State or Town regulatiorF, also may be used to support an Eenvironmental l+mpact Rreport. 12-12-5: REPORT CONTENTS: A. Information And Analysis: The Eenvironmental I+mpact Rfeport shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town -Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. S. general Statement; Descriptive Materials: The Eenvironmental Itmpact 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: C. Environmental Inventory: The Eenvironmental I+mpact Rfeport shall include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be afFected by the proposed project. The environmental inventory shall include maps, photographs, or other appropriate illustrative material. E. Analysis: The Eenvironmental l+mpact Rreport shall include a comprehensive, qualitative and quantikative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects khat 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 I+mpact Report shall fully assess the following items: 12-12-6: REPORT; ADDITIONAL MATERIAL: The Administrator may further prescribe the form and content of an Eenvironmental Iiimpact 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. 60 12-12-7: TIME SCHEDULE: The Eenvironmental I+mpact 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-~ 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-$: FEE: In the event that the Town engages professional consultants to prepare an Eenvironmental li•mpact 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 cast of the report, with the unexpended balance returnable to the sponsor. 12-12-9: SUBMISSION 01= REPORT TO OFFICIALS: The Eenvironmental limpact 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 Reuiew Board of receipt of an Eenvironmental +mpact Rfeport, and shall transmit copies of the report upon request. Enuironmental f~mpact Rfeports shag be availabPe far public review in the offices of the Town. 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION: B, Supplementary Data: The Commission may receive additional statements or supporting materials from the sponsor of a project, from the Town staff, from professional consultants, or from others. Such additional materials may be considered as supplementary or amendatory #o the Eenvironmental I+mpact Rreport. 12-12-11: ACT10N BY CUMMISSIC)N: A. Criteria 1=or Decision: Fallowing review of the Eenvironmental I+mpact Rfeport, the Planning and Environmental Commission shall approve, disapprove, or request changes in the project in writing. The Planning and Environmental Commission shall approve the project unless it finds that either the project will have significant long-term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or the project will have short- term adverse effects on the environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the 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 6t this Chapter or to the public health, safety or welfiare and the Planning and Environmental Commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. 13. Design Changes Require Resubmission To Design Review Board: If the Planning and Environmental Commission requests any changes in the project which would after the design of the project previously approved by the Design Review Board, and the sponsor of the project makes those changes, the revised design shall be resubmitted to the Design Review [3oard for its approval unless the Planning and Environmental Commission waives this requirement. 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 shalt 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 liimpact 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 RFeport. B. Exception: This Section shall not apply to a project for which an Eenvironmental i#mpact Rreport is not required, as prescribed in Section 12- 12-3 of this Ghapter. CHAPTER 12-13: EMPLOYEE HOUSING: 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, Reporting Requirements - Types 1, 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 11! employee housing units, which may be occupied by any person meeting the employment requirements contained herein. For the purpose of this subsection, a 'permanent residence"shall mean the home or place in which one's habitation is fixed and fo which one, whenever he ar she is absent, has a present intention of returning after a departure or absence from sar'd home ar place ~ere#€a;m, 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 Comrnunlty Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. f3. Deed Restriction, Occupancy Limitations, Reporting Requirements - fit • • Type IV: All Type !V employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Ttown manager and T#own attorney. C. Development Standards: 5. An E,HU may be located in, ar attached fa, an existing garage (existing on or before April 98, 20Df), and whether located in a required setback or not}, provided that no existing parking required by this code is reduced ar eliminated. A type 1 EHU which has free hundred (5(~0} square feet orless of GRFA maybe considered for physical separation from the primary unit, ifif is constructed in conjunction with a two (~} car garage and is otherwise compatible with the surrounding properties, does nothave an adverse impact on vegetation, and does not dominate the street. The Da-esign Rreview @board shall review such requests for separation. D. Application Requirements: 2. EHU applications requiring a conditional use permit are subject, to review and approval by the Pplanning and Eenvironmenta! Csammission as provided far in Cshapfer 16 of fhis Ttifle. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Ddepartment of Gsommunity 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 Ttawn 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 ENU administratively by the Ttawn, as long as they otherwise comply with the development standards and panting requirements found herein and comply with the building code requirements of the T~fown. Upon being converted fo an EHU per this section, such dwelling units shall be considered legally conforming EHUs and shall be gvvemed by all requirements of fhis Cshapfer. F. Written Management Plan For Type VI Housing: For the purposes of fhis Ttifle, a fype Vl employee housing unit is an employee housing unit which shall be governed by a written management plan or ether written program approved by the Pplanning and Eenvironmental Gsommissian. The management plan is the principal document in guiding the use of a fype VI employee pausing unit. The management plan shall be reviewed and approved by the Pplanning and Eenvironmental Csommissian as part of the conditional use permit application for a fype VI employee housing unit in accordance with the provisions of Cshapter 96 of this Tfitle. 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 affidavit fo be obtained from the D+department of Csommunity Da-evelapmenf, to the Ddepartment of Csommunity Dd'evelopmenf setting forth evidence esfabfishing that the employee housing unit has been used in compliance with the management plan. f. Other Items: Such other items as the Pplanning and Eenvironmenfal Csommission ar the Aadministrafor may deem necessary to the proposed management plan. g. Amendments: Amendments to an approved management plan shall be ~3 reviewed by the Pplanning and Eenvironmental Csommissr`on in accordance with this section. CHAPTER 12-14: SUPPLEMENTAL REGULATIONS 12-94-9: APPLICABILITY: The provisions of this Cshapter shalt be effecfive in all zone districts or, where specified, in particular zone districts, and shall be in addition to the regulations prescribed for each zone district. 12-14-10: APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: Where a building is designed fo have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than twenty five percenf (25! j of the perimeter of the portion of the sfructure to another portion of the structure, each separate or identifiable portion maybe considered a separate structure for the purpose of defermining height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shaft be made by fhe Aadminisfrator, ? 2-14-71: APPLICATION AND INTERPRETATION OF LOT LINES: Where a tot 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 sfreel; the fine where principal access to fhe iof is attained shall be deemed fhe front lot line, and setback areas shall be determined from said front lot line th°n. A portion of a lot or site Tess than twenty feet (2(?) in '~ width providing access from a street fo the principal pardon of the site shall not be used in calculating permitted gross residential floor area on fhe site. 12-94-92: HOME OCCUPATIONS: A. Permit Required: The conducf ofa home occupation, where pem~itted as an accessory use by the provisions of this Ttitle, shall be subject to issuance of a home occupation permit by the Aadminisfrator. Application steal! 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 cusfomers, clients or students, and other features of fhe home occupafion. The application shall describe in detail the mannerin which fhe home occupation wNl conform ~it# to the requirements of this Cshapter. B. Application Contents: An application for a home occupation permit shall be made upon a form provided by the Aadministrator. The application shall be supported by documents, maps, plans, and other material as requested by the Aadministrator to evaluate fhe proposal. Application materials may r"nclud~, but not be limited to, floor plans, site plans, parking and traffic circulafion plans, verification of liability insurance, and tifle reports. C. Permit issuance And Findings: After review of the application, the Aadministrafor may issue a home occupafion permit if he/she finds that the proposed use wifl conform fo fhe requirements of this Cshapter. The permit may be subject to such conditions as fhe Aadminisfrafor deems 64 necessary to guarantee operation of the home occupation in accordance with the requirements of this Cshapter and compatibly with other uses in fhe vicinity. The Aadministrator shall deny the applicafion ifhetshe finds that the proposed use will not conform ~vit# to the provisions of this Cshapter, or would be injurious or detrimental to other properties in the vicinity. D. Permit Time Limit; Renewal: Home occupafion permits, when issued, shall be for a limited time period not exceeding one year. Permifs 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 frndings with respect fo an application far renewal as for the original issuance of a home occupation permit. 12-14-13: REGULATIONS APPLICABLE TO PARTICULAR USES: The regulations set out in secfion 92-9414 of this Cshapter shall be applicable fo the uses listed in That secfion in any zone district in which the use is a permitted use or a conditional use. 12-94-15: SIGN REGULATIONS: All signs shall be regulated in accordance with the provisions of Tt#le 19 of this Csode. The Ttown Csouncil may by ordinance provide for the adminisfrafion and enforcement of the provisions of Ttitle 19 by the Aadministrator or other administrative official, and may provide for review and approval procedures pursuant to Ttifle 19 by the Delesign R€eview • Bi~oard established by this 7't`ifle. 12-74-16: PROPERTY OWNER MAINTENANCE RESPONS181LITY: Property owners shall be responsible for improving the area from fheir property fine 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 fhe Ddepartment of P;eublic W~vorks. 92-14-17: SETBACK FROM WATERCOURSE: Minr'mum setback from a creek or stream shall be not less than thirty feet (30') from the center of fhe established creek or stream channel as defined by fhe Ttown Csomprehensive Pplan base maps; provided, however, that the setback from Gore Creek shall be frfty feet (50). Natural creek or stream channels may not be rechanneled or changed. 12-1418.° BED AND BREAKFAST OPERATIONS: C. Compliance: If shall be unlawful for a bed and breakfast operation to da business without a conditional use permit from fhe Pplanning and Eanvironmental Gsommission afterJune 12, 1990, or to operate in violation of any of the provisions of this cede. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12} months, regardless of any infenf 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. 65 E. Review Of Decision: The Ttawn Csauncil, fhe applicant, adjacent property owner or the Ttawn Mmanager, may appeal/call up to fhe Ttown Ceouncil for review any decision made by the Prylanning and Eenvironmenfal Csommission regarding a candifiona! use permit forbed and breakfast as per section 92-3-3 of this Ttifle. 92-94-79: SATELLITE DISH ANTENNAS: A. Purpose: The purposes of this section are as follows: 2. To protect and support the aesthetic cancerns of the Ttown, a resort community which must remain aesthetically pleasing to visitors to remain ecanomically viable. C. Applicatian; Review: Satellite dish antennas shall comply with all fhe requirements set forth herein. Person ar persons wishing fo install a satellite dish antenna within fhe Ttown shall submit an application fo the Ddepartmenf of Csommunify D~ievelopment far review. The application steal! set forth the following: 9. Completed ,Ddesign Reeview 8baard application form. 2, Site plan showing proposed Ioeation of fhe satellite dish antenna. 3. Descriptian of the satellite dish antenna (Le., size, design, materials, etc). 4. Color sample (if applicable). 5. Landscape plan (if applicable}. 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of fhe Ddepartmenf of Csommunity Ddevelopment. Upon receipt of application, it shall be reviewed by fhe Ddepartmenf of Csommunity D€levelopmenf. If the Ddepartment of Csommunity Delevelopmenf determines that the requirements set faith herein have been met, they shall forward the application fo the Ddesign Rreview B+~oard for consideratian of whether ar not the satellite dish antenna meets the requirements set forth herein in subsection 12-7 7-5H of this T#ifle. D. Compliance Wifh Requirements; Variance: 7. Requirements: Satellite dish antennas shall comply with the following requirements: a. No more than one satellite dish antenna shall be allawed an any lot as delineated an the dfficla! Zoning Map ' S mc~p. g. Issuance of a building permit from the !?eleparfinent of Csommunity Ddevelopment shall be required prior fa the installation of any satellite dish antenna. h. Adjacent property owners and owners of dwelling units on fhe same !of as the applicant shall be notified of any application far the installation of a satellite dish antenna. Notification procedures shall be as outlined in subsection 12-3-6C of Phis Ttr""tie. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as fhe applicant shall be provided fo fhe Ddeparfinenf of Csommunity Ddevelopmenf by fhe applicant. i, Due to the special aesthetic importance of the core areas of the Tfown, exterior installations of satellite dish antennas in Csommercial Csores 7, 2, Lionshead Mrrrixed Ut~se 9, and Lianshead Mmixed Utrse 2 gene De-istricfs shall be permitted only if screened by some type of enclosing structure. Said structures required fo enclose a satellite dish antenna in these areas shall 66 comply with all applicable zoning regulations acrd shat! be architecturally compatible with the exisfing structure. 67 CHAPTER 12-15: GROSS Zone Districts HR ~ Niflside Rtesidertti~ SFR Single-Ft`amily Residential R Two-Ffamily Rresidenfial PS Twa-Family Pprimary/ Ssecandary Rresidentr"al RC Residential Csluster LDMF Law 141mulfiple- F#amil y MDMF Medium Nlrnultiple- F#amil y HDMF High Mrxtultiple- Ffamil y H Housing Ddensity Da'ensity Ddensity ESIDENTIAL FLOOR AREA (GRF AI: GRFA Ratio GRFA CRFDI TS (Added to results of application of Percentage) 0.43 of life € 10, 000 sq. ft,, plus None 0.25 of site area ~ 10,(30£) and € 22,000 sq. ft., plus D.O7 of srfe area ~ 22, 000 sq. ff. 0.40 of sife area € 10, 000 sq. ff., Notre plus 0.13 of site area ~ 10, 000 sq. ff. 0.46 of sife area € 10, 000 sq. ft., None plus 0.38 of sife area ~ 10,000 and € 15, 000 sq. ft., plus 0.73 of site area } 15,000 and € 30,000 sq. ff., plus 0.(36 of site area ~ 30, 000 sq. ft. 0.46 of site area € ?0,000 sq. ft., None plus 0.38 of sire area > ?0,000 and € 15,000 sq. ft., plus 0..13 of site area ~ 15,000 and € 3Q000 sq. ft., plus 0.06 of sife area ~ .30,000 sq. ft. {the secondary unit shall not exceed 40l of the allowable GRFA) _ 0.38 of buildable area None 0.44 of buildable area I Nane I 0.58 of buildable area Nane 0.78 of buildable area Norte Per Pslanning and Nane Eenvr`ranrnental Csarnmissian approval 68 PA 0.80 of buildable area None Public Aaccommodafion CC1 0.80 of buildable area None Commercial Clore 1 CC2 0.80 of buildable area None Commercial Clare CC3 0.30 of buildable area None Commercial Clore 3 CSC 0.40 of buildable area None Commercial (GRFA shall not exceed 50% of Sservice Center the center total building floor area on any life) ABD 0.60 of buildable area None Arterial Bbusiness HS None permitted None 1°feavy S~ervr"ce LMU-1 2.5 of buildable area None Lionshead 1Vlmixed Use 1 LMU-2 2.5 of buildable area None Lr`onshead Affixed Use 2 A 2,000 sq. ff. None Agricultural and Qepen Sspace CR None permitted None Clufdoar Rfecreafion P None permitted None Parking GU Per Pplanning and None General Uuse Eenvironmenfal Csommission approval NAP None permitted None Nafura! Aarea Psreservation SBR Per Ttown Csouncil approval None Ski B,~ase/Rrecreatr'on ~9 SDl~ Special Ddevelopmenf Ddisfricfs SBR2 Ski B,~ase/RFecre atian 2 Per underlying raring or per development plan approval by Tfown Csouncil Per PSlanning and Eenviranmental Csommissivn approval None None • 72-15-3: DEFINITION, CALCULATION, AND E)CCLUSIONS: ~2-95-3A: Within The Hillsr`de Residential {HR}, Single-Family Residential (SFR}, Two-Family Residential (R}, And Twv-Family Primary/Secondary Residential {PS}, Districts: 9A: (4}Attic Areas Wifh ,Ale-+ss Non-truss System: A ffic areas creafed by construction of a roof struefure utilizing a ~s non-truss sysfem, with spaces greafer fhan five feet (5"} in height, if all of the fallowing criteria are met: (5) Atfic Areas Wifh 1'Jess Non-truss System' Attic areas creafed by construction of a roof structure utilizing a mss non-truss system, with spaces greafer than five feet {5) in height, if all of fhe fallowing criteria are met: 2. Additional Calculafion Provisions: {2} If a raafstructure is designed ufilizing a n~~ non-truss system, and spaces greafer than five feet (5) in heighf result, fhese areas shall not be caunfed as GRFA if all of the following criferia are met: 92-15-4: INTERIOR CQNVERSIONS: 8. Applicability.' Within al! zone districts except fhe Single-~Famr'ly Residential ~~^,,.r~_f~.r;r., ra°:~r~.,f;°! (SFR), Two-Family Residential tvva- fomideetial (R}, and Two-Family Primary/Secondary Residential fi.,., f.,.~.,,a..,r;.w,~.,.r~.,:.~.~~~ (PS} Dcfistricts, dwelling unify fhaf meet or exceed allowable GRFA will be eligible to make inferior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via fhe "interior space conversion" provision in excess of existing ar allowable GRFA including such units located in a Special Development Drs#rict s+al ;provided, fhaf such GRFA complies Wifh the standards outlined herein. G. Standards: ~. Proposals for GRFA pursuant to this section may involve exterior modifications fa existing buildings, however, such modifications shall not increase fhe building bulk and mass of the existing building. Examples of exterior modifrcatians which are considered to increase building bulk and mass include, but are not limited to, fhe expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes 7Q mare Phan two (2) vertical feet of existing exterior walls and fhe expansion of existing roofs. Notwifhsfanding fhe fwo (2) vertical foot Ir'mifafion to regrading around a building described above, addifiana! regrading may be permitted in order to allow far egress from new inferior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows ar doors as per the minimum necessary requirement for fhe adopted building cede. Examples of exterior madifcafians which are not considered fo 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 permifted by this section. Prior fo approval of proposed dormers ar regrading far windows or doors as described above, fhe sfaff or the Delesign Rfeview Bboard shall find that they do not add significantly to fhe bulk and mass of fhe building and are compatible with the overall scale, proportion, and design of the building. For fhe purpose of this section, "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 tofal cumulative lengfh of the dormer(s) does not exceed fifty percent (5l?%) of the length of fhe sloping roof, per roof plane, from which the dormer(s) projects. D. Process: Applications shall be made to the Ddepartment of Ceommunity Defevelopment staff on forms provided by the tidepartment. Applications for Inferior conversions fo single-family, fwo-family, primarylsecondary or multi-family dwelling unify located in a Especial De~evelopment Dslistricf (5DD) pursuanf to this section shall also be allowed without amending fhe GRFA provisions of the SDD. However; properties with GRFA restrictions recorded on fhe plaf far fhe development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If fhe property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or G 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 ofa letterofapproval or signature on fhe application. The planning sfaff will review fhe application to ensure fhe proposed addition complies with al! provisions of the interior conversion section. Submittals shall include: 1. Application fees pursuant to fhe current fee schedule, 2. Information andplans asset forth and required by subsection 12-11-4C of this Ttifle or as determined by fhe Delepartment of Csammunity C?developmenf staff. Applicants need to submit as bur'If floor plans of fhe structure so that staff can identify the existing building from any new additions fhaf have occurred offer the approval of this Cshapter. 3. Proposals deemed by the Dd'epartment of Csommunity delevelopmenf staff to be in compliance with this section and all applicable zoning and development regulations shall be approved by the pdepartment of Gsommunify Ddevelapment or shall be forwarded to the l3design Rreview Bboard in accordance with Cshapter 11 of this 7'tifle. Proposals deemed fa not comply with this section or applicable zoning and development regulafions 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 71 protect. 5. Any decisions of the Ddepartment of Gsommunity De-evelapment pursuant to this secfion may be appealed by any applicanf in accordance with the provisions of section 12-3-3 of this Ttlfle. 12-15-5: ADDITIQNAL GROSS RESIDENTIAL FLQC7R AREA (250 C)RDINANCE}: 6. Applicability: The provisions of this section shall apply fo dwelling units in all zone districts except the Ssingle-Faamily Rresidential (SFR}, T~nro- Ffamily,F~fesidential (R}, and T#wa-FfamilyPprimary/Srsecond,~ryRresidentlal {PS) Delistricts. C. Single-Family Dwellings And Two-Family Dwellings In Zone Districts ©ther Than The Single-Family Residential (SFR}, Two-Family Residential (R}, And Two-Family Primary/Secondary Residential (IBS) Districts: Asingle- family or fwo-family dwelling unit shall be eligible for addifiona! gross residenfial float area (GRFA) not fo exceed a maximum of two hundred fifty (,250) square feet of GRFA in addition fa 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 fallowing criteria: 1. Eligible Time Frame: Asingle-family ar two-family dwelling unit shall be eligible for addifiona! GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed []design Rreview Bboard application for fhe original construction of said unit has been accepted by the Od'epartmenf of Csommunity De-evelopment by November 30, 1995. 1n addition, of least free (5} years must have passed from fhe dafe fhe single- family dwelling or two-family dwelling unrt was issued a cerfificafe of occupancy (whether temporary ar frnal) or, in the event a certificate of occupancy was not required for use of the dwelling at the time ofcorrrpletion, 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 devefapment standards. if a variance is required for a proposal, r`t shall be approved by the Pplanning and Eenvironmental Csommission pursuant to Cshapter 1 ~' offhis Ttitle before an application is made in accordance with this section. The applicant must obtain a building permit within one year offinal Pplanning and Eenvironmental Csommission approval or the approval for addifiona! GRFA shall be voided. D. Multi-Family Dwellings: Any dwelling unit in amulti-family structure that meets allowable GRFA shall be eligible for addifiona! gross residenfial floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition fo the existing or allowable GRFA for fhe site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: Amultiple-family dwelling unit shall be eligible for addifiona! GRFA, pursuant to fhr's section, if it is rn existence prior to November 30, '1995, or a completed Ddesign Rreview 8,board application for the original construction of sar'd unit has been accepted by the Ddepartment of Csommunity development by November 3Q, ?995. !n addition, of least five (5) years must have passed from fhe dafe the building was issued a 72 certifrcafe of occupancy (whefher temporary or real) or, in fhe event a certif<cafe of occupancy was not required for use of the building at fhe time of completion, from the date of original completion and occupancy of the building. 2. Use Of Addifional 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, if shall be approved by fhe Pplanning and Eenvironmenfal Ccommission pursuanf fa Cshapter 97of this Ttifle before an application is made in accordance with this secfion. The applicant must obtain a building permit within one year of l'rnal Pplanning and Esnvr°ronmenfal Csammission approval orthe approva! foradditianal GRFA shall be voided. E. Procedure: 1. Application; Canfent: Application shall be made on forms provided by fhe Da-epartmenf of Csommunity Da~evelopment. !f fhe 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 Iimifation, the written approval of fhe otherprope,rfy owner, owners or applicable owners" association shall be required This can be either in the form of a letter of approva! or signafure an fhe application. The application shall also include: a. A fee pursuant fo the currenf schedule shall be required with the appir'cati©n. b. Information and plans asset forth and required by subsection 12-11-4C of this T#itle_ c. Any ether applicable information required by the Ddepartment of Csommunity Ddevelapment to satisfy the criteria outlined in this secfion. ~. Hearing Sef; Nvtice: Upon receipt of a complefed application for additional GRFA, the Ddesign Rreview B,~oard sha11 set a date for a hearing in accordance with subsection 12-~ 1-4C2 of Phis Ttiffe. The hearing shall be conducfed in accordance wifh subsections 92-17-4C2 and C3 of this Trifle. 3. Compliance ©efermined: If fhe Dd'epartment of Csvmmunify Ddevelopment staff determines that the site far which fhe application was submitted is in compliance with Ttown landscaping and site improvement standards, the applicant shall proceed as follows: a. Application for GRFA additions which involve no change to fhe exferioraf a strucfure shall be reviewed and approved by the Ddepartmenf of Csommunity Ddevelopmenf. b. Applications for GRFA additions involving exterior changes fo a building shall be reviewed and approved by fhe D€~esign Rreview B,board in accordance with the provisions of this secfion. A•. Compliance Required: If the Dd'epartment of C6ommunify Ds~evefopment staff determines that the site far which additional GRFA is applied for pursuant fo this secfion does not comply wifh minimum Tfown landscaping ar life standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certifreafe of occupancy will be issued for the addifional GRFA added to fhe site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought 73 into compliance with said Ttawn minimum standards, which plans and materials steal! be reviewed by and approved by fhe Udeparfinent of Csommunity t~developmenf. CHAPTER 12-16: CQNDITI©NAL USE PERMITS:. 92-96-2: APPLICATIQN; C®NTENTS: G. A List of the owner or owners of record of the properties adjacent to the subjecf property which is subject of the hearing. Provided, however, notification of owners wifhin a condominium project shall be satisfied by notifying the managing agent, or the registered agenf of fhe condominium prajecf, or any member of the board of directors of a condominium association. The list of owners, managing agenf of the condominium project, registered agent or members of the board of directors, as appropriate, shah include the names of the individuals, their mailing addresses,, and the general description of the property owned ar 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 fhe notice of hearing It will be the applicant's applisan~ts responsr`bNify to provide this information and stamped, addressed envelopes. Notice fo the adjacent property owners shall be mailed first class, postage prepaid. 12-16-3: FEE: The Ttawn Csouncil steal! sef 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 fhe time of fhe application, and shall not be refundable. 12-98-4: HEARING: Upon receipt of a conditional use permit application, the Pplanning and Fenvironmental Csommissr`on shall set a date forbearing in accordance with subsection 12-3-~fiC, '"notice", of this Ttifle, shall be given, and the hearing shat! be conducted in accordance with subsections 12-3-6C and D of this Ttitle. 72-96-5: PLANNING AND ENVIRONMENTAL CaMMISSION ACT10N: A. Possible Range Of Action: Within thirty (3(lj days of the application for a public hearing an a conditional use permit, the Pplanning and Eenvironmenfal Csommission shall act on the application. The Csommission may approve fhe application as submitfed or may approve the application subjecf to such modifications or conditions as it deems necessary to accomplish the purposes of this Ttifle, or the Csommission may deny the application. A conditional use permit may be revocable, may be granted fora limited Time period, or may be granted subject to such other conditions as fhe commission may prescribe. Conditions may include, but shall not be limited fa, requiring special sefbacks, open spaces, fences or walls, landscaping ar screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; contra) of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. 74 92-95-6: CRITERIA; F1NDlNGS: A. Factors Enumerated: Before acting on a conditional use permit application, the P;planning and Eenvironmenfal Csommission sha!! consider the following factors with respecf to the proposed use: 6. The Eenvironmental !impact Rreporf concerning the proposed use, if an €enviranmental !impact Rreport is required by Cshapter 12 of this Ttitle. B. Necessary Findings: The P,elanning and Eenvironmenfal Csommission shall make the follawing findings before granfing a conditional use permit: ~, That the proposed location of fhe 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 a conditional use permit. These criteria and standards shall be r`n addition to the criteria and findings required by section 12-? 6-6 of this Cshapter. A. Uses And Criferia: c. The number, size and focaflan pf vehicles permitted to be stared shall be determined by fhe Pplanning and Esnvironmenfal Csammission 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 fa operate a childcare home and a currenf copy of the license shall be kept on file in the 7fown of Vail Csammunity Ddevelopment Ddeparfinent. d. The proposed coordinated mixed use development containing the single- familyand/ortwo-family residential dwellings is consistent with fhe intent and objectives of the L,ionshead Rredevelopmenf 1Vl~aster Pplan. CNAPTE'R 12-17: VARIANCES: 92-7?-1: PURPOSE: 8. Development Standards Excepted: Variances maybe granted only with respect to fhe development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk contra!, life coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Cshapfer 11 of this Ttitle, governing physical development on a site, C. Use Regulations Nat Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary fa avoid results inconsistent with fhe objectives of this Ttitle is provided 6y Cshapfer 16, "Conditional Use Permits ", and by section 12-3-7, 'Amendment" of this T#ifle. 92-17-2: APPL.ICATlON INFORMATION REC~UlRED: 75 Application for a variance shall be made upon a form provided by the . Aadminisfrator. The application shall be supported by documents, maps, plans, anal other material containing the following information: E. Such additional material as the Aadministrafor may prescribe or the applicant may submit pertinent to the applicafr`on and to the findings prerequisite to the issuance ofa variance as prescribed in section 72-17-6 of this Cshapter. 12-77-3: FEE: The Ttown Csouncil shall set a variance fee schedule sufficient to cover the cost of Tfown staff time and other expenses incidental fo the review of the application. The fee shall be paid at fhe time of application, and shall not be refundable. 12-17-4: HEARING: upon receipt of a variance application, the Pplanning and Eenvironmenfal Ceommission shall seta dafe forbearing in accordance wifh subsection 92- 3-68 of this Tfiffe. Notice shall be given, and the hearing shalt be conducted in accordance wifh subsections 12-3-SC and D of fhis T~fitle. 92-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the Pplanning and Eenvironmental Csommissr'on shall act on the application. The Csommission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this T~title, or the Csommission may deny the application. A variance may be revocable, may be granted fora limited time period, ormay be granted subject to such other conditions as the Csommission may prescribe.. 12-97-6.• CRITERIA AND F1NDlNGS: A. Factors Enumerated: Before acting on a variance application, the Pplanning and Eenvironmental Csommission shat! consider fhe following factors with respect to the requested variance: B. Necessary Fr'ndings: The Pplanning and Eenvironmental Gsommission shall make the falbwing findings before granting a variance: 9. That fhe granting of fhe variance will not constifufe a grant of special privifege inconsistent with the limitations an otherproperfies classified in the same Zane district. 3. That fhe variance is warranted for one ar more of the fallowing reasons: a. The strict or literal interpretation and enforcemenf of the specified regulation would result in practical di~cuity or unnecessary physical hardship inconsistent wifh fhe objectives of this 7fitle. 76 b, There are exceptional or extraordinary circumstances or condifions applicable to fhe sife of fhe variance that do not apply generally to other properties in the same zone district c. The strict or literal interpretation and enforcement of the specified regulafion would deprive the applicant of privileges enjoyed by the owners of other properties in fhe same zone district. Staff Comment: The proposed text amendments seek to standardize the vocabulary used to refer to zone districts, such as Hillside Residential, or Public Accommodations. A common term used throughout our Code will help alleviate confusion. This is a problem that has occurred throughout the Code, and is corrected through text amendments throughout this section. CHAPTER 12-18: N©NCONFQRMINQ SITES. USES. STRUCTURES AND SITE IMPROVEMENTS: 12-18-3: SITES: Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform fo the minimum Iot area and dimension requirements prescribed by this Ttifle forthe zone district in which they are situated maybe continued and shall be deemed legally established building sites, subject to fhe 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 sfrucfure lawfully established prior to the effective date hereof which does not conform fo the use regulations prescribed by this Ttitle for the zone district in which it is situated maybe continued, provided that no such nonconforming use shall be enlarged fo occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area orfloorarea occupied by a nonconforming use shall be deemed a new limitation, and the use shalf not thereafter be enlarged to occupy a greater site area or floor area than such new limn"cation. 92-f8-5: STRUCTURE ANU S1TE 1MPROVEIVIENT.' Structures and site improvements lawfully established prior to fhe effective date hereof which do not conform fo the development standards prescribed by Phis Ttifle for the zone district in which fhe y are situated may be continued. SUCK Structures or Site improvements maybe enlarged Only in aCGOrdance with the following limitations: 12-98-7: ~ISCO~NTINUANCE: Any nonconforming use which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shat! not be resumed thereafter, and any fufure use of the site or structures fhereon shall Gonform tv wi#,~ the provisions of this Ttitle. 72-98-8: CHANGE OF USE: A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Ttown Csouncil. Priorto granting 77 such permission, the Csauncil shall determine that fhe proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with fhe character of fhe area in which it is located, and the council shall determine that fhe proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. 12-1~-9: RESTORATION: Whenever a nonconforming use which does not conform with fhe regulations for the zone district in which it is locafed, ar a nonconforming structure or site improvement which does not conform wifh fhe requirements for setbacks, height, densify control, building bulk control or site coverage is destroyed by frre or other calamity, by act of God or by the public enemy, its use maybe resumed or fhe structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construcfion must conform to fhe applicable adopted building codes, fire codes and other relevant codes regarding safety and cvnstrucfian which are in effect of fhe time rebuilding is proposed CHAPTER 12-13: 1/ESTED PROPERTY RIGHTS 12-19-2: DE1=1NlTIONS: SITE SPEGlFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, ar a Special Development Disfrictspe~ial Genf diiGf development plan, CHAPTER 12-20: ANNEXED AREAS: 12-2Q-3; DESIGNATED ON OFFfCIAL ZONING MAP: The zone disfricfs imposed on an annexed area shall be shown vn a map which sha!! became an addition fo the Official Zonr`ng Map adopted by Section 12-5-i of this Title. CHAPTER 12-21: HAZARD REGULATIONS: 12-21-3: MAST,E'R HAZARD PLANS: The Town Manager shall formulate and develop Mmaster Nhazard Ppians for the Town. Said Hl~azard Ppians shall be based an engineering studies and shall indicate the bcatian 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 fhe Town Manager. Maximum citizen participation during the formulation of the M+~asfer Hiaazard Ph+lans as well as other phases of the information implementation of the hazard studies and regulations; shat! be encouraged. The purpose of the Mr~aaster Hiaazard P~elans 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 fo the understanding of fhe relationship between the hazards and improvements 78 located within said areas. The Meaaster H#azard Pplans may be alfered from Time to fime to conform #o wit# new information yr exisfing conditions. 1 Z-29-?0: DEVELOPMENT RESTRICTED: D. The Adminisfrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reparfs as tv whether or not improvements are required to mitigate ~~~~st the possible hazard, lfmitigation is required, said information and report should specify the improvements proposed ##~~~{tee in the ,blue avalanche hazard zone. The required information and reports shall be done in accordance with Chapter 12 of this Title. ?2-2?-?4: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE sLOPES: The following additionai special restrictions ar requirements shall apply tv development on any lot in a Hillside Reddential, Single-Family Residential, Two-Family Residential or Twa-Family PrimarylSecondary Residenfiai #illsid~ K~t~.~'s~tia~S ~~Ic { .wily-~Fesi ~ "~al~ve faxnilp ' l zene Dslistrict where the average slope of the site beneath fhe existing or proposed structure and parking area is in excess of thirty percent {30%): 1. The Aadministrator may require an Eenvironmental limpacf Rreport as provided in section ? 2-12-2 of this Ttitie. K. Setbacks, as they apply fo this Cshapfer, as required by sections ?2- 6A-6, ?2-fiB-8, ?2-fiC-6 and ?2-6D-fi of this T?ifie, are amended as follows: there shall be no required front sefback far garages, except as may be required by the D~lesign Rreview Bboard. Garages located in the frvnf sefback, as provided for in this section, shall be limited to one story in height knot to exceed ? 0 feet) with fhe addition of a pitched or flat roof and subjeef to review and approval by the Ddesign Rreview B,~oard. L, Refaining wails up to six feet (6°} in height may be permifted in the setback by the Ddesign Rreview Bboard when assocr'ated with a permitted garage as referenced in subsection K of this secfion. 72-29-?5: RESTRICTIONS 1N GEOLOGICALLY SENSITIVE AREAS: F. Notice Requirements 4. All owners, ~s lessees or agents who rent, lease or sublet any structure or premises within an area of geologic sensifivity shall provide the tenant, lessee or subtenant with written notice thaf said property is located within said area prior to any lease being entered into or occupancy, whichever occurs ~rsf, if said rental lease or sublease will exfend into the period of Apri! 1 through July ? of any year. CHAPTER 12-22: VIEW CORRIDORS: 12-22-5: AMENDMENTS: An amendment of fhe regulations of this Gshapter, including a request to add anew view corridor, delete an exisfing view corridor, oramend the boundary of an existing view corridor, may be initiated by the Ttown Csvuncii on its own motion, by the Pplanning and Eenvirvnmenta! Csommissivn on ifs own 79 mofion, or by application of any resident or property owner in fhe Toown, or by the Aadministrator or his/her designee. A. Application Informafian For Amendments: An application for the amendment of fhe provisions of this Cshapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with fhe Ddepartment of Csommunity t~developmenf on a form to be prescribed by fhe Aadministrator. The application shall include fhe following information: C. Criteria For Amendments: The Town Council shat! only approve an amendment fo 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 Vail Land Use Plan, Town policies, and Urban Da-esign Gguide Plslans and other adopted master plans, and meets all of the following criteria: 72-22-6: ENCROACHMENTS INTQ EXISTING VIEW CORRI,C?ORS: An application farapproval to encroach into an existing view corridormay 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 ar property owner in fhe 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 encroachmentmeefs all of the following criferia.° 4. That the development proposed by the applicant complies with applicable elements afthe Vail Land Use Plan, Tawn policies, Uurban Ddesign Gguide Pplans, and other adapted master plans. 9~-22-7: NONCONFORMING STRUCTURES: D. Restoration: Whenever a nonconforming structure which does not conform to Stith the provisions of this Chapter is destroyed by frre or other calamity, by act of God, or by the public enemy, its use maybe resumed or the structure may be resfared provided the restoration is commenced within one year and diligently pursued to completion. The strucfure after such restoration shall not encroach into a view corridor fo a greater extent in any dimension or confrguration, specifically height, width, or mass, than the encroachment which existed prior fa destruction. TITI_.E 13: SUBDIVISION REGULATIONS: CHAPTER 13-2: DEFINITIONS: 13-2-2; DEFINITIQNS: When used in this Ttitle, the fallowing words and phrases shall have the specific meanings as defined in this Cshapter; ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the Ttawn Eengineer as per the design standards (Cshapter 1 Cl of #his 'Ttitle). ADMINISTRATOR: The Aadminis#rator of the Ddepartment of Csommunity Ddevelflpment or his/her designee. DEDICATION: A grant by the owner of a right to use land to the public in 80 general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the Ttown. FINAL APPROVAL: Approval by the Pplanning and Eenvironmental 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 P{~lanning and Eenvironmental Ceommission decision on the final plat, if the Ceouncil does not appeal. PRELIMINARY PLAN: The preliminary drawings described in .these regulations indicating the proposed manner or layout of the subdivision to be submitted to the Pplanning and Eenvironmental Ceommission for approval. SUBDIVISION OR SUBDIVIDED LAND: C. Compliance: No subdivision shall be approved which includes elements not in conformance wikh the provisions of any applicable zoning ordinance or other ordinance of the Ttown or law or regulafrons of the state. F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Ttown of Vail as a legally subdivided lot, and which shall contain single-family or primary/secondary detached dwelling.. units. Each such dwelling unit shall be separated from any other dwelling unit by space on all sides. For zoning purposes, the lots created by asingle-family subdivision shall be treated as one lot, CHAPTER 13-3: MAJOR SUBDIVISIONS 13-3-3: PRELYMINARY 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 EenvironmentaY 1+mpact Rreport required. 13-3-6: FINAL PLAT: B. Requirements And Procedure: 1. Copies Required: The subdivider shall submit eight ($} copies of the final plat, two (2} or more of which shall be mylars, twelve {12} copies of the final Eenvironmental Iiimpact Rreport and any additional material as required by subsection B3 herein. The final plat shall substantially conform to the preliminary plan and shall include changes as required after considera#ion on a preliminary basis by the Planning and Environmental Gommission. 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. Alsp, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7} days prior to the public hearing. 81 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 l+mpact Rreport if required by the Zoning Ordinance_ 13-3-13; SITE IMPROVEMENT PERMIT ISSUANCE: After final approval and acceptance of dedications {or payment in lieu thereof), appl'scable 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 lay 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 maybe wifhdrawn, if any proaect proceeds or attempts to proceed not in conformance with either the approved Eenvironmental I+mpact Rreport or the final plat and associated material as approved. CHAPTER 13-~: MINOR SUBDIVISIONS 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 prelminary plan procedures and submittals. Minor subdivisions may be required to submit an Eenvironmental • l+mpact Rfeport if required by Title 12, Chapter 12 of this Code. CHAPTER 13-7: CONDOMINIUMS AND CONDOMINIUM CONVERSIONS: ___ ?3-7-6: ADDITI©NAL REQUIREMENTS FDR CQNDC7MINIUM CONVERSIONS TO EMPLQYEE HOUSING UNITS: The applicant proposing to make a condominium conversion to employee housing units shall provide the fallowing documentation with the preliminary rnap.• A. Conversion Report Listing Building Conditions: A condominium conversion report from the Ttown Bbuilding C?effrcia! an the condition of the building, listing all building code violations, fire code violations and related violations which are detriments! to the health, safety and welfare of the public, the owners, and the occupants of the building. B. Required lnfomaation: As part of the P;~lanning and Eenvironmental Csommission's review of a conditional use permit request for conversion to employee housing units, the following submittal information shall be required'; a report of the proposed con version that includes a summary of the proposed ownership of the units; the approximate proposed sale price of units and frnancing arrangements to be provided by the applicant; a written statement demonstrating compliance with the ob1ectives outlined in the Vail Lland Uuse Pplan, with specific reference to goal statements 3.9, 3.2 and 3.3; a draft set of condominium declarations demonstrating compliance with the provisions of this Ttitle. These declarations will be reviewed again by the Ttown during the condominium platting process. 82 G. Plans And Descript-ons: Plans and descripfions showing how the following will be performed: 1. All site work shall be brought up to current Ttown standards unless a variance from those standards b4e~e#em is granted to the applicant by the P~elanning and Eenvironmenfal Csommission in accordance with fhe variance procedures of T#itle 92 of this code. The P~elanning and Eenvironmenfal Ceammission may, ifif deems necessary, require additional parking facilities to meet requirements of owners and guests of fhe condominium unr`ts. 2. Corrections of violations cited in the condominium conversion report by fhe E3buNding Oefficial. D. Maximum Sales Price: 1. Condominium Declarafr'ons: The provisions of this subsecfr'on D shall be incorporated directly info the condominium declarations for any units converted pursuant to this Cshapter. The Ttown shall reviewand administer these documenfs fo ensure compliance with these provisions. 2. Listing; Deposit; Sale: M the event that an owner desires to sell fhe unit, the ownershall execute a standard listing contract an forms approved by the Colorado Rreal Eesfate Csommission wr`th the Ttown providing for a one hundred eighty {180) day lr'sting period, orsuch other time period as required by the Ttown of Vail affordable housing guidelines in effect at the Time of listing. At this time, the owner shall deposit with fhe Ttown an amount equal to one-haff percent {9/2%) of the estimated value of the unit: The Ttown shall promptly advertise the unit for sale by competitive bid to qualified buyers. At fhe time of closing, fhe owner shall pay to the Ttown an additional one and one-half percent {7 1f21). 3. Resfricfion: !n 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 fhe date of owner's notice of intent to sell (prorated at fhe rate of 0.25 percent for each whale month for any part of a year).. Nothing herein shall be construed fo constitute a representation orguarantee by the Ttown that on sale the owner shall obtain fhe maximum sales pace. 4. Determining Maximum Sales Price: c. In order to qualify as permitted capital improvemenfs, the owner must furnish fo the Ttown fhe following information with respecf to the improvements which fhe owner seeks to include in fhe calculation of maximum sales price: {1) ©riginal or duplicate receipts to verify the actual costs expended by fhe owner for the permitted capital improvements; {2) Qwner's affidavif verifying that the receipts are valid and correct receipts tendered of the time of purchase; and (3) True and correct copies of any building permit ar certificate of occupancy required to be issued by the Ttown Bbuilding Ddepartment with respect fo the permitted capital improvements. d. Far fhe purpose of determining fhe maximum sales price in accordance with this section, the owner may also add to the amount specified in subsections D3 and D4a of this section, the cost of any permanent • improvemenfs constructed or installed as a result of any requirement imposed by any governmental agency, ar homeowners' association, 83 provided that written certification is provided fa the Ttown of both the applicable requirement and the information required by subsections Doc{1} Through Doc{3) of this section. 5. Permitted Capital Improvements: a. The term "permitted capital improvements" as used in Phis section shall only include the following: {1) lrnpr©vements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; c. All permitted captaa! improvement items and casts shall be approved by the Ttawn staff prior fa being added fo the maximum resale price as defined herein. 6. Closing Costs, Other Consideration: Owner shall not permit any prospective buyer to assume any ar all of the owner's customary closing costs nor accepf any other consideration which would cause an increase in the purchase price above the bid price so as to induce fhe owner to sell to such prospective buyer: 7. Procedure: !n fhe 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 fhe event owner receives two (2) or m+~re such bids equal to the rnaxr'rnuria sales price, the qualified buyershaJl be selected according to the priority for sale units set forth in the Ttown of Vail Femployee t-l,~vusing Gguidelines; and, in the event That al! such qualified bidders are of equal priority pursuant fo fhe guidelines, fhe qualified buyer sha116e 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 fhe lottery winner does not proceed to confract within five {5) business days after natifrcafion, fhe next in line will be ratified and so an, unfit the unit is undercontractforpurchase. Backup contracts in fhe priorifyordersetforth in the lottery will be accepted. Prospecfive purchasers must be prequalified by a fender prior fo submitting a bid for a unit of the subject properfy/project. The seller may reject any and al! bids, however; fhe owner is subject to the provisions in fhe Ttown of Vail employee housing guidelines pertaining to fhe listing fee. Bids in excess of the maximum sales price shall be rejected. If all bids are below maximum sales price, owner may accept fhe highest qualified bid. !f alF bids are below maximum sales price and two {2) or more bids are far fhe same price, the qualified buyer shall be selected by lottery from among the highest quaGf<ed bidders. $. IVonquaGfred Transferee: In the event that fide fa the unit vesfs by descent in individuals and/or entifies who are not qualified buyers as that term is defined herein (hereinafter "'nonqualified transferees}`}, the unit shall immediately be listed for sale as provided in subsection D3 of this section {including the payment of the specified fee to fhe Tfown}, and the highest bid Eby a qualified buyer, for not less than ninety five percent {g5%) of the maximum sales price or the appraised market value, whicheveris less, shall be accepted; if aN bids are below ninety five percent {95%) of the maximum sales price or the appraised markef value, the unit shall continue fo be listed forsale until a bid in accordance with this section is made, which bidmusfbe accepted. The cost of the appraisal shall be paid by fhe nonqualifr`eal transferee{sJ. $4 c. The Ttown, or fheir respective successors, as applicable, shall have the right and option to purchase fhe unit, exercisable within a period of fifteen (9 5) calendar days after receipt of any sales offer submitted fo fhe Ttown by a nonqualitied Transferee{s), and in the event of exercising their righf and option, shat! purchase the unit from the nonqualifred transferee(s) for a price of ninefy five percent (95©/0) of the maximum sales price, or the appraised markef value, whicheveris less. The offer to purchase shall be made by the nonqualified transferee{s) within hffeen {? 5) days of acquisition of the unit. E. Enforcement: 7'. 1n the event that the T#own has reasonable cause to believe the owner is violating fhe provisions of this secfr`on, the Ttown, by its authorized representative, may inspect fhe unit between the hours of eight o'clock (8:00) A.M. and five o'clock (5:0(3) P. M., Monday through Friday, after provr'ding the owner with no less than twenty four (24} hours' written notice. 2. The Ttown, in the evenf a violation of Phis Cshapter is discovered, shall send a notice of violation fo the owner detailing the nature of the violation and allowing fhe owner fifteen (75) days to cure. Said notice shelf state that fhe owner may request a hearing before fhe Vaif Ttown Csouncil within fifteen {15) days fo defermine the merr`fs of the allegations. !f no hearing is requested and the violation is not eared within the fifteen {15) day period, the owner shall be considered in violation of this section. !f a hearing is held before the Vai! Ttown Csouncil, the decision of the Ttown based on the record of such hearing shall be Erna! for the purpose of determining if a violation has occurred. If fhe Ttown determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shall be found to be in nancampliance. Penalties the Ttown may assess against the owner include eliminating resale gain (see subsection D3 of this section), and/or penalties found in section 7-4-1 of Phis Csode. 5. !n the evenf that fhe owner fails to cure any breach, the Ttawn may resort to any and all available legal action, including, but not limited ta, specific performance of the requirements of this section or a mandatory injunction requiring sale of the unit by owner. The cosfs of such sale shall be taxed against the proceeds of the sale with fhe balance being paid fo fhe owner. 6. In the event of a breach of any of fhe terms or conditions contained herein by fhe owner, his orherheirs, successors orassigns, fhe Ttown's initiallisted purchase price of the unit as set forth in fhis section shall, upon the date of such breach as determined by fhe Ttown, automatically cease to increase as set forth in this section, and shalt remain fried until fhe date of cure of said breach. 73-7-7: CON©OMlN1UM CONVERSION OF LODGE OR ACCOMMO©AT10N UNITS: A. No New Conversions Allowed; Exception: There sha11 not be permitted any conversion ofa lodge or accommodation unit within the T#own to a coedominium, except as provided for the provision of employee housing units. Employee housing units created pursuant fo this Cshapterare subject to fhe dehnifions, requirements and provisions of Ttitle ? 2, Cshapters t 3 and 16 of this Csode, as amended. 73-7-8: RESTRICTIONS ON UNITS CONVERTED PR10R TO FEBRUARY 85 7, 1'996' A. Compliance: Any accommodation unit within the Ttown which has been converted fo a condominium arhas received approval for a conversion prior fa fhe effective date of February 7, 1995, shat! comply with fhe requirements of this section. The requirements contained in this secfion shall not apply to sfrucfures or buildings which contain two (2) units or less, CHAPTER 13-10: CONSTRUCTION DESIGN STANDARDS. METHODS AND DETAILS 13-10-1Q: GOIVSTRUCTIOIV MATERIALS: B. Concrete: 7. Strength Required: All concrete shall have a specified compressive strength of four thousand (4,(3CtOf psi and shall be determined by ACI standard 318-71, sections 4.3.3 and 4.3.4. In non-frosfeen€restareas, lower fc' values maybe used in conformity with lacaf practice and perforrrrance. Far design charts using Lower fc' values, contact ACPA. 9. Slump: The mixture shall contain no mare water than is necessary to produce eoncrefe which is workable and plastic. The minimum slump necessary to place the concrete satisfactorily shall be used, Slumps should be maintained so as not fo exceed four and one-half inches (4 1/2') far non- vibrated nibratc~' placement and three inches (3') for vibrated placement. 13-1Q-11: CC)IVSTRUCTIONMETI-lOL3S: C1. Adjusting Frames, Covers, And 1/alve Boxes: • 2. Adjusting Frames. c. Manhole frames shall not be frnally set anti! fhe pavement adjacenf thereto has been completed. The manholes shall be left arlowered sufficiently below grade sa as not to inferfere with or form an obstruction to fhe preparation of the sub-base subt~~c~, base, and pavemenf. The manhole openings shall be temporarily covered by suifable means and the work constructed thereover. Due care shall be exercised to prevent foreign material Pram entering fhe manholes. After the pavement has been constructed, fhe necessary portions of fhe sub-base use, base, and pavement shall be neatly cut away, the manholes built up, and fhe cover frames set fo grade, following which any surrounding area from which fhe pavement base arsub- base ~~~ has been so removed shall be backfllled with concrete. 13-10-12: Bl!<E PATHS: A. General: This item shall consist of the construction of bituminous or eancrefe bike paths in accordance wifh fhese specifrcatians and the dimensions a~inaensien's shown an the plans. C. Construction Methods; Concrefe Bike Paths: 1. Excavation: Excavation shall be made to fhe required depfh and to a width fhaf will permit the installation and bracing of the forms. The foundation shall be shaped and compacfed to a farm, even surface conforming fo the secfion shown in Figure 3.617. When fhe Engineer determines that material is unsuitable sendastable, fhe malaria! shall be removed and replaced in accordance with subsection 3-1 Q-11 E of this Chapter. • $S Staff comments: After cansuiting with project engineers for the Town, it has been determined that the word "unsuitable" can replace the term "uncompactable," which is not a word according to various planning and building dictionaries. While the term may have implied "unable to be compacted", staff feels that unsuitable provides a more general term to describe the material CHAPTER 13-1 ~: SAMPLE CERTIFICATES: 13-11-2: CERTIFICATE +DF DEDICATION AND OWNERSHIP: CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN 8Y THESE PRESENTS that being soda owner(s) in fee simple of al! that real property sifuated 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 fhis fins! plat under the name and style of a subdivision in the Tawn of Vail, Eagle County, Colorado; and does hereby accept fhe responsibility for fhe completion of required improvements; and does hereby dedicate and set apart al! 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 rea! property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does herebygrant the right to instal! and mainfain necessary structures fa the entity responsible for providing fhe services for which the easements are established. Executed fhis day of (insert date here), A.D. ~920~ Owner.• (ff corporation) Corporation name Address by (signature) (type individual's name} Title {lf individual) (signature) (type name) Address ~fe of (fnsert State name) runty ofJ ~: (Insert county name) 87 The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.©. ~2Q by (insert name here). My commission expires: Witness my hand and seaf. Notary Public Address: 13-~ 1-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER: CERTIFICAT101V OF DEDICATION FOR MORTGAGE -H4LL?ER OR DEED ©F TRUST HOLDER KNOW ALL MEN BY THESE PRESENTS fhat being the holder of a mortgage or deed of trust an the real pr©perfy 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 Shawn on this final plaf under fhe name and style of a subdivision in fhe Town of Vail, Eagle County, Colorado; agrees to fhe dedication and setting apart alI of the public roads and other publr`c improvements and places as shown on fhe • accompanying plat fo the use of the public forever; and does hereby agree fo the dedicafion of fhese pardons of said real property which are indicated as easement an the accompanying plat as easemenfs far the purpose spawn hereon; and does hereby agree to the granting of the righf to install and maintain necessary structures to the entity responsible for providing fhe services for which the easements are established. Executed this day of (insert date here}, A. D. ~92t)~ Owner: (!f corporation} Corporation name Address by {signature} (type individual's name} Title (If individual} (signature) (type name) Address n LJ 88 State of (Insert State name} County of }-(Insert county name) The foregoing Certificafe of Dedication and Ownership was acknowledged before me fhis day of (insert date here), A.D. X920 by (insert name here). My commission expr`res: witness my hand and seal. Nofary Public Address.' 13-11-4: SURVEYOR'S C~E'RTlF1CA TE: SURVEYOR'S CERTlF1CATE (Far alI plats except condominium maps) ! do hereby certify that I am a registered Land Surveyor licensed under the laws of the Sfafe of Colorado, fhaf this plat is true, correct and complete as laid ouf, platted, dedicated and shown hereon, fhaf 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 fhe 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 !have set my hand and seal this day of (Insert date here}, A. D., X20_. (NAME) COLORADO LANf~ SURVEYOR NO. (For condominium maps) 1 do hereby certify fhaf l am a registered Land Surveyor licensed under fhe laws of the Stafe of Colorado, that this condominium map is Prue, correct and complete as laid ouf, platted, dedicated and shown hereon, that such condominium rnap was made from an accurate surveyofsaid property byme and under my supervision and correctly shows the horizontal and vertical Iocafion and dimensions of the condominiums, parcels, easements and streets of said condominium rnap as the same are staked upon the ground in compliance with applicable regulations governing fhe subdivision of land. In witness thereof l have sef my hand and seal this day of (insert date here), A.D. ~920_.COLOR4D0 LAND SURVEYOR NO. (Name) 89 13-7 9-5: 71TLE CERTIFIGATE.• T1TLE CERTIFICATE (Name of fide company) does hereby certify that the fine 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. #g20_ Title Company or Attorney's Name Address By (Signature) (printed name and tifle of off icer or affvrney) 13-9 9-6: CLERK AND RECORDER CERT1FlGATE: CLERKAND RECORDER CERTIFICATE This plat was filed for record in fhe office of the Clerk and Recorder vn this day of (insert date), A. D. ~2D~, at (insert number) o'clock (insert A.M ar P.ll~). Recorded under Reception No. (inserf number) in Book (insert fext) at Page (insert number). Clerk and Recorder Eagle Gvunty, Colorado By Deputy 93-~ 7-7: TQV'VN COUNCIL CERTIFICATE: T©WN COCINGIL CERTIFICATE This p/at approved by the Town Counci! of the Town of Vail, Colorado this day of (insert date here) A.D., -~2D ,for frling with the Glerk and RECOrder of Eagle County, Coforado and for the conveyance to the Town of Vai! of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail far maintenance of roads dedicafed to the public until construction afimprovements thereon shall have been completed in accordance with Town of Vail specifications, and the Town Council of the Town of Vai! has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guaranfee that soil conditions, subsurface geology, ground water conditions, or flooding conditions of any lot shown hereon are such that a building permit or any other required permit will be issued. This approval is wr`th the understanding that all expenses involving all improvements required shall be the responsibility of fhe subdivider and not the Town of Vail. 90 :7 • ATTEST.' Town Clerk Town of Vail, Colorado 13-1 ~-8: PLANNING CER71F1GATE.• PLANNING AND CERTIFICATE Mayor Town Gounci! Town of Vail, Colorada AND ENVIRONMENTAL COMMISSION ENVIRONMENTAL COMMISSION This final plat was approved by the Town of Vail Planning and Environmental Commission this day of (insert date here) , A.D. X924 ATTEST.' Town Clerk Ghairman Town of Town of Vai! Planning and Vail, Environmental Commission Colorado f 3-11-9: ADMlN1STRATOR CERTIFICATE: ACIMINISTRATOR G,ERTIF1CATiE This final plat is hereby approved by the Town of Vail Administrator this day of;(insert date here), A.D. -~32i1~ ATTEST. Town Glerk Town of Vail Administrator Town of Vail 73-9 ~-70: 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. 2Q,~ upon all parcels ofreal estate described on this plat are paid in full. Dated this day of {insert date here), A.D., ~32t7_ Treasurer of Eagle County 91 Staff Comments: Due to the change in millennium, staff needed to update the date section of the sample certificates above ko make it easier for the public to use the samples far their needs. We also inserted guiding text to make the samples more user-friendly. CHAPTER 13-12: EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this Gshapter is to establish criteria and an appropriate review process whereby the Pplanning and Eenvironmental Csommission may grant exemptions from the definition of the term "subdivision" far properties that are determined to fall outside the purpose, purview and intent of Cshapters 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 khis Csade has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 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 limpact Rfeport if required by Ttitle 12, Cshapter 12 of this Csode. 13-12-3: PLAT PROCEDURE AND CRITERIA i=OR REVIEW: The procedure for an exemption plat review shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The applicant shal6 submit two (2) copies of the proposal following the requirements for a final plat in subsection 13-3-68 of this Ttitle, with the provision that certain of these requirements may be waived by the Aadministrator and/or the Pplanning and Eenvironmental Csommission if determined not applicable to the project. B. Public Hearing: The Aadministrator will schedule a public hearing before the Pplanning and Eenvironmental Csommission and follow notification requirements for adjacent property owners and public native for the hearing as found in subsection 13-3-E3B1 of this Ttitle. C. Review And Action On Plat: The Pplanning and Eenvironmental Csommission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one {21) days of the,~rst public hearing an the exemption plat application or the exemption plat application will be deemed approved. A longer time period far rendering a decision may be granted subject to mutual agreement between the Pplanning and Eenvironmental Csommission and the applicant. The criteria far reviewing the plat shalt be as contained in section 13-3-4 of this Ttitle. D. Appeal: An appeal of the Pplanning and Eenvironmental Csommissian's decision by the Ttown Csouncil, the applicant, or an "aggrieved or adversely affected person" shall fallow the procedures outlined in subsection 13-3-5C of this Ttitle. 13-12-4: FILING AND RECORDING: The Ddepartment of Ceommunity Ddevelopment will record the plat and any 92 related documents with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the Ttown with a certification from the Eagle Counfij treasurer's office indicating that all. ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Ddepartment of 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 subsection 13-3- 50 of this Ttitle. CHAPTER 13-13: ADMINISTRATIVE PLAT CORRECTION PROCEDURES: 13-13-3: PLAT PROCEDURE AND CRITi=RIA F©R REVIEUV: A. Plat Procedure: Upon receiving two (2) copies of a complete submittal slang with payment of the appropriate fee, the Aadministrator shall route one copy of the proposed plat to the Ttown Eengineer for hislher review. The Aadministrator shall then conduct. hislher review concurrently. The Ttown Eengineer shall review the submittal and return comments and notifications to the administratorwho 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 section 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 nat alter the character, intent or development standards imposed under previous plat approvals. B. Criteria For Review: A plat correction or minor plat amendment may be approved upon the findings that: 1. The plat correction is in accordance with all applicable Ttown ordinances, standards, and the original conditions of plat approval; 13-13-4: FILING AND RECORDING: The Ddepartment of Csvmmunity Ddevelopment will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the town with a certification from the Eagle County treasurer's office 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 subsection 13-3-5C of this Ttitle. TITLE 1~: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-1: DEVELOPMENT STANDARDS: 93 14-1-1; PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe. and efficient development within the Ttown for pedestrians, vehicular #raffic, 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: APPLICABILJTY: lJnless 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 Bbuilding Cefficial, 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: ADMINISTRATt©N: The Ttown M+~anager, or Ttown Manager's designee, is authorized to make and enforce the rules and regulations contained herein in order to carry out the intent of the Ddevelopment Sstandards. These rules, regulations and standards shall be initially adopted by ordinance by the Vail Ttown Gsouncil 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 Csauncil prior to their enforcement. A copy of the approved Ddevelopment Sstandards shall be filed with the Ttown Gslerk's office. 1Nhere 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, kechnical 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 effec#ive date of adoption of the IDdevelopment Sstandards may continue, subject to the limitations prescribed by T~title 12, Cshapter 18 of this Csode. To encourage redevelopment, there shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the Ddevelopment Sstandards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the 113development 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 "demofrebuild" in the Zzoning Regulationssede, shall be required to adhere to the Ddevelopment Sstandards. 94 14-1-5: VARIANCES: Variances to the Ddeve[opment Sstandards may be allowed when practical difficulties and unnecessary physical hardships inconsistent with the purpose and intent of the Development Sstandards exist. Variances from the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 17 a# this Csode. The issuance of a variance shall not compromise the safety of a site or structure. 14-1-6: APPEALS: Appeals from decisions made concerning the pdevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 3 of this Csode. 14-1-7: ADC7PTl©N: "Town of Vail Development Standards Handbook", was adopted,by Ttown Csouncil on September 21, 1999, as amended. 95 Tier II: Staff Interpretations, Clarifications of Code, etc.. TITLE 11: SIGN REGULATiGNS CHAPTER 91-2; t3EF1NITIC)NS 77-2-1: DEF1N-TIDNS ENi11VlERATED: 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 if to rise and floa# in fhe atmosphere. BUSINESS, VACATED: A commercial entity that has been closed and vacated far more than ninety (9(1) days without intent to reopen. PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or engraved for mounting, as on a wa1! or fhe ground, in order to honor a person or persons, or to denote transfer of fhe property fa the public for public use. SIGN, ENTERTAINMENT;: A sign that serves fo advertise a visual or audio media format, including but not limited fo movies, television shows and audio CDs or records. • 51+GN, GARAGE SALE: (Also referred fo as YARD SALE SIGN~1: A temporary sign that announces a garage sale or similar event SIGN, MEMORIAL: A sign that commemorates an event ar person(s) and is placed on a memorial site, including a memorial fountain ar statue. S1GN, OFFICIAL GOVERNMENT: A sign thatis sanctioned by fhe Town of Waif far public use, including directional signs, fa control traffic or for other regulatory purposes. SIGN, PRIVATE NO PARKING: A sign on private property that alerts others ofnon-public parking space. SIGN, PROHIBITED: A sign thatis not allowed within fhe Town of Vail, or within a specific zone district of fhe Town of Vail SIGN, PUBLIC 1N1=0RMATION: A sign, display board or kiosk that is constructed, erected and maintained by the Town of Vail, or with fhe permission thereof, in order to inform fhe public of public amenities, community activities, special events, and personal information. SIGN, SALE: A sign that identifies a discounting of merchandise is faking place within the commercial establishment. SIGNS, EXEMPT: A sign that is not subject to the regulations of this Title. • 96 TABLET: A slab or plaque with a surface that is intended for or bears an inscription. Staff Comment: These proposed text amendments to the Definitions chapter of the Sign Regulations provide codified definitions for currently undefined terms. The lack of a definition causes confusion and ambiguity in the administration of the Sign Regulations. The proposed text amendments create a more user friendly document for the public. CHAPTER 11-2: DEFINITIONS 71x2-1: DEFINITIONS ENUMERATED: AGGRIEVED PERSON: ' ~' ' 7B~tif t#is-cede: Any person who will suffer an adverse effecf to an interest protected or furthered by this title. The alleged adverse interestmaybe shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. DISPLAY BOARD: . (Also Known As A MENU BOX): A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, real estate listings, entertainment opfions, or items related to the advertised business; allowed at eating and drinking establishments, real estate businesses and movie theaters only. SIGN, HANGING SIGN: . (Also referred to as PROJECTING SIGN) A sign fhat is attached to a building, extending horizontally beyond the surface of the building to which it is attached. SIGN, PROJECTING S~IyJ: (Also referred to as a HANGING SIGN) A sign that is attached to a building, extending horizontally beyond fhe surface of the building to whr'ch it is attached. SIZE: (See also ~°f~--~•'^-~~ ^f AREA, SIGN.) The dimension of a sign, determined by the type of sign, as further regulated by chapter ~6, "Business And Building Identification Signs", of this title. Staff Comment: These proposed text amendments to the Definitions chapter of the Sign Regulations provide complete definitions for terms where current definitions reference other terms or subsections of the code. Pointing the definition to another term ratherthan defining it has caused confusion and ambiguity in interpreting the Code. These changes will provide a more comprehensive definitions section of Title 11, SIGN, CONSTRUCTION S16Al: fie ~e~elepmerrf °i~: A sign permitted to identify a project under construction and the associated hazardous conditions that may include the project name and address. 97 TEMP©RARY SITE DEVEL©PMENT SIGN: A sign permitted to identify and descrilae a project under construction and the associated hazardous conditions, during large scale development periods defined by the Vail Town Council, as further regulated by 11-7-6. n r.mn wr. r~ .-..J.J .....+,, ~ ae~~~i J e•i$~c-vcr°cIL'~~i~.. ~r~IU~-nn$ inrli ir~a $Fta n~mo n$+s,e rve-.n-..~i sontrir_fer,'~`~L~ifer+$~ rant oc~~$o ~r~on$i nr n4F~ar ncs mrsnn ;r,he,~;;tlr M~.~n,..~oaT~~r~-~r:Tt`~ it.zde~~al~r:r Staff Comment: During Vail's Billion Dollar Renewal, there has been confusion among applicants as to which signs and which regulations apply to particular projects. Staff feels that construction sign and temporary site development sign should be clarified to create two separate terms, one for major development periods, and the other for general construction. We have also chosen to codify the requirements for each of these signs (revamping the Temporary Site Development Sign regulations and creating Construction Sign rags below). In the future, applicants will have a clear understanding of which signs apply to their projects. Staff will also have codified standards from which to regulate. 1=RClAJTAGE, LINEAR: The horizontal, lineal dimension of any side of a first story, second story, or o#her above grade level. When more than one use occupies a building, each use having a ,public entrance for its exclusive utilization shall be considered to have its own linear frontage. FRONTAGE, BU1LDlNG: The horizontal, Linea! dimension of any side of a building that has a usable public entrance upon a major vehicular or pedestrian way ar other major circulation area. Where more than one use occupies a building, each use having a public entrance far ifs exclusive utilization shall be considered to have its own lineari,~~c~ frontage. C@@r YJ,,., Hwri-rr~~ai+~I li»,..wf ~iIYYA»l~kR» w.#-s».e r.is.ls...F , ~~. , ~ , x.~~ 3 r »~ »arlo cfri'n ~ir~ri wr 6thLar-}er ~/~'CafllatlAl9--~a~ea. ii~li~ac-l~vi~~i1ir~Rr~-~>Trc° •rca r~ni+rr»iaa~ f nA.~/1 hn wrrrrcir/~ra.~ 4.1 l+~ria i}e r~ur» hertine~en fwr.»f.+.vn YV . Staff Comments: Both staff and numerous applicants have felt that using business frontage and linearfrontage became a confusing factor in the Sign Regulations. By only using Linear Frontage instead of business frontage, we can have one uniform term that applies to all frontages. In the case of business frontages, we will refer to them as Linear Frontage of a business. Building CHAPTER 11-Fi: F3l1SINESS AND BUILDING IDENTIFICATIQN SIGNS: 11-~-3: BUSINESS SIGNS: B. Sign District ~ {SD 2); Number, Area, Height, And Special Provisions Of Business Signs: 1. Wall and projectingihanging signs: n 1._J 9$ a. Number: One per linear lsinaa~ frontage of a business on a major pedestrian or vehicular way with a maximum of three t3} per business. D. Sign District 2 (SD 2); Measuring Linear P~~n~s Frontage For Business Signs: Figure 3 of this section 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. 11-6-4: BUILDING IDENTIFICATION SIGNS: 3. Sign Districts 1 And 2, Types Of Building Identification Signs: c. Joint directory signs: (1) Number: One joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title} with a combined linear frontage that exceeds one hundred fifty feet 4t 50'}, in which case that building shall be entitled to hero (2} joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. CHAPTER 11-7': OTHER SIGNS 9 9-7-3: PUBLIC INFORMATION SIGNS: A. Description: All public information signs shall be subject to design review and include any d}splay board or kiosk wifh the intended use of locating posfers, handouts, and cards identifying community activities, special events, and personal information. All display boards and' kiosks shall be constructed, erected, and maintained by the town of Vail or with the permission thereof. 19-7-6: TEMPORAf?Y SITE DEVELOPMENT SIGNS: A. Description: ry. ~i~r .~. i.-1'y ~o~in lnnmo~±f nF rn~~n_w,~nnrF~i rrnnlnr nnn n~we rnfrnn A Y N N 1 sign permitted to identify and describe a project under construction and the associated hazardous conditions during large scale development periods defined by the Tovr-n Council. 7. Size: Any sife development sign shall not exceed +,.,^^f~• ~''~" csle~i~re-f~e#; .~ .. ,"r_r~wcrfaF-~fitn~: rscsra-~:... ryrh~r fn., #~nf ~an~, Forty-#wn {4~} inches by fifty-three (~3} inches in dimension. 7 1.~nir~hf~ Tha fl+r~ rsf ~ c~i~n oh~lr dtio rsn_hir+h,.~r fb. ~sn ni..l;! fc~n~Iv2~ ~wv~ r~^4~ 2~. Number: One sign per frontage upon a site.J 34. Location: _" ...c'1 r`,~ u:l~~s-thG e~=or ier „~~'; . a 1,Keef cr . . Signs shall be hung on construction fencing. In the absence of construction fencing, atwo-sided sign 99 mounted on a four by four (4x4) inch post may be placed within a planter ~~tJ~~y:.j ~li~li~/'+~ fA /!l][.f/Yn P01JiAlII ~4-. +.-."LYiMghfin/ g: Nof permiffed. 5-~. Speciai Provisions: Temporary site developmenf signs shall be removed prier fo fhe issuance of a fmporary certi~cafe of occupancy. 6. Content: Temporary Site Development Signs shall include the following information: a. Artist Rendering b. Project Name c. Building Permit Number d. Contactlnformation: One name and one phone numberonlyshall be permitted. e. Proposed completion date. f Physical address. g. Staff approved development slogans. h. Brief factual description of fhe project i. Website address (optional) »a-~~: coNSrRUCr1aN s-cNs A. Description: A sign permit#ed tv identify and describe a project under construction and the associated hazardous conditions. 7. Size: Any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet {10}. 2. Height: The top of a sign shall be no higher than eight feet {8) from grade. 3. Number: Qne sign per sife. 4. Location: A wall mounted sign shall be placed parallel to the exterior wall adjacent #o the street or major pedestrianway which the building abuts and shall be subject to design review. 5. Design: Subject to design review. 15. Lighting: Nat permitted. 100 7. Special Provisions: Construction signs shall be removed prior to the issuance of a fernparary certifr'cafe of occupancy. 8. Content: 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 name and one phone number is permitted. d. Physical address. TITLE 72: ZONING REGULA TlONS CHAPTER 72-7: TITLE. PURPCJSEANDAPPLICABILITY.' 92-1-1: TITLE: This Title mays be cried as the ZONING REGULA 710NS .TTr~ for the Tawn, and shall farm and be incorporated as Title 92 of the Town Code of Vail, Colorado, otherwise referred to as "Vail Town Code e;~-L~~ail." CHAPTER 12-2: DEFINITIONS 12-2-2: DEFINITIONS: ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the Town of Vail. ARCHITECTURAL PR©JECTIONS: 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. BAKERIES AND CONFETIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site. BARBERSHOP: A commercial establishment whose primary business is the cuffing and/or styling of human hair. BAY WINDOWS: A window orreries of windows that projects from the main wa1J of a building and forming a bay or alcove in a roam within. COMPLIANCE: Observance of official requirements as outlined in this title. DECK, ROOFED OR COVERED: A deck fhaf is protected from the elements via a roof or other similar covering. 1a1 DEED RESTR1CT1ON: A restriction on the use of land or users/owners of property set faith in a legally binding deed. DENSITY CONTROL: Any requirement of Phis title that regMates the number or size of dwelling units per unit of land. ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment. FULL T1ME EMPLOYEE: A person who works an average of thirty (3l?) hours per week or more an a year round basis in Eagle County, Colorado. LOBBY: A communal space in or near the entrance area of a building. MEETING AND CONVENTION FACILITY: A building or buildings #hat contain space for the convening of organisations or groups of people for the purposes of educational, political, social or fraternal advancement. MULTIPLE` USE LOADING FACILITY: A facillty where a single off street loading facility serves more than one use. OPEN SPACE: Any parcel or area of land or water, meeting the requirements for open space designation, and officially selected by the Designated Open Space Board of Trustees PARTY WALL: A common wall shared by two attached structures, buildings or dwelling units. PENALTIES: A punishment, usually in monetary form, that is required by violation of this title . PROPERTY OWNER: A person, persons or public or private entity with the right fa exclusive use, control, or passessr'on of property due to transfer of property through a deed or other legal document. RECREA71ON 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. STORE, CONVENIENCE FOOD: Commercial retail entity thatspecialize in selling fast food anal beverage, and only includes counfer service, not table service. TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside of a roof structure. 102 USE, A CCESSOR Y: The use of land ar of a building or portion thereof incidental and subordinate to the permifted or conditional use of the land ar building and located on the same lot with fhe permitted use. USE, CONDlT10NAL: A use permitted in a zarring district when it is shown that such use in a specified location will comply with all the conditions and standards far fhe location or operation of the use as specified in this title. USE, PERMITTED: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district, VARIANCE: Permission to depart from fhe liferal requirements of a zoning ordinance, as further regulated by this Title. V€HICLE, CON}M€RC1AL: A vehicle that is designated for commercial use through licensing requiremen#s by the State of Colorado. V1EW CORRIDOR: An unobstructed location, position ar area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular paint from a pubfic place, adopted by ordinance, as further regulated by the Town of Vail in Chapter 12-22. 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 Iand and buildings as mapped on the Town of Vail Official Zoning Flap. ZONING MAP: A map that specifies the boundaries of zone districts within the Town of Vail, Staff +Comment; These proposed text amendments to the Definitions chapter of the Zoning 'Regulations provide codified definitions for undefined terms. The lack of a defnition causes confusion and ambiguity in the administration of the Zoning Regulations. Text amendments that provide definitions to terms used in the regulations create a more userfriend document for the public. 12-2-2: DEFINITIONS; AFFECTED PROPERTY: Property wi#hin a Special Development District that, by virtue of its proximity or redationshr'p to a proposed amendment request to an approved development plan, may be affected byredesign, density increase, change in uses, ar other modifications changing the impacts, or character of fhe approved Special Development District AGENT 4R AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by fhe property owner to act on his (her) stead. If any of the property to be Included in the Special Development District is a condominiumized development, the 103 pertinent condominium association may be considered the agent or aufhorized representative for the individual unit owners Ifauthorized in conformity with all pertinent requirements of the condominium association's declarations and al! other requirements of the condominium declarations are met, BLUE HAZARD AVALANCHE AR~'A: An area Impacted by a snow producing a total static and dynamic pressure less than six hundred (fi00) pounds per square foot on a flaf surface normal to the flow and/or a return interval in excess of twenty five (25) years, FLOOD HAZARD ZONE: That area covered by the base flood. The base flood area is any numbered A, AO, AN, 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 Secfion fit-21-11 of this Chapter. FLOOD INSURANCE STUDY: The ofiFicial report provided by the Federal Emergency Managemenf Ageney that includes flood profiles and water surface elevation of the base flood. GEOLOGICALLY SENS1TlVE AREA: An area within the Town of Vail which may be subject to rock falls, mud flows, debris flows, debris avalanches, and unstable sail, slopes or rocks. MAJOR AMENDMENT (PEC AND/OR COUNCIL REViE4/V1: Any proposal to change uses, Increase gross residential floor area; change the. number of dwelling or accommodation unifs; modify, enlarge or expand any approved Special Developmenf District (other than '"minor amendments" as defined in this section), except as provided under section 72-15-4, "Interior Conversions ; or 12-1 S-5, "Additional Gross Residenfial Floor Area (Z5U Ordinance) ", of this #Itle. M1NOR AMENDMENT (STAFFREVIEVIIj: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Special Development District, and are consistent with the design criteria of this article, Minor amendments may include, but not be Limited to, variations of not more than five feet (5~ to approved setbacks and/orbuilding footprints; changes to landscape orsite plans that do not adversely impact pedestrian ar vehicular circulation throughout the Special Developmen# District; or changes #o gross floor area (excluding residential uses} of not more than five percent (5%} of the approved square footage of retail, office, common areas and other nonresidential floor area R,ED HAZARD AVALANCHE AREA: Any area r'mpacfed by a snow avalanche producing a total static and dynamic pressure in excess of 104 . six hundred (600} pounds per square foot on a flat surface normal to The flow and/or a return intervaP of less Than Twenty hoe (25} years. SITE SPECIFIC DEVELOPMENT PLAN: Steal! mean and be limited to a final major or minor subdivision plat, or a Special Development District development plan. SUBSTANTIAL IMPROVEMENT; Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent {50/} of The market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined either A. Before fhe improvement ar repar`r is started; yr B. !f the structure has been damaged and Is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered fo 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 protect for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living condifions. UNDERLYING ZONE D-STRIGT: The zone district existing on The property, or imposed on The property at The time the Special Development District is approved. VESTED PROPERTY RIGHT: The right to undertake and complete the developmenf and use of property under the Terms and condifions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW PRINT ORIGINATION: The survey pin, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which maybe impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. Staff Comments: These terms were taken from other sections of Title 12 and put in the general definitions section as to provide a comprehensive listing of terms for this title. A comprehensive definitions section makes the code more user friendly and helps ensure applicants are aware of all definitions. 12-2-2: DEFINITIQNS: SITE: '~^^ ~'^'~~~~~^^ ^~'' ^f nr e~f°. {See AIsQ LOT QR S17E) 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 ~a~ requirements of this title. A Iof or slfe may consist of a single lot of record, a portion of a !ot of record, a combinaflon of lots of record or portions thereof, or a parcel of land described by metes and bounds. Staff Comment: This proposed text amendment to the Definitians chapter of the Zoning Regulation provides a complete definikion far terms where current definitions reference other definitions ar subsections of the code. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. These changes will provide a more comprehensive definitions section of the zoning regulations. 12-2-~: DEFINITIONS: P1~4NNlNG AN13 ENVIRONMENTAL COMMlSSlON: ~e-~lanr~ saunsif- The body responsible for reviewing development proposals or any matters pertaining to the Cc~mmissiorr as provided by law, resolution, ar ordinance, and to act in an advisory capacity to the Town Gouneil. The Planning and Environmental Commission focuses on evaluating protects based on the Zoning Ordinance, Master Flans, Subdivision Regulations, environments! concerns, etc,,. ar?d as established pursuant to Title 3, Chapter 2, Val! Town Gode. - __ _- Staff Comment: This proposed text amendment seeks provide a more detailed definition of the PEC. The current definition is too vague and does not define the PEG, but rather paints to its creation by Tawn Council. This definition will help the public understand the roles and responsibilities of the PEC_ 12-2-2: DEFINITIONS: S1TE COVERAGE: The ratio of the fofal building area of a site to fhe tats! area of a site, expressed as a percentage. For the purposes of calculating site coverage #~i-s-de#~i#iera, "building area of a site"sha!! mean that portion of a site occupied by any building, carport, porfe cachere, arcade, and covered or roofed walkway constructed at, below, ar above grade as measured from the exterior face of the sheathing of fhe perimeter walls or supporting columns. For the purposes of this defrnition, 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 shat! not be deemed a roof or covering for the lower balcony, deck or walkway, In addition fo fhe above, building area sha11 also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered parch, covered ferrate or covered patio thaf extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. Staff Comment: This proposed text amendment clarifies the definition of Site Coverage. This 1 simple text change clarifies the definition and removes arribiguity related to calculating site 1 {l6 coverage. We want to ensure that the public understands what constitutes site coverage, as it is an important density control tool. 1~-2-~: DEFINITIONS: STRUCTURE: Anything permanently constructed or erected with a fixed location on the ground, but not including poles, Lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or fight fixtures. At the discretion of the design review board, swimming pools and tennis courts maybe exempfed from this definition. Staff Comment: This proposed text amendment seeks to clarify the definition of Structure as something permanent, not to be confused with something that is temporary. This change will clear any confusion or ambiguity related to structures in the Zoning Regulations. 12-2-2: DEFINITIONS: PRIVATE CLUB: An association of persons and its premises established far the fraternal, social, educational, recreational, ar cultural enrichment of its members and not primarily far profit, whose are bane fide members payr~ 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. Staff Comment: The loose definition of PRIVATE GLUE has allowed a loophole where Private Club is being interpreted as a Private Parking Club. This loophole has allowed forthe operation of parking lots with spaces sold to owners who are considered club members at the Gateway Building (CSC District) and at Golden Peak {Ski BasefRec 1). 'We feel it necessary to sharpen the definition so that the loophole is closed and the private purchase of individual spaces as a private parking structure can exist under the constraints of the zoning regulations. Private Clubs are a conditional use of Residential Cluster, LDMF, MDMF, I-iDMF, Public Accommodations, and Commercial Service Center districts. The definitions of our parking terms are also being updated to alleviate confusion. "Private parking structures" and "Private unstructured parking" will be a conditional use of high density multiple family, Public accommodations, Commercial service center, ski base Recreation 1, Arterial Business District, Lionshead Mixed-use 1, and General Use districts. Staff has determined that these districts were those intended to include private parking facilities and the code should reflect such intentions. Qn the other hand, private parking facilities under the guise of "Private club" are out of line with the intentions of these zoning districts. 12-2-~: DEFINl714NS: PRIIfATE PARKING STRUCTURE: A parking area within a building far the exclusive use of its owners. PRl'I/ATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of i#s owners. PUB~lC PARKING STRUCTURE; An parking area within a building for use by the public. • 107 PUBLIC UNSTRUCTURED PARKING; A parking area not within a building for use by the public. Staff Comment: In order to standardize language used to determine types of parking facilities, we used determined that using the Least amount of terms for parking facilities, including structures and lots, was the hest way to simplify the code. This will help ease canfusion among applicants and facilitate understanding of the zoning code. 12-2-~: pEFINITIONS: Sl.®PE: T#~ rra~ion+a,~r~ ~~~r.~*.~an cf the ~~~taed burfµ"fie wimp;-.~~,e~~t ~f c IG~-sirtc, c- n~-~~~h ~'~a~-~e-e~tehli^,h~~i ~;~ n~,~~u~ iredtfar r.~u~tir-r-~ n~,m.~-„~e~Te~t in c~~a~iera-g~inc~' crest-ere- rc~f~ tea-. frn-,ret°.-~i--~~~rN') a..~ ir~a~.~.r '~ r.1 ~.n,..,~.~~ I^~.n ri~nn+~ni, i!~ ~+~~ hafia~ac+n nn nn n'.r.y i,~r+ ~ha rn~h~~.. ~+f a1e,~n#inn nr.,~rF~~i ~:.~~'~~,_F~:t~,. ~~ t~itrirlnrl h., the .h77~~ ~.:~~n± l,~y ~':~t ~Inall Fta avnraocad ~ri ~ ~...~. ~.ttYtffij s7 x :~eaes e# ~~ar~t;~"'eria~ "tea". I^ ~-r-~te;~rr~tian rf "vlap~" :.c r~eaain^rl hnrr.ir.'~{fir ~~4 in ,~~+o 4,,«Ft,r~ hu+l~~l~"I~ CpCC re~~c,, rtan:e Ana n}axt::~::m flaer crse rc`-ie--Ei:~i}~,+i.nnc „n a„~~+in^ ~.~~ Y~.rc~s~ ~t~ ^ ~r~ e.,in Fnm h.-.nail rtn ~vr] i !1" r.n^rl, ilac _n)•inll h M .~-..) , ;,,9a,~.c~ ~,~~,--Q r :. ~p e; i r.'r 3sed ctn ^ ,.~pehic :rclc cf '.he-seb}e~.~ r:crc~~. rn~' she-lc~ e;^^a ~,a+arn,in estalrl~l~~. tl!t `oaf'" ~ ^^°~~'~'~ Fnr nnnh nna h~ ,nrlra.•I ('1 nn1 nnE care fnn# Sri ~.a~ien cf thr '.rest, lct ~ertien thirea~The deviation of a surface from the horizontal, usually expressed in percent or degrees and calculated through rise over run. CHAPTER 72-3: Al~M1N15TRAT10N AND ENFORCEMENT 92-3-6: HEARINGS: C. Notice: 2. In addition to fhe published notice, fhe administrator shallcause acopy 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 properfy adjacent fo the subject property (if the adjacent property is a condominium project, notice maybe mailed to the managing agent, registered agent or any member of fhe board of directors thereof), far ~c ar a. application fo change zone ^~~^^°° :r, ~^.,;^^ 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 change~i€~-the density control secfionsryofa tia+e zone districts. 108 Staff Comment: This proposed text amendment clarifies situations requiring notification by mail to those in adjacent properties, The initial language was very tlroad and therefore could be interpreted incorrectly. `"Amendment, change or application" does not apply correctly to the listing a-e. We needed to clarify the intentions of the notice requirements, which is to alert adjacent property owners of major changes to properties. For example, under the current language, an amendment to the variance sections afthe cads would confuse staff as to whether a notice should be mailed, and to whom. This way, there is a clear understanding of the exact circumstances when a notice is to be sent, CHAPTER 12-6: RESIDENTIAL DISTRICTS: 12-fiD: TWG-FAMILY PRIMARYISECGNDARY RESIDENTIAL (PS} DISTRICT 12-6D-8: DENSITY CaNTRC)L: A. Dwelling Units: Not more than a total of two (2}dwelling units shall be permitted on each site with only one dwelling unit permitted an existing lots less than fourteen thousand {14,004} square feet. B. Gross Residential Floor Area: 1. The fallowing gross residentia6 floor area (GRFA} shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred {100) square feek of the first ten thousand ~` {10,000} square feet of site area; plus b. Thirty eight (38) square feet of gross residential float area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000} square 'feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100} square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand {30,000) square feet of site area; plus d. Six (8} square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand {30,000) square feet. 2. The secondary unit shall not exceed forty percent (40%) of the allowable grass residential floor area (GptFA). 12-6H: HC-USING (H} DISTRICT: 12-6H-3: CQIVDlTI0l1lAL. USES: The following condifional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 1q9 Bed and breakfast as further regulated by section 92-14-18 of this title. Churches. Dog kennel. Funiculars, acrd other similar conveyances. Home child daycare facility as further regulated by section 72-94-92 of fhis title. Private clubs {f~ctc:-nal-e~tie~as: Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public or 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 lows. Timeshare estate units, fractional fee units and timeshare license units. Type 11l employee housing units {EHU) as provided in chapter 93 of this title. Staff Comments: As per the new definition of private club, staff feels that striking "and civic, cultural and fraternal organizations" helps to standardize the term "Private clubs" as well as alleviate any confusion over the definition of this term, We would like to close any passible loopholes in the code to make it mare efficient for the public good, 72-TA-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject fo issuance of a conditional use permif in accordance with the provisions of chapfer 1 Fi of fhis fitle: Bed and breakfast, as further regulated 6y section 12-14-~ 8 of this title. Churches. Fractional fee club units as furtherregulated bysubsecfion 92-16-7A8offhis title. Hospitals, medical acrd dental clinics, and medical centers. Lodges, including accessory eafing, drinking, orretail establishments located within the principal use and occupying between ten percent {90/) and fifteen percent {15f) of the total grass residential floor area of the main structure or structures on the site.. Major arcade, so long as it does not have any exterior frontage on any public 110 way, sfreef, walkway, or mall area. Private clubs and civic, culfura! and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offrces. Public buildings, grounds and facilities. Public parking structures. ~„hlin nrnnmr»nrninr~.~..~~ f~~ ~ , Public ar private schools. Public park and recreafional facilities. Public franspvrfation terminals.. Public unstructured parking. Public ufilify and public service uses. Ski lifts and tows. Theaters and convention facilities. Type III employee housing units as provided in chapter 13 of this title. i2-7F-4: CONDITIONAL USES: A. Enumerated: The fallowing conditional uses shall be permitted in the arterial business district, subject fo the issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this tifle; Any use permitted by section 12-7F-3 of this article, which is not conducted entirely wifhin a building. Bed and breakfast as further provided by section 12-14-18 of this tifle. Brew pubs. Child daycare center. Microbrewery. Dri~r~-rv~rn'~°~, vt i 7tr - Pri~ate unstructured parking. Public buildings, grounds and facilities. Public park and recreatr'on facilities. Public utility and public services uses, including screened outside storage. Service yards. Transporfatlon businesses. Type llI employee housing unify (EHU) as provided in chapter 13 of this fide. 12-7H-5: CONDITIONAL USES; GENERALLY (OI~,- ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses steal! be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 affhis title: Bed and breakfasf as further regulated by section 12-14-1 B of this title. 111 Brew pubs. Coin operated laundries. Commercial sforage. 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 sfafions. Two-family residential dwellings. Additional uses determined to be similar to conditions! uses described in Phis section, in accordance with the pr©visions of section 92-3-4 of this fifle, t 2-8a: SKI BASE/RECREATIGI'J 1 DISTRIGT.~ ~ 2-8D-2: Permitted Uses: E. Outside OfLodge: The following uses shell be permitted outside fhe main base lodge and children's ski school buildings as shown on the approved development plan zoned Ski Base/Recreafinn 9 Drs#rrc#: Bus and skier drop off. Food and beverage service. indoor and outdoor ski storage. Mountain storage buildings. Private unstructured parking. ,Public parks, tennis and volleyball courts, and playing frelds, playgrounds. Ski racing facilifies. Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. Special community events. Water-treatment and storage facilities buildings. 72-8E-99: T1ME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial 112 construction of the development plan wifhin three (3) years from the time of its final approval, and continue diligently toward the completion afthe project. !f the development plan is to be developed in phases, the developer must begin construction of subsequent phases wifhin one year of the completion of the previous phase. B. Approval Voided: if the developer applicant does not begin and diligently work toward the completion offce development plan oranystage of the development plan within the time limits imposed by the preceding subsection, the approval of said development plan shat! be void. The Pplanning and EenVironmental Csommission shall review the development plan upon submittal of an application to reestabfish the developmenf plan following fhe procedures oufGned in section 12-8E-~ of this article. CHAPTER 12-9: SPECIAL AND IVIISCELLANEOUS DISTRICTS: 12-9A: SPECIAL DEVELOPMENT DISTRlCT,• 12-9A-2: DEFINITIONS: MINOR AMENDMENT (57AFF REVIEW): Modifications fo building plans, site orlandscape plans that do not alter fhe bask intent and eharacferof the approved special developmenf district, and are consistent with the design criteria of this a~~w,~vcr article. Minor amendmenfs may include, but not be limited fo, variations of not more Phan five feet (5') to approved setbacks and/or building footprints; changes to Landscape or site plans that do not adversely impact pedestrian or vehicular circulafion throughout the special developmenf distrr'cf; or changes to gross floor area {excluding residential uses} of not more than flue percent {b%} of fhe approved square footage of retail, office, common areas and other nonresidenfial floor area., except as provided under section 72-15-4, "Inferior Conversions'; or 12-15-5. "Addifional Gross Residential Fbor Area (250 ~}rdinance) ; of fhis title. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: • A. Approval Of Plan Required: Prior fo site preparation, building construction, or other improvements fo land within a special development disfrlcf, there shall be an approved developmenf plan for said district. The approved development plan sha1J establish requirements regulating development, uses and activity within a special development district. B. Preapplicafion Conference: Prior fo submittal of a forma! application for a specie! development disfrlcf, fhe applicant shat! hold a preapplication conference with the departmentofcommunifydevelopment. The purpose of Phis meeting shall be to discuss the goals of the proposed special alevelapment disfrlcf, fhe relationship of the proposal to applicable elements of fhe town's master plan, and fhe review procedure fhaf will be followed for the application. C. PEC Conducts initial Review: The LnifiaL review of a proposed special developmenf district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior fo this meeting, and at 113 fhe discretion of fhe administrator, a work session may be held wifh the applicant, staff and fhe planning and environmental commr`ssion to discuss special development district. A reporf of the department of community development staffs findings and recommendations shall be made at fhe initial formal hearing before the planning and environmenaa! commission. A report of the planning and environmental commission slating its findings and recommendations, and fhe staff report shall Then be transmitted to fhe town council in accordance with the applicable provisions of section 12-16-6 of this title. The fawn council shall consider the special development district in accordance with the provision of subsections 12.8-7D fhrough G of this title. (ord. 21(1988) § 1) 12-9A-5.' SUBMITTAL REQUIREMENTS: The adminisfrafar shall establish the submittal requirements for a special developmenf district application. A complete list of the submiftal requirements shall be maintained by fhe administrator and filed in fhe department of community development. Certain submittal requirements may be waived and/or madiked by the administrator and/or the reviewing body if it is demonstrated by fhe applicanf that fhe information and materials required are not relevant fa fhe proposed development or applicable to the planning documents fhaf comprise fhe Vaif comprehensive plan. The administrator and/or fhe reviewing body may require fhe submission of add#ional plans, drawings, specificafions, 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 a special development districf. A development plan shall be approved by ordinance by the Town Council in conjunction wifh the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance wifh Section 12-9A-5 of Phis Article. The development plan shall contain all relevant material and information necessary fo establish fhe parameters with which fhe special developmenf district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floorplans, building sections and elevations, vicinify plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. Staff Comment: To alleviate confusion, it is necessary to point to the criteria of this article, not the general chapter. This helps paint Gade users to the right place for design criteria and will help applicants find inf©m-ration in a more efficient manner. ~ `~ C1^-,--~E'.3 .fiPd9-~E-A~k~~1 ~? ;' r•nnrnrrrnr~rn r r rcc n~na,rrr• ~p~p n n ~ttE3fZ--i'7 ? . n 144 92-9C-3: CONDITIOI'JAL USES: A. Generally: The following conditional uses shall be permitted in the GU district, subject fo issuance of a conditions! use permit in accordance with the provisions of chapter fib of this title: Child daycare center. Churches. ,Equestrian trails. Golf courses. Helipad for emergency and/or community use. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plant and tree nurseries, and associated structures, excluding the sale of trees or ofher 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 acrd educational institutions. Public and quasi-public indoor community facility. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public fransportafion Terminals. Public unsfrucfured parking. Public utilifies installafians including transmission lines and appurtenant equipment. Seasonal structures or uses to accommodate educational, recreations! ar cultural activities. Ski lifts, tows and runs.. Type 111 employee housing units (EHU) as provided in chapter 93 of thr`s title. Wafer and sewage treatment plants. Staff Comment: The proposed text amendments wil! standardize the terms used to describe parking facilities in the Town of Vail. Using the terminology tram the Parking District section, we conclude that these terms, also proposed vocabulary for the fit-~: Definitions, will help to alleviate confusion in fhe Cade in relation to parking facilities. With fewer standardized terms for land uses related fo parking, applicants can clearly understand what is meant when terms are Listed as conditional uses. CHAPTER 12-fi0: OFF-STREET PARKING AND LOADING fit-fi0-13: LOADING REQUIREMENTS SCHEDULE: Off-street loading requirements shall be determined in accordance with the following schedule: Use ~ Loading Reauirement • 115 Any use listed as a Loading facilities requirement to be determined conditional use by the teiatn .ae~sil Planning and Environmental Carnmissian as a condition of the conditional use permtf, but not less than the comparable repuirernent prescribed above Staff Comment: An error in the Code lists the Town Council as the Board that determines the loading facility requirements, when in fact it is the responsibility of the PEC to handle matters related to conditional use permits. This alleviates any confusion as to wha is required to set the loading facility requirements and helps to smooth out the process. CHAPTER 12-22: VIEW CORRI©ORS: 12-22-2: DEFINITIONS STRUCTURE: Anyfhing permanently constructed or erected with a fried lOCatron 1nCludrng, ,but not limifed to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellife dishes, fences, stop Lights, Light poles, signs, utility poles, sky Lights or any similar object, as further regulated by 12-22, View Corridors. 5faff Comment: The proposed Text amendment seeks to clarify the defrnifion of structure with regards t© view corridors. !n 12-22, structures in view corridors have certain res#rictions, and in slime eases, the Design Review Board may decide that these are allowed. TITLE 13: SUBDIVISION REGULATIONS: CHAPTER ~3-2 QEFINITIDNS: 33-2-2: DEFIN1T10NS AS-BUILT PLAN: The final development plan that reflects the constructed subdivision. B11CE PATH: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles. CULVERT A ditch, drain ar conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk ar public way, or other type of overhead structure DRAINAGE: Surface water runoff ar the removal of surface water or groundwater from land by drains, grading ar other means, which include runaffcontrols to minimize erosion and sedimentation during and after construction or development. ENVIRONMENTAL IMPACT REPQRT: A document outlining the.effecf of proposed development or action an fhe environment, as further regulated by Chapter 72-72, Environments! Impact Reports. 116 SOIL STABILITYANALYSlS- A study conducted to determine the status of the soil on a property. Staff comment: These proposed text amendments to the Qefinitions chapter of the Subdivision Regulations provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration of the Subdivision Regulations. Text amendments that provide definitions to terms used in the regulations create a mare user-friendlydocurnentforthe public. 93-2-2: DEFINITIONS: BUILDING CONNECTION SEWER: A sewer within a public street or right of way, proposed to connect any parcel, fot, or part ofa lot with a main line sewer. BUILDING SEWER: A sewer, wholly within private property, proposed to connect any building to a building connection. BYLAWS: Shaft refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which (here 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 Earth in fhis Chapter for condominium units. CONDOMINIUM CONVERSION: The development oruse of the land and existing structures as a condominium project regardless of the present ar 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 (Z} 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. CONTRACTDR: The individual, partnership, corporation, joint venture, ar other legal entity performing the work. !n the case of work being performed under permit issued by the Town, the permittee shall be construed fo be the contractor. DAYS: Consecutive calendar days, unless otherwise specified. DECLARA TION: An instrument recorded pursuant to the statutes of the Sfate and which defines the character, duration, rights, obligations, and i limitations of condominium ownership.. The declaration shall include a!l i restrictions, limitations and specifications which may be required by 1f7 the Planning and Environmental Commission or Town Council, including provisions relative to fime-sharing estafes, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. 1NDlVIDUAL A1R SPACE UNIT: Consists ofany enclosed room orrooms occupying all or part of a floor ar floors of a building of one or more floors to be used forresidential, professional, commercial orindustrial 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. M©DERATE INCOME: Shall be as defined from time to fime by the Council. PLANS: The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproducfions thereof, approved by the Town Engineer or Building Official, which show the location, character, dimensions, ar details of the work. PRIVATE CONTRAGT: Work subject fa 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 fatesf edition, including amendments in effect and published at the time of advertr'sing the project or issuing the permit, unless specifically referred to by edition, volume, or date. SERVICE CONNEC714N: A!1 or any portion of the conduit, cable, or duct, including meter, between a utility distribution Iine and an individual consumer. SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. SPECIAL PROVlS10NS: 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 FLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number 118 STORM SEWER: Any conduit and appurtenances intended for fhe reception and Transfer of storm water. SUPER1lVTENDENT: The executive representative for the confrac#or present on the work at all times, authorized to receive and fulfill ins#ructr'ons from the Engineer and capable of superintending the work efficiently. SUPERVISIQIV: Where used fo indicate supervisivn by the Engineer, shall mean the performance of obligations, and the exercise ofrighfs, specifically imposed upon and granted to the Town in becoming a party fo 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 anal for the contractor far the acceptable performance, execution, and completion of the work, and far the satisfaction of all obligations incurred. TOWN: The Town of Uail, County of Eagle, Sfafe of Colorado. UTILITY: Tracks, overhead or underground wires, pipe lines, conduits, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of way or private easement. i WORK: That which is proposed to be consfrucfed ar done under the `~ contract or permit, including the furnishing of aI! Iabar ma#erials, supervision, fools and equipment Staff Comments: These terms were taken from other sections of Title 13 and put in the general definitions section as to provide a comprehensive listing of terms forthis title. A camprehensive definitions section makes the code more user friendly and helps ensure applicants are aware of all definitions. 93-2-2: DEFINITIONS EMPL©YEE HOUSING UNIT: ir. ~nvccr ~~ ~' ~ ~ea~e.-A dwelling unit occupied by at least one person who is an employee in Eagle County. Staff Comment: This proposed text amendment to the Definitions chapterof the Subdivision Regulation provides a complete definition for terms where current definitions reference other definitions or subsections of the code. Painting the definition to another section rather than def Wing it has caused confusion and ambiguity in interpreting the Code. These changes will provide a mare camprehensive definitions section of the subdivision regulations. 13-2-2.' DEFINITIONS SUBDIVISION OR SUBDIVIDED LAND: F. Single-Family Subdivision: A subdivr"sion of an existing lot, which is recognized by fhe town of Vail as a legally subdivided lot, and which shall 119 contain asingle-family or pri two-family detaslaed dwelling ifs. Each such dwelling unit shall be separated from any ofher dwelling wit by space on al! sides. For zoning purposes, the lots created by a single- family subdivlslon shall be treated as one laf. Staff Comment: CHAPTER 13-3: A/IAJaR SUBDIVISIONS: 13-3-4: COMM1SSlQ1V REVIEW (]FAPPLICATlOAI; CRITERIA: The Planning and Environmental Commission shall conduct a public hearing on an application far a Preliminary Plan for Subdivision. The Planning and Environmental Commission shall consider the application, relevant additional maferials, Staff report and recommendations as well as any ofhercomments orpublic information given at the hearing. -The Planning and Environmental Commission may discuss advisable changes tv the proposed subdivlslon with the applicant. The burden of proof shall rest with the applicant fo show that the application is in compliance with the following standards, to be reviewed by the Planning and Environmental Commission. The Planning and Environmental Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan based upon whether if conforms fo the standards auflined below: t~,r ~,n ~ 'r. de~~mr l,~~k~li~ is f tfYl'C P. ~.ri yyh/ \. .f~d'-V-CYI. ~.. .~. ?.~e^^I""fCfi~ ~n rl Cn~iirr.n r.~r~nfnl ro~v~~l~}innci ~r.-/in lsnnn, ~r.~~...+. ~~_ _ , i a. Consistent with Town of Vail Comprehensive Plan. The proposed subdivision shall be consistent with all Town of Vai! documents that are elements of the Comprehensive Plan, including but not limited tv the Land Use Plan, Vail Village Master Plan and Lionshead Redevelopment Master Plan. b. Consistent with Applicable Town of Vail Code. The proposed subdivision shall comply with alI of the s#andards of this Tr'tle, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicabfe. c. Spatr'al Pattern Shall Be Efficienf. The proposed subdivision shall be 120 located and designed fo avoid creating spatial patterns that cause inefficiencies in the delivery ofpublic services, orrequire duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. d. Preliminary Plan Shall Include Required Materials. The proposed subdivision preliminary plan shall include all fhe submittal requirements Listed in ?3-3-35. e. Approval Required by All Agencies. Upon review and commenting by agencies listed in 13-3-3C, proposed subdivision shall be required fo comply with requesfs of said agencies in order fo gain agency approval. f. Serve Ultimate Population. Utility Imes shall be sired fo serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. g. Coordinate Ufili#y Ektensians. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally ex#ending a single service into an otherwise un-served area. • h. Suifabifify for t?evelopmenf. The property proposed fo be subdivided shall be suitable for development, considering ifs topography, environmental resources and natural or man-made hazards That may affect the potential development of the property, and existing and probable future public improvements fo fhe area. i. Compatible With Surrounding Uses. The proposed subdivision shall be compatible with the character of existing land uses in fhe area and shall not adversely affect the fufure development of fhe surrounding area. 13-3-95: 1NSPECTIQN DF IMPROVEMENTS REQUIRED: As portions of the improvements fo be dedicated to the Town are completed; the Town Engineer shall inspect them, and upon approval and accepfance, heAshe shall authorize fhe release of fhe agreed estimate far that portion of the impr©vements except thaf fen percenf (90%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the Town Engineer. The subdivider shall in na way be relieved of any obligations to make the improvements, noris the Town obligated to assume the responsibility for any improvements by reason of fhe accepfance or any approval of any guarantee. improvements not to be dedicated to the Town shall be inspected and accepfed by fhe appropriate governing body or Disfrict ~. 121 CHAPTER 13-4: MINOR SUBDIVISIONS AND AMENDED FINAL PLATS ~3-4-?: Purpose and Definitions: A. A Minor Subdivision shalt be reviewed in accordance with the provisions of this section for Type A and Type B Subdivisions, and Amended Final Plats. B. Definitions: 1. Type A Minor Subdivision: A subdivision creafing not more than three {3) tats within property that has not previously been platted. 2. Type B Minor Subdivision: A subdivision creating not more than three (3) lots within a legally approved subdivision, or is a subdivision of a building containing condominiums, townhomes, or duplexes, which may include the subdivision ofland directly associated with that building. 3. Amended Final Plaf: A Final Pla# thaf has been altered in any way, shape or form, but does not create any new fats. 93-4~2: EXEMPTIONS fN PR©CEDURE' AND SUBMITTALS: "Mr'nor subdivisions'; as defined in Section 13-2-2 of fhis Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minorsubdr`visions naay be required to submit an environmental impact report if required by Tifle 92, Chapter 9 2 of fhis Code. (Ord. 2(9983) § 9) 93-4-3-2: PROCEDURE: The procedure far a Type A and B minor subdivisions or an Amended Flna! Plat shall only be submiffed by the owner, or any other person having a recognizable interest in the land, or their authorized agent. The procedure is be as follows: A. Submission Of Proposal; Waiver ~Of Requr'remenfs: The subdivider shall submit two (2) copr`es of the proposal following the requirements for a final plat in subsection 93-3-68 of fhis Title, with the provision that certain of these requirements maybe waived by fhe Adrrrinisfraforand/or the Planning and Environrnenta! Commission if determined not applicable to the project. B. Public Hearr'ng: The Administrator will schedule a public hearing before the Planning and Environmental Commission and follow notifrcafion requirements for adjacenf property owners and public notice for the hearing as found in subsection 93-3-681 of this Title. C. Review And Action On Plat: The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifrcatir~ns or disapprove fhe plat within twenty one (29) days of the first public hearing on fhe minor subdivision or fhe minor subdivision wiN be deemed approved. A longer time period for rendering a decision may be granted subject fo mutual agreement between the Planning and Environmental Commission and subdivider. D. Appeal: An appeal of fhe Planning and Environmental Commission's decision by the Town Council shall fallow procedures as outlined in Secfr"on 133-90 of this Tr`fle. {ord. 2(9983) § ?) 73-4-4: COMM1SSlON REVIEW OFAPPLICATIOIV; CRITERIA: 422 The Planning and Environmental Commission shaf! conduct a public hearing on an application for Minor Subdivision arAmended Final Plat The Planning and ~'nvironmental Commission shall consider fhe applicafion, relevant additional materials, Staff report and recommendations as well as any other comments orpublic information given at fhe hearing. The Planning and Environmental Commission may discuss advisable changes fo fhe proposed subdivision with fhe applicant. The burden of proof shall rest with the applicant to show that fhe application is in compliance with fhe following standards, fo be reviewed by fhe Planning and Environmental Commission. The Planning and Environmental Commission shall recommend approval, approval with conditions, or disapproval based upon whether it conforms td the standards outlined below: A. Standards for Type A Minor Subdivision: ~. Consistent with Town of Vail Comprehensive Pfan. The proposed subdivision shat! be consistent with all Town of Vail documenfs fhaf are elements of fhe Comprehensive Plan, including but not limited fo the Land Use Plan, Vail Ur'llage Master Plan and Lionshead Redevelopment Master Plan. 2. Consistent with Applicable Town of Uail Code. The proposed subdivision steal! comply wifh all of fhe standards of this Title, as well as, but not limited fo, Title 12, Zoning Regulations and other pertinent regulations fhaf the Planning and Environmental Commission deems applicable. 3. Spatial Pattern Shall Be L~fficient. The proposed subdivision shall be located and designed fo avoid creating spatial patterns fhaf cause inefficiencies in the delivery of public services, orrequire duplication or premature extension of public facilities, orresulf in a "leapfrog"pattern of development. 4. Serve Ultimafe Population. Utility lines shah be sized fo se,rve the planned ultimate population of the service area to avoid future land disruption fo upgrade under-sized lines. 5. Suitability for Developmenf. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural ar man-made hazards that may affect the pofenfia! development of the property, and existing and probable future public improvements to fhe area, G. Compatible Wifh Surrounding Uses. The proposed subdivision shall be compatible wifh the character of existing land uses in the area and shall riot adversely affect the future development of fhe surrounding area 123 7. Type A Minor Subdivisions Shall include Required Materials. The proposed minor subdivision shall include all the subml#tal requirements Iisted in ?3-3-38-2. 8. Approval Required by Alf Agencies. Upon review and commenting by agencies listed in 13-3-3C, proposed subdivision shall be required fo comply with requests of said agencies in artier fo gain agency approval. 9. Meets required improvements, as outlined in 93-3-8. S. Standards for Type B Minor Subdivision: T. Access, Wafer and Sewage: The adequacy of access, potabfe wafer and sewage disposal on the land to be subdivided 2. Type B Minor Subdivisions Sha!! Include Required Materials. The proposed minor subdivision shall include all the submittal requirements listed in ?3-3-38-2. 3. Meets required improvements, as outlined in 13-3-8. C. Standards forAmended Final Plat: 1. Adjacent Property. Review of the Amended Final Plat to determine if the proposed amendment adversely effects adjacent property owners. 2. Final Plat Gansistency. Review of the Amended Final Plat fo determine that fhe proposed amendment is not inconsistent with the inlenf of fhe Final Plat. 3. Conformance with Final Plaf Requirements. Review of the Amended Final Plat to determine if the prapased amendment conforms to the Final Plat requirements and otherapplicableiegulations, policies and guidelines. 4. Restrictive Plat Nate Alteration. If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be mef; a. That the area far which the amendment is requested has changed ar is changing to such a degree that it is in fhe public interest to encourage a new use or densify in the area; or b. That fhe proposed amendment is necessary in order fo provide land for a demonstrated community need. CHAPTER 13-6: CONDOMINIUM AND TOWNHOUSE PLATS: __ 93-S-i; PLAT APPRaVAL PRQCFDURE: B. Plat Submittal Requirements: The plat shall include a site map following the regr~irements of subsection 3-3-6B3a through d, f through 1, and n awe through p of this Title, along with the signature of the owner. The 124 condominium or townhouse plat shall also include tloorplans, elevafians 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. Also required to be submitted is a copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. Also, building docafr`ons must be included and tied to property careers with distances and angles. wilding dimensions must be shown to the nearest one-tenth of a foot (0.7 J. All property pins must be found or set and stated as such on wrap. The submittal shall be made to the Department of Community Development on a form provided by the Administrator and shall include a cerfi~cate (as found in Chapter 17 of this Title) on the plat farAdministrator approval. CHAPTER 13-7: COND©MINIUM AND CONDOMINIUM CC?NVERSIQNS; 73-7-2: DEFINTlONS EMPLOYEE HOUSING UNiT: ~ ~ ~ ~ aF ;#is-+Ea~'~~ A dwelling unit occupied by of feast one person who is an employee in Eagfe Cvunfy. Staff Comment: This proposed text amendment provides a complete definition for Employee Housing Unit rn~here the current definition references another subsections of the code. Pointing the defnit'ron to another section rather than defining the term has caused confusion and ambiguity in interpreting the Code. CHAPTER 13-10: CONSTRUCTION DESIGN STANDARDS. METH(7DS AND DETAILS: 13-90-7.' INSP,E'CTION AND TESTING: A. Inspections: e. Water and sewer lines: all water and sewer lines shat! be inspected by the appropriate Disfricf dis#i~. All designs shall be submitted to the appropriate District aRistrist and to the Town Engineer for revr`ew and approval. CHAPTER 13-11: SAMPLE CERTIFICATES; 13-1''f-11: CERTIFfCATE OF OWNERSHIP: CERTIFICATION OF OYt/NERSNIP KNDW A[,L MEN BY THESE PRESENTS fhat being sole owner(s) in fee simple of aft that real property situated fn tfie Town of Vail, Eagfe County, Colorado, described as folfaws: containing (insert number) acres, more or less: have by tfiese presents laid vuf, platted and subdivided the same into fats and blocks as shown on this frnaf ,plat under tfie name and style of a subdr'visfvn in the Town of Vail, Eagfe 125 County, Colorado; and does hereby accept the responsibility fear the completion of required improvements.. Executed this day of (insert date here), A.L. ~-920i C?wner: (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 coup#y name) The foregoing Certitr"cafe of Ownership was acknowledged before me this day of (insert date here), A.D. -~92ti_ by (insert name here). My commission expires: Witness my hand and seal. Notary Public Address: Staff Comment: The sample certificates provided in this chapter of Title 13 do not give examples of Certificate of Qwnership when there is no dedication of land to the public. This serves as a sample certificate for applicants in that situation, so that applicants do not have to augment samples on their own. In this case, we can provide Them with a starting point for Certificate of Ownership without Dedication. TITLE 14; pEVELOPIVtENT STANDARDS HANDl300K: CHAPTER 14-2: DEFINITIONS: 14-2: DEFINITIONS 10t1 yearflaod plain- The area adjoining a river, stream, orwatercourse 126 covered by water in the event of a flood, having a one percent chance of tieing equalled or exceeded in magnitude in any given year. Drainage- Surface wafer runoff or the removal of surface wafer 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 snowmen and other hazardous conditions. Satellite dish antenna- Aparabolic ordish-shaped antenna designed to receive radio waves. Topographic survey- A study conducted that produces a map ofa Iot or lots showing elevation from some fixed reference point. Walet parking- A service provided with or without a fee where vehicle is dropped of a designated location and an employee drives said vehicle to a parking space. Wetlands- As determined by the Army Corps of Engineers or qualified environmental consultant, an area that is inundated or saturated by surface or ground water of 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. Staff comment: These proposed text amendments to the Definitions chapter of the Qevelopment Standards Handbook provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration of this title. Text amendments that provide definitions to terms used in the regulations create a more user friend document for the public. 14-10: DESIGN REVIEW STANDARDS AND Gt11DEL1NES: C. Architectural Projections, Decks, Balconies, Steps, Bay windows, etc.: 2. Porches, steps, decks or terraces or similar features (not including stairways to entrances} locafed atground level or within free feet (5') of ground level may project not more than fen feet (90;i nor more than one- half ('/~ the minimum required dimension into a required setback area, or may project not more fhan live feet (b ~ nor more than one-fourth (l/a) the minimum required dimension into a required disfance between buildings. 127 Staff Comment: F. F. ©ufdoor Lighting: 9. 9. €~egtre Quantity.• For Lots in residential zone districts, the maximum number of light sources per lot sha11 be limited to one light source per one thousand square feet of lot area, except as provided for below. 7'he location of said lights shall be left open to the discretion of fhe property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. fight sources which are nv more than eighteen inches above grade, as measured from the top of the fixfure to the knish grade below, and are either full-cutvff~xtures, as defrned in Cfiapter ?4-2 ~estie+~ ~D1.1 ?7, or have a maximum source lumens of 4DD (equivalent to a 4D watt light bulb}, maybe allowed in addition to the total number of permitted outdoor light sources. The number, location, and Style of such light sources are subfeet to Design Review. Staff Comment: As per comments made by applicants in the past, the use of the ward frequency, while grammatically correct, confuses applicants because frequency is also a term to measure sound and light waves. To clarify, staff feels the ward "quantity' is a simpler term that will ease any uncertainty. • • 128 Tier 111: POLICY CHANGES: TITLE 12: ZONING REGULATIONS: 12-7: COMMERCIAL ANO BUSINESS DISTRICTS 72-7E: Commercial Service Center District 12-7E-4: CONDITlOIVA~L USES: The foilawing conditional uses shall be permitted in the CSC district, subject to issuance of a condifional use permit in accordance wvifh fhe provisions of chapter 16 of fhis title: Any use permitted by section 12-7E-3 ofthis article, which is n©t conducted entirely wifhr"n a building. Bed and breakfast as further regulated by section 12-14-t 8 of fhis title. Brew pubs. Child daycare cenfer. Commercial laundry and cleaning services. Dog kennel. Major arcade, Multiple-family dwellings and lodges.. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Privafe clubs Private parking structure. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public ufilify and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units {EHU) as provided in chaAfer 13 of fhis title. Staff Comment: As discussed previously in this memo, many applicants have used "Private Club" to create Private Parking Clubs. The Gateway Building, zoned Commercial Service Center, has done just that and thus, has a parking structure that has privately owned spaces. Staff feels that it is appropriate to allow fhe conditional use of Private parking structures and private unstructured parking into the CSC Zone, which includes Gateway, 1Neststar Bank and Crossroads. 92-7G-3: CUIVDITIONAL USES: {Heavy Service District} A. Enumerated: The following condifional uses shall be permitted in the Heavy Service District, subject fo issuance of a conditional use permit in accordance wifh the provisions of Chapter 1$ of this Title: Anima! hospitals and kennels, dog kennel. Automotive service stations. Building materials supply stares. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services.. Repair garages.. 123 Repair shops. Seasonal plant product business. Ski lifts and tows, and accessary dwelling unit far service personnel. Tire sales and services, including retreading and recapping. Transpartatian businesses. Trucking terminals and frock service stations. Warehouses. Woodworking and cabinet shags. Accessary uses customarily incidental and accessary fa the conditional uses set out in this Section and necessary for the operation thereof. Additional commercial services determined fa be similar to the conditional uses set out in this Section in accordance with fhe provisions of Section ? 2- 3-4 of fhis Title. E3. Subject To 17eview. The following uses shall be a conditional accessary use on the first (street} feve! floor wi#hin a structure subject fo the issuance of a conditional use permit and are listed as such due to fheirpotential individual and cumulative impacts ofgenerafing traffic in the Heavy Service District and will receive review under the previsions of chapter 96 of this title with specific emphasis an the criteria of traffic generafian: Convenience food stores, restricted to a maximum of eight thousand (B,UOQ) square feet and na mare than thirty #hree percent (33%) of the gr©ss building area of the entire structure. Staff Comment.• Currently, food vending businesses are not an allowed or conditional use of Heavy Service gone Disfricf. The issue has arisen to change this due fa the fact that fond services within gas stations operating under a conditional use permit in Heavy Service have not be legally permitted. We feel that applicants with gas stations in HS Disfricf should be allowed fo operate a food vending business, as it seems accessory fa fhe use. These restricfians allow for close monifaring of fhis pracfice in fhe future. ?~-10-?7. LEASING OF PARKING SPACES: B. Lease (~uali~catiansa Application To Lease: A parking space, spaces ar areas maybe leased by the owner, occupant ar building manager thereof in accordance with the following: ?. Any owner, occupant ar building manager who awns, occupies ar manages ten (?O) armare private parking spaces located in commercial care ?, commercial care 2, commercial core 3, high density multiple-family, public accommodations, Lianshead mixed use ?, Lianshead mixed use 2, commercial service center ar special development zone districts and provides suftlcr'ent parking for use by employees may apply to the administrator of the town for a permit to (ease parking spaces. Staff Comment: Staff feels that CSC Disfrict should allow for the leasing of parking spaces when there are an excess of parking spaces, as further regulated by 72-?!7-?T. CSC includes the Gateway Building, WesfStar Bank and Crossroads. 130 Chapter '~ 2-15 G14OSS RESIDENTIAL FLOOR AREA: 92-75-5E-3 ADDITIONAL (250 ORDINANCE} PROCEDURE '] r'r.r'rinli•+nnn l~lafer.y+incsrl• If fhn rlnnnrfmnrei r.f nnrnme~n~~__i~~ _G ~1~ J~~ v. - - . cfr. ff e+fnfnrminnn fh.-.f fhn ifn F~+r urh inh fh-• ~t."1'~lf~ffTin 1%~r~ ~~~ :."'. ~`~ ~..TGtt71Q GiGll ill!iIG~.TLTTl7i n7G-~ila~ J-O7 A'ItTl Ot7Zll'.. q~+n~~fi~nnn wifA fnuse~- 1Snrlcnnninr^i _~+.+rd nifn im~~vNrL mnn~f_~«~. _-nfoned~r~~ ~~j ~~ .~vf-s~i~y e~e~elepmet~~ b. -1 f~alic~`icr.~R.~'1 r,clerifinnc ch~fl hn ran~in~~rorl ~nrl onnrniinr~ hip fhn e-fnci ~- CC^f 34. Compliance Required: !f fhe department of community development staff determines that fhe site for which addifional GRFA is applied forpursuant fo this section does not comply with minimum town landscaping ar site standards as provided herein, the applicant will be required fo bring fhe site info compliance with such sfandards before any such temporary or permanenf cerfificate of occupancy will be issued for fhe additional GRFA added fo the life. Before any building permit is issued, fhe applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance wifh said town minimum standards, which plans and materials shall be reviewed by and approved by fhe department of community development. 4a. Building Permit: Upon receiving the necessary approvals pursuant to Phis section, the applicanf shat! proceed with the securing of a building permit prior to beginning fhe construction of additional GRFA. Staff Comments TITLE ~4: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-1©: SERVICE AREAS: 14-1 p-I Accessory Structures; Separated Garages; Utilities; ServECe Areas: 1. Design of accessory structures upon a site shall be compatible with the design and materials of fhe mar'n structure or structures upon the site. 2. Accessory buildings generally should be attached to the main building either directly or by means of a confinuous wall, fence or similar feature of the same or a complementary material as fhe main building's exterior finish. 3. The presence of si~grnificant site constraints may permit the physical separa#ion of an access©ry building and the rrrain building on 131 a site. The determination of whether or not a lot has significanf site constraints shall be made by the Qesign Review Board. Significant site constraints shall be defined as natural features of a !at such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, othernatural features, and existing structures that may creafe practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows far the separation of a garage from a unit. !! shall be the applicants responsibility to request a determination from the Qesr'gn Review Board as to whether or not a site has significant life constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed 6uilding~(sJ. 4~. All utility service systems shall be installed underground. Any utility sysfem the operation of which requires above ground insfallafion shall be located ar~d/or screened so as not to detract from the overall site design quality. S4. A!1 utility meters shall be enclosed or screened from public view. fi5-. Service areas, oufdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and ofher public areas by fences, berms, or landscaping. ~'~. Adequate trash storage areas shall be provided. There shall be year- round access fo all trash storage areas which shall not be used far any other purpose. Staff Comment: In many instances, applicants have had hardships that require that main buildings be separated from garages. Staff feels it necessary to cadifythe allowance forthis under certain circumstances to alleviate these hardships. Applicants will be able tc~ have a garage, thus relieving parking pressure from the street. • 132 Iii. APPL[CABLE PLANNING DGCUMENTS Town of Vail Sian Regulations {Title 11. Vail Town Cade) Chapter 11-1: Description, Purpose and applicability 1?-1-2: Purpose A. General purpose: These regulations are enacted for the purpose of promoting fhe health, safety, morals, and general welfare of fhe town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance ifs natural environment and its established character as a resort and residential community of the highest qualify. B. Specific purpose: These regulations are intended to achieve the following specific purposes: 7. To descrr`be and enable the fair and consistent enforcement of sr"gns in fhe town of Vail. 2. To encourage the establishment of welt designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. Ta preserve a successful and high quality business environment that r`s aided by signs fhat identify, direct, and inform. 4. 7o aid in providing for the growth of an orderly, safe, beautiful; and viable communify. Town of Vail Zoning Regulations (Title 12. Wail Town Code Chapter 12-1: Title, Purpose and Applicability 72-7-2: Purpose A. General: These regulations are enacted for the purpose of promoting fhe health, safety, morals, and general welfare of the Tawn, and to promote the coordinated and harmonious development of fhe Tawn in a manner that will conserve and enhance its natural environment and ifs established character as a resort and residential community of high quality. Tawn of Vail Subdivision Regulations {Title 13. Vail Tawn Codel Chapter 13-1: General Provisions 13-1-2: Purpose A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population, The regulations also coordinate the need for 133 public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection far the purchaser; and to regulate other matters as the Tawn Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to Serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development an adjacent land.. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4, To ensure that subdivision of property is in compliance with the Town's coning ordinances, to achieve a harmonious,convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transpartatian, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal desceiptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout. the Tawn in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Develooment Standards Handbook (Title 14. Vail Tawn Code} Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient developmentwithin the #own for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town. IV. CRITERIA AND FINDINGS A. The review criteria and factors far consideration for a request of a text amendment from Title 11, 13 and 14 are very general statements that point to the purpose of these Titles and what criteria should be used in determining if an amendment is to be adopted. Staff believes that these text amendments follow in accordance with the purpose and intent of these Titles, 134 as the text amendments are all in line with the public interest and serve to improve the Cade. The review criteria and factors for consideration fflr a request of a text amendment from Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for Title 11, 13, and 14, these provisions will be used for this entire text amendment to provide for a stringent criteria. A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, honing and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11, 12, 13, and 14. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and better achieve the applicable elements of the adapted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, Additionally, staff believes that the proposed text amendments are compatible with the Town Council's mission statement. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. 4. The extent #o which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Tawn of Vail master plans and development objectives. 5. Such other factors and criteria the Commission andlor Council deem applicable to the proposed text amendment. _ B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of aoQroval for of a text amendment: 1. That the amendments are cansisten# with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and its compatible with the development objectives of the Town; and 135 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Review Handbook; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and. harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. V. STAFF RECQMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the above listed proposed text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Town Code, for proposed "house keeping" amendments andlor corrections. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and EnvironmerPtal Commission approves fhe Town of Vail's request for texf amendments, pursuant to Title 11, 12, 93 and 94." Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments staff recommends that the fallowing findings be incorporated into a motion: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Standards Handbook; and 3. That the amendments pramate the health, safety, morals, and genera! welfare of the Town and pramate 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. V7. ATTACHMENTS A. Public Notice 136 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2405 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Sections 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Garden Level, and 12- 7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 146 multi-family residential dwelling units, located at 728 West Lionshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto (PEC 45-4062 and PEC 45-40fi3). Applicant: Vail Resorts Development Company, represented by Braun Associates, lnc. Planner: Warren Campbell I. SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Ritz-Carlton Residences will be reviewed and evaluated by the Planning and Environmental Commission at a following hearing. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: • How the proposed site for the Ritz-Carlton Residences is regulated by the . Lionshead Redevelopment Master Plan and to communicate the pertinent sections of the Plan; • How the proposed site for the Ritz-Carlton Residences is regulated by the Lionshead Mixed Use - 1 zone district; and How the proposed site for the Ritz-Carlton Residences is tied for zoning purposes to the other parcels within the West Day Lot Subdivision. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. Staff and the applicant request that the Planning and Environmental Commission tables the applicant's request to the September 12, 2045, hearing. II. DESCRIPTION OF THE REQUEST The purpose of this work. session is to provide the Planning and Environmental Commission with the information from the Town's regulatory documents t7y which the proposed Ritz-Carlton Residences will be reviewed and considered by the Planning and Environmental Commission. The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres and is proposed to be the location of the Ritz-Carlton Residences project. A. vicinity map identifying the location of the development site has been attached for reference (Attachment A). The Ritz-Carlton Residences proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: A major exterior alteration. application for a new 10f multiple- familydwelling unit structure; and A conditional use permit for "lodge roams or dwelling unFfs" located on the first float or street level of a building; III. BACKGROUND The subject development s"rte includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gave Creek Residences, and the West Day Lot. Marriott Hotel History (Parcel 1 of the West Day Subdivison) The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District No. 7 by ©rdinance 3, Series of 1977. The project was expanded and modified throughout the 1980's and 1990`s. In 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed .today includes 35 dwelling units, 278 hotel rooms, meeting roams, a restaurant, and other hotel amenities. West Day l.ot and Vail Marriott Mountain Resort History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Marcus Subdivision}, known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. Gore Creek Residences History (Parcel 3 of the West Day Sut~division}: On November 24, 2003, the Planning and Environmental Commission approved text amendments to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria to which asingle-family and two-family • • 2 residential dwelling proposal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Counci6 upon second reading in Ordinance 36, Series of 2003, on December 16, 2003. On June 28, 2004, the Planning and Environmental Commission approved, with conditions, a conditional use permit and a major exterior alteration application on this site for eight two-family structures for a total of 1fi dwelling units. On December 13, 2004, the Planning and Environmental Commission. approved a minor subdivision establishing the West Day Subdivision (Attachment B} which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Greek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the fopowing: "For the purposes of zoning, lots 7, 2, and 3, creafed by this subdivision are to be treated as one development site. Development standards shat! be based upon the r'mprovements and land area of the combined area of Lots 7, 2, and 3. " As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, entitled, "West Day LotlMarriott HotellGare Creek Place Approved Development PlantDevelopment Allocations", and dated December 6, 2004, is attached for reference (Attachment C). IV. ROLES ()F THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Gomm'rssion, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior AlteratipnlModifcation in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Gommssion for impacts of useJdevelopment and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmenfal Commission: Action: The Planning and Environmental Commission is responsible for final approvaildenial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has na review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Baard application. Sfaff.• 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 an the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation an approval, approval with conditions, or denial Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council' evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals ar denials and can uphold, uphold wi#h modifications, or overturn the board's decision. B. Gonctitional Use Permit (GUP) Order of Review: Generally, applications wil[ be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Baard for compliance of proposed buildings and site planning. Planning and Environmenfaf Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of CLIP. The Planning and Environmental Commission shall review the request far compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Baard application. Staff.• The staff is responsible far 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 4 on approval, approval with condifrons, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental. Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or net the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can upheld, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evalua#ing the Ritz- Carlton Residences proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjuration with their copies of the Lionshead Redevelopment Master Plan to located relevant portions of the Master Pian which pertain to this proposal. Lionshead Redevelopment Masfer Plan Chapter 2: Introduction ^ 2.1 Purpose of the Master Plan ^ 2.2 Definition of a Master Plan ^ 2.3 Policy Objectives ^ 2.3.1 Renewal and Redevelopment ^ 2,3.2 Vitality and Amenities ^ 2.3.3 Stranger Economic Base Through Increased Live Beds ^ 2,3.4 Improved Access and Circulation ^ 2.3.5 Improved Infrastructure ^ 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations -Overall study Area ^ 4.1 Underlying Physical Framework of Lionshead ^ 4.1.1 Lionshead Master Plan Concept ^ 4,1,5 West Lionshead - ResidentiaUMixed-Use Hub ^ 4.3 Connections to the Natural Enviranmenk ^ 4.3.1 Visual Connections 4.3.1.2 North-South Orientation of Buildings ^ 4.6 Vehicular and Pedestrian Circulation 4 Modifications to West Lionshead Circle and Lionshead Place 5 t ^ 4.6.4.1 East Intersection of W. Lianshead Circle and South Frontage Raad ^ 4.6.4.2 Intersection of Lionshead Place and West 'Lianshead Circle ^ 4.6.4.3 Pedestrian Sidewalks and Crossings ^ 4.6.4.4 Visual Improvements ^ 4.7 Loading and Delivery ^ 4.7.1 Properties with Direct Service Access 4.8 Parking ^ 4.8.1 Potential Dispiacement of Existing Parking ^ 4.8.1.2 West Day Lot ^ 4.8.2 Residential Properties ^ 4.9 Housing ^ 4.9.1 No Net Loss of Employee Housing ^ 4.9.3 Policy Based Hauling Opportunities ^ 4.1O Gateway, Landmarks, and Portals .^ 4.10.2 Landmarks ^ 4.11 Public Art Chapter 5, Detailed Plan Recommendations ^ 5.13 The Marriott ^ 5.13.1 Redeveiapment or Development of the Parking Structure ^ 5.17 West Day Lott Vail Associates Service Yardl Holy Cross Site Chapter 6, Site Design Guidelines ^ 6.4 Secondary Pedestrian Walk ^ fi.6 Pedestrian Path Chapter 8, Architectural Design Guidelines ^ 8.1 Vision Statement ^ 8.2 Organization, Purpose and Scope ^ 8.4.2 Architecture ^ 8.4.2.11ntroduction ^ 8.4.2.2 Building Form and Massing ^ 8.4.2.3 Building Height 8.4.2.4 Exterior Walls ^ 8.4.2.7 Roofs 6 Zonina Reaulations Lionshead Mixed Use --1 zone District 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone 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 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This Dis#rict is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in apowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopmen# projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following ameni#ies will be evaluated: streetscape improvements, pedestrianlbieycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTEI] 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. 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, skier services, and daycare. Travel agencies. • Additional. uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-~-4 of this Title. '7 C. Conditional Uses: The following uses shad be permitted in basement ar garden levels within a structure, subject to issuance of a canditional use permit in accordance with the provisions of Chapter 1fi of this Title: Conference facilities and meeting rooms. Liquor stares. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelt ng units, and employee hauling units (Type III (EHU} as provided in Chapter 13 of this Title}. Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to canditional uses described in this subsection, 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. ©e#inition: 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 fallowing uses shall be permitted on the first f[aor or street level within a structure: banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to ,permitted uses described in this subsection, in accordance with the provisions of Section 1.2-3- 4 of this Title. 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: Barbershops, beauty shops and beauty parlors.. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-ifamily 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). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND 1'LOOR 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 uni#s; time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHIJ) as provided in Chapter 13 of this Title}. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. Ei. 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 Chapter 16~of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stares. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. Addi#ional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING):. The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. 9 Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski Efts and tows. Television stations, Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-6: AGGESSORY USES: The folbwing accessory uses shall be permitted in the Lionshead Mixed Use zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidenta'I and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or ether recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 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 subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. SubmittaC Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section i2-11-4 of this title. 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 (1,40C}) square feet of commercial floor area ar common space, or any project which has substantial off site impacts {as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter anal section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 10 1. Submittal Items Required, Major Exterior Alteration: The following submitka] 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 administrator. Any application far 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 administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived andlor modified by the administrator andlor 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 #o the planning documents that comprise the Vail comprehensive plan. The administrator 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. C. Work SessionslConceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session wfth the fawn council. D. Hearing: The public hdaring before the planning and environmental commission shall be held in accordance with section 12.3-6 of this title. 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 Lawn council in accordance with section 12.3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shah lapse and become void two (2) years foliowing the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: C©MPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration ar new development is in compliance with the purposes of the Lionshead Mixed Use 'i zone district, that the proposal is consistent with applicable elements of the Lianshead Redevelopment 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. 11 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10: SETBACKS:. The minimum building setbacks shall be ten feet (10'} unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan, All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the exiisting number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, time share units, and fractional fee club units shall not be counted as dwelling units. Additionally, a"'lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit far the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accamrnodatian unit no larger than one-third (1!3} of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed far each one hundred (100} square feet of buildable site area, or an increase of thirty three percent (33%} over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-7H-14: 51TE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%} of fhe total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be Provided in accordance with chapter 10 of this title. At least one-half (112) the required parking shall be located within the main building or buildings. 12 12-?H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All affces, businesses and services permitted by zone district, shall be operated and conducted enfirely within a building, except for permitted unenclased parking or loading areas, the outdoor display of goods, ar outdoor restaurant seating. B. Outdoor Displays: 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. Sidewalks, building entrances and exits, driveways and s#reets shall not be obstructed by outdoor display. 12-7H-1 S: MITIGATION OF ©EVELOPMENT IMPACTS: Property awnersldevelopers shall also be responsible far 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 planning and environmental commission in review of development projects and canditianal use permits. Mitigation of impacts may include, but is not limited ta, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tractlbank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation far large scale redevelopmentldevelapment projects which produce substantial off site impacts. ` 'Vt. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-TH-8, Compliance Burden, Vail Town Code, outlines the review criteria far major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed far compliance with the fallowing criteria: That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district;. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4, That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the following finding as part of the motion: "Pursuant to Section f2-7M-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the S3 Planning and Ertvlranmenta! Commission and the Design Review Board that the proposed major exferior alteration is in compliance with fhe purposes of fhe Llonshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Llonshead Redevelopment Master Plan and that fhe proposal does not otherwise haws a significant negative effect an fhe character of fhe neighborhood, and that the proposa! substantially complies with other applicable elements of the Val! Comprehenslwe Plan. " 1111. C4NDITlONAL USE PERMIT REVIEW CRITERIA As previously discussed in Section II of this memorandum, the applicant is requesting approval of a conditional use permit, pursuant tv Section 12-7H-2, Permitted and Conditional Uses; Basement ar Garden Level, and 12-7H-3, Permitted and Conditional Uses; f=irst Floor on Street Level, to construct dwelling units within the Garden Level and an the First Floor of the proposed structure, subject to the issuance of a conditional use permit in accordance with the provisions outlined in Chapter 16, Conditional Use Permits, Vail Town Code. Section 12-16-fi, Criteria; Findings, Vail Town Code, outlines the review criteria far conditional uses permit requests proposed within the Llonshead Mixed Use 1 t;LMU-1) zone district. According to Section 12-18-fi, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on development objectives of the town. 2. Effect of the use an light and air, distribution of popula#ion, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission 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 the Zoning Regulations and the purposes of the Llonshead Mixed Use 1 zone district. 2. That the prapased location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 14 8. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. Vlll. NEXT STERS The fotlowing is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) wiEl be asked to review, comment, and take action on the preposed Ritz-Carlton Residences: + PEC September 12, 2x05; Introduction to the project by the applicant and Staff. The PEC will be asked to provide initial comments. No formal action requested. , + PEC September 26, 2005: Applicant and Staff response to previous PEC comments. No formal action requested + DRB September 21, 2005: Introduction to the project by the applicant and Staff, The DRB will be asked to provide initial comments. No formal action requested. • DRB ~3ctober 5, 2005; Applicant and Staff response to previous DRB comments. No formal action requested. + PEC «actober 24, 2005: Request for final review and approval of the project by the applicant and Staff if all comments and concerns have been addressed. + )]RS November 2, 2005: Request for final review and approval of the project by the applicant and Staff if all comments and concerns have been addressed. IX. STAFF RECOMMENDATION Staff and the applicant would request that the Planning and Environments{ Commission #alale the applicant's request to the September 12, 2005, hearing. X. ATTACHMENTS Attachment A ;Vicinity Map Attachment B :West Day Subdivision plat Attachment C: West Day Lot/Marriott HotellGore Creek Place Approved Development Plan spreadsheet dated December 6, 2004 15 ~~ :c,~o r,~`FG '-'~ ^: ~ c ~ ` ~ ©.~j \: ~. ..r ~ ~. ~ u: s=o Q a" :i; O ti ~ ~ C°: ERA ~0~. 'r, ~+ { •-: ~ ~,. ~. ~ - C~+ ",Lti=.. ~.., ~ ~.:.; c ey U ~a~E. g ~ ~: ~, ~ ~~~~ ~ c ~z . W x ; z ~~-~ `-. fl -~., , .. ., v ~ (. s ~ ~ ~ ti ~ ~ M 4 ~+., Z '~ dal ~ ~'. 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McNeish 303-839-3722 August 19, 20U5 YL~ L~'M.9IL AND U.S. MAIL Mr. Warren Campbell Town of Vail Depar~nent of Community Development 75 South Frontage Road Vail, CO 81657 '~' MERITAS u~w~a~swaR~noe gmeneish@griffishawharring, corn Re: West Day Lo# - Cattdi#ional Use Permi# and Eg#eriar Al#eration Applica#iom - Lat 2, West Day Subdivfisio~n -Vail Cnrparation dba Vail Associates Inc. Dear Warren: l am writing to you on behalf of the Vail Spa Ccando~ninium Association ("Vail Spa") concern+*+g the above captioned application which will be initially considered by the Town of Vail Planning and Environmental Committee ("PEC'') on Manday, August 22, 2UU5. Vail Spa has had a continuing interest over the last. several years regarding development Y~.,yosals on West Lionshead Circle, including the Marriott Motel renovation and the Iodge previously proposed far level©pment on the Marriott Hotel parking structure site. Similarly, as we have discussed, Vail Spa is now interested in berg directly involved in the application review process for the development of the Ritz-Carlton Residences at Vail proposed to be located on the Test Day Lot site. In this regard, in addition to warping with yon, I have been in contact with representatives of the applicant, and my primary contact most recently has been through Jay Peterson, I anticipate continuing to w©rk with yeu and Jay on this application regarding issues which Vail. Spa has had in the past concernuig buildings located between the Vail Spa facility and the mountain. As Y have previously indicated to you and Jay, the concerns which Vail Spa has addressed in the past and which are continuing concenns include but are not limited to the following maL;.c.~~: 1. Separation between the Marriott Hotel and the proposed new building. • ~. Public pedestrian access between the two buildings tiarough to the stream path. Mr. Wu.a.,.~ Campbell August i 9, 2445 Page 2 3. New betel entranceltraffic, noise and lighting, 4. New hotel height/upper Hoar "setback'? design features. 5. New hotel roof top treatment/design. 6. Nevv betel parking entrance/traffic patterns. 7. Service area locationslfunction far both buildings 8. Overall site and building lighting plan. 9. TrafficJgeneral circulation. 10. Signage r 11. Landscape plan. 12. Building heightlview corridors, In the past, Vail Spa has worked with the applicants of these various projects to reach an acceptable a.~~,.,.gement concerning building design features which impact the interests of Vail Spa. We loop forwazd to Gontinuu~g this type of involvement cartGerning the Ritz-Carlton Residences ai. Vail proposal as the application proceeds through the 'T'own of Vail PEC view process and other related reviews. Tt is my understanding that the agenda for the PEC meeting an Monday with e~€clusively deal with procedural matters concern~~~ this application, and that the substantive review the application will be considered on a later date at which tune it would be appxopxiate for me to address speoifie comments to the commission. Thank you for your assistance in this matter. I look forward to working with. you and other meraabers of the Town of Vail staff and the applicant as the application moves forward, +~'inGerely, l~nvlsxAw ~. xARRn~G, P.c. Gilbert F. McNeish G~1vl~srp cG: Plaruair~g and Environmental Commission Members Andres Crarza/Vail Spa Association Board of Directors -via email Jay Peterson -via email Cr.1131531L1L Vuarrcn Campbell Va[l spa 0$1905.doc MEM~?RANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2Q05 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 1~3- 4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 1, Cliffside Subdivision and Lot 5L, Ridge at Vai! Subdivision, located at 1452 Buffehr Creek Road and 146© Ridge Lane, and setting forth details in regard thereto {PEC 05-0050}. Applicant: Mike Young Planner: Warren Campbe{I I. SUMMARY The applicant, Mike Young, is requesting approval of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the configuration of Lot 1, Cliffside Subdivision and Lot 5L, Ridge at Vail Subdivision, iocated at 1452 and 1460 Ridge Lane, The minor subdivision, if approved, will result in Lot 1 and Lot 5L swapping equal portions of land to create two new lots which are identical in area to the existing Pots. Staff is recommend%ng approval of this application subject to the findings and conditions outlined in Section IX of this memorandum. 11. DESCRIPTION QF REQUEST The applicant, Mike Young, currently has asingle-family home cons#ructed on Lot 1, Cliffside Subdivision. Lot 5L, Ridge at Vail Subdivision is an adjacent lot to the east of Lot 1, Cliffside Subdivision. A vicinity rnap is attached depicting the two lots (Attachment A). The applicant has proposed to swap equal sized 676 square foot areas between Lot 1, Cliffside Subdivision and Lot 5L, Ridge at Vail Subdivision. The proposed plat entitled Amended Final Plat of Lot 1. Cliffside Subdivision and Lot 5L. Riidoe at Vail Subdivision identifies these parcels as Parcels A and B. A copy of the plat to be recorded is attached for reference {Attachment B}. III. BACKGR©UND Lot 4, Ridge at Vail, is zoned Residential Cluster {RC) zone district according to the Official Town of Vail Zoning Map. However, the Declaration of Protective Covenants for the Ridge at Vail, which was executed on July 29, 1980, set forth development parameters for ail lots associated with the Ridge at Vail Subdivision. For the most part, these protective covenants are more restrictive than the RC zone district development standards. • On January 14, 1884, the Town of Vail mailed a letter to the Eagle County Planning Commission commenting on the proposed preliminary plan far The Ridge at Vail With regard to Lat 4, the Town of Vail Planning & Environmental Camrnission had the following comments: "The excessive slopes on Lot 4 make it almost unworkable. If Lat 4 were deleted,. the road could be shortened and the western most townhouse on Lat 5 could be moved down off the ridgeline. The architect for the project is confident a well designed building would make Lot 4 acceptable. If Lot 4 is incorporated into Lot 5 and the building design can be tied to condominiumization approval, we will review the design mere favorably. Approval of any building on Lot 4 will be given only if the design is for an unobtrusive building, which steps into the slope and is located vn slopes under 4©°/Q.n On February 11, 1980, the Eagle County Board of County Commissioners approved the preliminary plan far The Ridge at Vail. The approval was for 6 townhvmes, 3 duplex iota and one single-family lot (Lot ~~. On July 25, 1981, PEC approved a minor subdivision request for Phase IV of the Valley {The Ridge at Vail), which combined portions of Lot 4 and 5. Formerly Lot 5 had an "`arm" which extended along the top of the ridge to the west along the north side of Lot 4. For maintenance purposes and to make Lot 4 a more viable lot, this Lot 5 "arm" was incorporated into Lot 4. A condition of the 1981 approval was that the existing building envelope remains as approved. Prior to the combination of the "arm" of Lot 5 with Lot 4, the area of Lot 4 was 14,418 sq. ft. In August of 1985, a request to relocate the building envelope was submitted to the Town. This application was later withdrawn. On June 22, 1996, the Town of Vail Planning ~ Environmental Commission unanimously approved a minor amendment to the building envelope location an Lot 4. In granting an approval, the Commission placed the following conditions of approval on the minor amendment: 1. Within the southern 20 feet of the proposed building envelope, the roof structure shall not exceed an elevation of 8,503 feet. 2. On the balance of the site (Werth portion of the site), the maximum building height shall not exceed 30 feet from existing or proposed grade, whichever is more restrictive. 3. A driveway/garage access envelope shall be indicated on the final amended plat. 4. Any garage associated with. the project shall be located in the northeast corner of the site. 5. Allowable GRFA shall not exceed 2,400 sq. ft + 225 sq. ft. credit for a total of 2,625 sq. ft. On March 13, 2000, the Planning and Environmental Commission approved a Minor Subdivision far Lot 4, Ridge at Vail Subdivision, to allow for the elimination of the platted building envelope and GRFA restrictions. This allowed the applicant to construct the residence which currently exists on Lat 4, Ridge at Vai! Subdivision. Un April 11, 2805, the Planning and Environmental Gommission unanimously approved a minor subdivision combining Lot 4, Ridge at Vail Subdivision and Lot 1, Cliffside Subdivision into one lat known as Lot 1, Cliffside Subdivision. IV. ROLES Dl` REVIEWING BOARDS Order of Review: Generally, minor subdivision applications will be reviewed by the Planning and Environmental Commission, and then any appeals would be heard lay the Town Council. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, ar denial of a minor subdivision in accordance with Section 13-3-4, Gommission Review of Application; Vail Town Gode. Design Review Board: Action: The Design Review Board has no review authority on a minor subdivision, but must review any accompanying Design Review Board application. Town CaunciL• The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Gommission and/or Design Review Board. The Town Gouncil may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANN1NG DOCUMENTS Town of Vail Zoning Code: Title 'l 3: Subdivision Regulations (partial] 13-2-2 Definitions Minor Subdivision: Airy subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining properfy. • 13-4 Minor Sulbcfivisions 93-4-9: EXEMPTIONS 1N PR©CEaUR,E AN[.~ SUBMfTTALS: "Mi~nc~r subdivisions", as defined in Section 93-2-2 of this Title, shall be exempt from requiremenfs related to preliminary plan procedures and submiftals. Minor subdivisions maybe required to submit an environmental impacf report if required by Title 92, Chapter 12 of this Code. (Ord. 2(9983) § ?) VI. SUROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential Residential Cluster East: Residential Residential Cluster/'Single-Family West: Residential Residential Cluster South: Residential Residential Cluster 4 VII. SITE ANALYSIS Lot 1, Cliffside Subdivision Zoning: Residential Cluster Land Use Plan Designation: Medium Density Resides#ial Current Land Use: Single-Family Residence Development Standard Allowed Proposed Lot Area: 15,000 sq- ft. 45,389 sq. ftJ1.04 acres Dimension. 80'X80' min. exceeds 80'X8©' Buildable Area: 8,000 sq. ft. 32,777 sq. ft. approximately Frontage: 30' min. Lots 1, 2, and 6 will share the common access, Cliffside Drive (Private Drive) which has approximately 100 feet of frontage along Buffehr Creek Road. GRFA: 36°l0 of the buildable lot area is allowed. A structure measuring approximately 11,800 sq. ft. could be constructed on the new Lot 1. Access: Access to the site is via Cliffside Drive, a private road which is currently c©nstructed. Lot 5L, Ridge at Vail Subdivision Zoning: Residential Cluster Land Use Plan Designation: Medium Density Residential Current Land Use: Multi-Family Residence (Tri-Flex) Development Standard Allowed Proposed Lot Area: 15,000 sq. ft. 10,585 sq. ft,10.243 acres Dimension: Buildable Area: Frontage: GRFA: Access: VIII. CRITERIA AND FINDINGS Minor Subdivision 80'X8©' min. exceeds 80'K80' 8,000 sq. ft. 32,777 sq. ft. approximately 30' min. 181 feet along Ridge Lane GRFA is plat restricted to 12,5Q0 square feet far lots 5A through 5L Access to the site will be via Ridge Lane, a private. rand which is currently constructed. A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met, This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area; The minimum lot area far the Residential Cluster District is 15,000 square feet, The proposed area of Lot 1, Gliffside Subdivision would he 45,389 square feet. The proposed area of Lot 5L, Ridge at Vail Subdivision would be 10,585 square feet which is the exact size of the existing lat. Lat 5L is the common parcel far the tri-plex structure located an Lots 5H through 5K, Ridge at Vail Subdivision. The total iot area of Lots 5H through 5L is 18,774 square feet which meets the 15,000 square foot lot area minimum. The two proposed resulting lets meet this requirement. Buildable Area: The minimum buildable area far the Residential Gluster District is 8,000 square feet. The two proposed resulting lots meet this requirement. Frontage: The Residential Gluster zone district identifies a minimum #rontage requirement of 30 feet. The two proposed resulting lots meet this requirement. Dimension: The Residential Gluster zone district requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. The two proposed resulting lots meet this requirement. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The ,burden of proof shat! rest with the applicant fo show thaf the application is in compliance with fhe intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Pfannf»g and Environmental Commission deems applicable.... The Planning and Environmental Commission shall review fhe application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resalufions arrd other applicable docurnenfs, environmental integrify and carnpatibilfty with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community, The subdivision purpose statement from 93-1-2 (C) are as follows To inform each subdivider of the standards and criteria by which development proposals will be evaluafed and to provide information as to the type and extent of improvements required. " Staff Response: The applicant was informed as to the standards and criteria by which the proposed plat and future development would be evaluated. One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can fallow in the public review process. Although this request does not involve the creation of a new subdivision it does include the resubdivision of existing parcels of land, the minor subdivision process is the appropriate process to exchange equal portions of property between Lot 5L, Ridge at Vail, and Lot 1, Cliffside Subdivisions. ~ . 2. To provide for fhe subdivision of property in the future without conflict with development on adjacent land." Staff Response: This proposed minor subdivision exchanges equal portions of property between to currently platted properties and will not adversely affect adjacent land. The proposed minor subdivision does not make either property undevelopable or non-conforming with regard to zoning requirements. 3. 7o protecf and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will have no detrimental affect on the value of land within the Town. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient,. workable relationship among land uses, consistent wifh Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship arnang land uses consistent with municipal development objectives. No development parameters identified in the Residential Cluster zone district are affected by 6 this plat. The proposed minor subdivision does not mare either property undevelopable or non-conforming with regard to zoning requirements. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreafion, and other public requirements and facilities and generally fo provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to address impacts of large-scale subdivisions of property, as opposed to this particular proposal to amend this plat. Staff does not. believe this proposal will have any negative impacts on any of the above-listed public facilities. fi. To provide for accurate legal descriptions of newly subdivided farad and to establish reasonable and desirable construction design standards arrd procedures. Staff Response: The proposed minor subdivision will provide for accurate legal descriptions for the two newly configured properties. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water fable and fo encourage the wise use and management of natural resources throughout the Town in order to preserve fhe integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. Findings: The following findings are used for a Minor Subdivision: 1. That the application is in compliance with the infant and purposes of the Minor Subdivision Chapter, the Zoning Qrdinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. IX. STAFF RIEC4MMEN©ATICN The Community Development Department recommends that the Planning and Environmental Commission approves the Amended Final Plat of Lot 7, Ciiffside Subdivision and Lot 5L. Ridae at Vail Subdivsian, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the configurations of Lot 5L Ridge at Vail Subdivision and Lot 1 Cliffside Subdivision located at 1452 Cliffside Drive and 1460 Ridge Lane based upon the criteria evaluated In this memorandum. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following findings be made as a part of the motion. 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning ©rdinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. ~. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. X. ATTACHMENTS A. Vicin%ty Map 8. Copy of the proposed plat ~C. Public notice 0 e Ell'.9aL-IYh XY: L[[~-9~C~1L4 lealsoavaa~c~'~ova iD: 3isns 3v.^~nv sxamvvf;a sc_ 519k XpB (ld SaJIA3t359i~IfN33rt]DN3 )ia*dh*]13N38 . ,.v i i ,i caat~o'[o~ `~[dn .~~ n[mc~.>. 111~A 1V ~'JQRI ~ I.L `JS x.01 Puy 3UCSd3f'7~'[ id"3 .L}'`Id 1VI~1I.~ c1'3Qi~E~1~Id Y Y ~~ h4~~~ ~~ ~r ~ :~ r~Y~~ ~~ ~~ ~ ~~ ~~;a~ ~ ~~ ~ .g y~ b#~~r ~~=' I' ~r I i !' i ~~ ~h. r9~CE ~r~ ~ ~ ~~ ~II 7 ~ YE pg~ ~ ppr"~; ]p j ~ i€ r i ~ ~ ~~ ~gea ~ e ~ g~ow~ ' sil s f ~~a~ ~ i ? ? y± he i ~irho~ ~ ~&C I ~~C I i i la„ ~~ ~~'~i 1 k3y I i k~' ~ ~ ~ ~33 ox -~x~g. ~ ~ ~~f ~ ~~ i I .I ~ I X I e~ I ~ b h ~ ' x$~r5 ^~ ~. ~~ I f ~ ~~~ i R ~ ~ ~ iGb i I F ~ ~ rg ,_,, i if i rF i ~~~~ ~~ ~ .9J . ...°~ w 8 ~ a S~a'~d3 : ~'$ Y~Y i d G '.~ IYY I E ~ ~ ~h .'~ IP@ Yb E Q fl© ~ J , H ~ n ` ~~. ,3 z ~ ~ C!~ m ~ r ~ ~ p Ll J 4 ~, a ~ ~ r- a a a ~~ ~~~ 9'a` r o~: e h i A~ ~a x ~~ ya r~ k" ~~ ~~ aF '~` Y ~. E ~~ ~ $ .~ ~~ ~ i i ~~ ~ ~ ~ ~ ' I €i EE e ..~_ c~ b ~ _s„ r~ f 1 I ~ ~ ~~ al ~ $ d iii ~r~~_; &~s=' i~S~l s~ ~y ~h ~~ ~~ hF ~~ r :~ -C- u'1 a ~I ~9 3r ~~ 6 ~1 ad ~I ,~e ~R ~ ~ ! 8 y ~~~r: h3 i37 i~ ~~ y K? 's: ~ ~~ ~b G~ a ~ ~ ~~ I 111 ~ x~~ ~ i 0 >` E ° € ~Y: ~ ~ 1$ I~~ g: ~~~ r ~ ~I~ l ~~ ~ ~ _e '~ U ~~ G '~ R ~ Chi ' (~I 9 0 U p~ E W W P4 qH W U} a W rn Ea Attachment: B ~91~~P11brid~2i JNf~OI. 3?[IW L00-S415391~5 MlY lUIT1Y ~P ~L].L~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE ~ ` ~_~=~=~'' NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of file Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Gode, on Augus# 22, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a warksession to discuss a recommendation to the Vail Town Counci! far proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook, Vail: Tawn Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. 3 Applicant; Town of Vail Planner: Rachel FriedelBill Gibson A request for a final review of a major exterior alteration, pursuant to Sections 12-7H-~, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-~H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Flaor on Street Level, Vail Tawn Cade, to allow for the development of 106 multi-family residential dwelling units, located at 72$ West Lionshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Carp., represented by Tom Braun Planner: Warren Campbell A request for a final review of an amended final plat, pursuant to Chapter 13-4, Minor ~~ Subdivision, Vail Tawn Gade; to allow for a resubdivision of Lot 1, Cliffside Subdivision and ~ ,~ ~~ Lot 5L, Ridge at Vail Subdivision, located at 1452 8uffehr Creek Road, and setting forth ~~ details in regard thereto. Applicant: Mike Young Planner: Warren Campbell A request. for a final review of a variance from Section 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new fireplace and chimney, located at 175 Forest RoadlLot 26, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Jack and Karen Ryan, represented by Michael Suman Planner: Elisabeth Eckel A request for a recommendation to the Vail Town Council, pursuant to Section 12-gA-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District Na. 22, Grand Traverse, modifying the GRFA calculations far the District; increasing the number of lots for the District; and a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, Dauphinais/Mosely Subdivision Filing 1, A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, and setting forth details in regard thereto. Applicant: Grand Traverse Homeowner's Association, represented by Pat Dauphinais Planner: Warren Campbell Attachment: C CROSSVIEW AT VAIL HOMEOWNERS ASSOC CIO DAN MCNEILL PO BOX 4694 VAIL, CO 81658 RIDGE AT VAIL HOMEOWNERS ASSOC TODD KELESKE 1466 RIDGE LN VAIL, CO 8165T WILLIAMS, CARL M. ~ ALYCIA F'. -~T 2 VISTA RD CHERRY HILLS VILLAGE, CO 80113 C©LE, DAVID L. PO BOX 5556 VAIL, CO 81658 DYROFF, MATTHEW C. 2033 11TH ST 6 BOULDER, CO 803D2 ASPEN GR©VE TOWNHOMES ASSOC INC 14558 RIDGE LN VAIL, CO 81657 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2005 SUBJECT: A request .fora recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2,8, Lionshead Redevelopment Master Plan, to amend the boundaries of the study area to include Evergreen Lodge, located at 260 South Frontage Road West, Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC05-0048) . Applicant: Evergreen Lodge at Vail, represented by H8 Development Company Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, Evergreen Lodge at Vail, represented by HB Development Company, is requesting a public hearing with the Town of Vail Planning & Environmental Commission to present an amendment to the Lionshead Redevelopment Master Plan. The proposed amendment amends the boundaries of the study area of the Plan to include the Evergreen Lodge, located at 250 South Frontage Road, and Chapter b, Detailed Plan Recommendations, ofi the Plan to include detailed recommendations for the Evergreen Lodge site. The purpose of the amendment is to include the Evergreen Lodge site into the study area prescribed by the Lionshead Redevelopment Master Plan and to adopt detail plan recommendations for the site. The purpose of the amendment, however, is NQT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. A copy of the amended Study Area (Map A} has been attached for reference. This amendment is being proposed and shall be considered in accordance with Section 2.8. Adoption anal Amendment of r`he Masfer P{an, Lionshead Redevelor~ment Master Plan. . II. BACKGRCIUND On June 4, 1996, the Vail Town Council approved a request from Vail Associates to enter into a joint study and evaluation of the feasibility of a public/private partnership 'for the redevelopment of Lionshead, and thus initiated the creation of the Lionshead Redevelopment Master Plan. One of the first steps in the creation of the Master Plan was to evaluate and identify the boundaries of the area to be influenced by the Plan. The boundaries of the Plan were later identified to be Middle Creek on the east, the north side of the South Frantage Road right of way on the north, Red Sandstone Creek on the west and the northerly edge of Forest Road on the south, with the exception of the residential development on Beaver Dam Circle and West Forest Road. On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. A primary goal of the Master Plan was to establish a new zone district which would further the goals, policies and objectives outlined in the Master Plan, On February 7, 2002, Evergreen Lodge at Vail, LTD, submitted an application to the Town of Vail Community Development Department proposing an amendment to boundaries of the Lionshead Redevelopment Master Plan Study Area to include the Evergreen Lodge and the Vail Valley Medical Center sites. Due to the inability to reach consensus regarding development options and opportunities between the two property owners, the application was later withdrawn by the applicant. The Evergreen Lodge is currently zoned Special Development District No. 14 with an underlying zoning of High Density Multiple-Family. The Special Development District was created in 19$6, by Ordinance No. 5, Series of 1986. In 1989, Ordinance No. 7, Series of 19$9, was approved which allowed for amendments to Special Development District No. 14. In 1990, the Town Council approved Ordinance No. 1, Series of 1990, to allow for amendments to the development plan. Only portions of the Special Development District approvals have been constructed. The hotel currently includes 128 accommodation units, 19 dwelling units, a restaurant, lounge, spa, and meeting roomJconference facility space. On June 27, 2{105, the Planning and Environrnental Commission held a public hearing to discuss a text and map boundary amendment to the Lionshead Redevelopment Master Plan. The purpose of the amendment is to include the Evergreen Lodge in the Lionshead Study Area. Upon discussion of the amendment, the Commission voted unanimously to table the final hearing on the proposed text amendment to a future meeting date. The purpose of the tabling was to allow staff and the applicant an opportunity to address the various questions of the Commission prior to the Commission taking action an the request. The Commission specifically requested that any amendments to Chapter 5, Detailed Plan Recommendations, should make reference to the following: • Vehicular and pedestrian access • Maintenance of the existing accommodation units on the site • Impacts on Middle Creek • South Frantage Road improvements • Physical relationship to the Vail Valley Medical Center • Relationship to the proposed Vail Conference Center • Need for architectural improvements • Loading and delivery improvements • Pedestrian connection to West Meadow Drive 2 III, PROPOSED MASTER PLAN AMEN[3MENT The applicant is proposing to amend bath the Lionshead Redevelopment Master Plan maps {Maps A-W}, and. Chapter 5, Detailed Plan Recommendations of the Plan, to include detail recommendations for development on the Evergreen Lodge site. A copy of the text amendment is attached far reference (attachment B}. Amendments to the Lionshead Redevelopment Master Plan require a public hearing review process as outlined in Section 12-3-6 of the Tawn Code. if approved, amendments are adopted by resolution by the Vail Town Council According to the Lionshead Redevelopment Master Plan,. amendments to the Master Plan must address the following review criteria: Haw harre caneliitians changed since the plan was adopted? The Lionshead Redevelopment Master Plan was adopted in December of 1998. The study area, as currently defined in the Master Plan is generally defined by the following features: • On the north by I-7Q • On the east by Middle Creek (west of the Vail Valley Medical Center) ~ On the south by the Town of Vail boundary {south of Forest Raad, not including single-family lots) • On the west by Red Sandstone Creek (east of the G6en Lyan Office Building.) The back of an adequate pedestrian connection between Lionshead and the Vail Village was identified early in the master planning process. The primary solution to this connection issue was for the Tawn to focus on the Town of Vail Streetscape Master Plan's recommendations far West Meadow Drive. While recognizing that the implementation of the streetscape along West Meadow Drive is of extreme importance, redevelopment of the Evergreen Lodge and the Vail Valley Medical Center were not necessarily considered at the time, The Evergreen Lodge is adjacent to the Vail International and Dobson Arena, both included in the study area. The Evergreen Lodge is not included within the study area of the Vail Village Master Plan, and is therefore subject only to the Design Guidelines as outlined in Title 14 of the Tawn Code. The existing Evergreen Lodge is an extremely visible, prominent building in the Town's overall landscape. Staff believes that with the proposed redevelopment of the Evergreen Lodge, it is imperative that the site be included in the Lionshead Redevelopment Master Plan, and as such, become subject to the site and architectural design guidelines outlined in Chapters 6, 7, and 8 of the Lionshead Redevelopment Master Plan. How is the plan in error? The Lionshead Redevelopment Master Plan may be in error in this situation. The error results from omitting the Evergreen Lodge site from the study area. The site adjoins the east side of the eastern boundary of the Lionshead Redevelopment Master Plan study area, and the site is an important connecting piece between Vail Village and Lionshead. According to the Vail Land Use Plan, both Vail Village and Lionshead are intended to be the primary locations for hotels and commercial uses far the mountain. Staff believes that since the Evergreen Lodge site is not currently Located within one of these two important master- planned areas, the Plan is in error. Flow would an addition, deletion, or change to the plan lae in concert with the plan in general? The Vail Land Use Plan designates this property as "Resort Accommodations and Sen+ice" which is consistent with the designation for Lionshead portions also designated as Tourist Commercial}. The Vail Land Use Plan defines "Resort Accommodation and Service" as: "Thr`s area includes activities aimed at accommodating the overnr'ght and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures with densities up fo 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from l-7D, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses." As this designation is consistent with the Vail Land Use Plan designations for much of Lionshead, staff believes that the addition of the Evergreen Lodge site within the Lionshead Redevelopment Plan is compatible with the Vail Land Use Plan. - The Lionshead Redevelopment Master Plan has identified' the following policy objectives which staff believes are applicable to this application: 2.3.1- Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.3 5tronaer Economic Base Through increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds' through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and Through Lionshead. 4 2.3,5 Imaroved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Staff believes that amending the boundaries of the Lionshead Redevelopment Master Plan study area to include the Evergreen Lodge site into the Lionshead Redevelopment Master Plan is in concert with the policy objectives of the Plan. IV. STAFF RECQMMENDATION The Community Development Deparkment recommends that the Town of Vail Planning ~ Environmental Commission forwards a recommendation of approval #o the Vail Town Council of the request to amend the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, amending the boundaries of the study area to include the Evergreen Lodge, located at 250 South Frontage Road West, Lot 2, Block 1, Vai! Lionshead Filing 2, and setting forth details in regard thereto. Should the Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends that the Commission makes the fiollowing finding, "The Commission finds that the proposed text and map amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section I!I of the memorandum fo the Planning and Environmenfal Commission, dated August 22, 2005, and that the amendments, as proposed, further the goals, objectives and pol-cies, as sfated in Chapter 2 of the Lionshead Redevelopment Master Plan." • i~it' JJ`y', __~;rf ,.- fit- J i t 1 L 1. ~ t i`"`~""~ r4 ~ f 1 f 1, J'~ ~ L~ ~ ;,'~~s > l~ ' + ~ O ~ I~.; ~~ 3 tiY 1 k:~ ~ J1I + i ~` Ct ~.~ ~~ l~ ~~ .f .1 ~ r~.;~ ~~'~ D ~+ ! ~- !~ 1 i~ ~ !! ,w 1 ~ ~ ~ 1 ~i` ~` ~~ (( I 1t~1~ ~ti~si` `r' ~i j r i. ~ ++ I ~ ~, , ~ ~'~~, ~I[ ~ ~~' ~~_ 1,51, 1 ~~ 9 i ' 1 ~ M1~ ~~ ~~ 5 U t ~~ ,~~4~ ' ,y 1 ~ a ... 'y~;-.~ 11~, ~ ~d 1 ~ 1 ~`~ ,,. Q . ' , ~;, d .~ \ ~~~~ A~,~ ~1 `~:. _ 'rq~\ w ~ \~~~~'~ '' '~ \ti~ t~~ \ a m ~ '',~ m .-~ n r'~ z 1 c zn, .-. I I r•. ~`, '-~1 < z rr *fj 'r '.~` I~ ~t~ ~~ t7 r C D ~`~ ~ b t f~l }a ~ '~ i ~ N L ~\t t~G~ment; A p !~~ ~ ~ ~ t ~ ~~ ~~ ~t. '~ ;j ~~~ a ~ `~ ~~ ~~ W ~~" ~ ~~ ~~ ~~ ~ ~~~ ~ ~ ~, ~ ~ \ ~ t ~~ h Vp' n~ I rna ~~ ~~ Y A ~, m ~~ o> 0 ~ C+ ~~ <~ 4 0 m ~, m r 0 Z O +t ~~ ~ GL c~ mm A F N Cs P 4 r =m `,+" Q r ; -,~ .- 4~'1'ti :` ATTACHMENT B Chapter S Detailed Plan Recommendations (in Part} This section of the Liansheaci Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter -and the Master plan as a whole - is to identify important functional relationships and visual abjeclives within the district and to propose a framework far the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.99 Evergreen Lodge at VaFI The Evergreen Lodge is located directly east of the Middle Creek Stream Tract and is bordered to the north by the South Frontage Road, to the south by the Vail Valley Medical Center, and. to the east by the WestStar Bank office building. The lot area is 114,337 square feet or 2.625 acres. Physical improvements that currently exist an the site are a nine story stucco hotel/condominium structure with an adjoining two-story hotel facilities wing, two belarv-grade structured parking garages, and paved surface parking. The nine story structure has a predominant east-west orientation along the southerly edge of the site while the facilities wing has anorth-south orientation along the western edge of the site. The eastern parking garage is utilized by the Vail Valley Medical Center for employee parking and is accessed From the South Frontage Road through a shared entrylexit with the WestStar Bank office building. Opportunities far future improvements and upgrades include: • Creation of mare underground parking; + Architectural enhancements consistent with the Lionshead Architectural Design Guidelines; + Improved exterior lighting; + Coordinated vehicular access; + Improved pedestrian circulation; and + Upgraded and expanded hate] accommodations and amea~ities 5.19.1 Pedestrian. Access Pedestrian access should be upgraded to provide a safe and attractive pedestrian connection from the Evergreen Lodge to West lvleadow Drive and along the South Frontage Road. A gravel path connecting the South Frontage Road to the paved pedestrian path located an the east side of the Dobson Ice Arena presently 6 exists along the south side of the property. This path, while functional, receives little, if any, regular maintenance and includes a railroad tie set of stairs that is unsafe and in disrepair. There are currently no pedestrian improvements located along the South Frontage Road, Though no improvements exist, a fair number of pedestrians use the southerly edge of the South Frontage Road when entering or exiting the site. In order to improve pedestrian access and safety, it is recommended that future redevelopment of the site includes the construction of a continuous pedestrian bicycle path along the South Frontage Road and that the existing gravel path along the southerly edge of the site be improved and regularly maintained. 5.19.2 South Frontage road Improvements and Vehicular Access The site is currently accessed by vehicles off of the South Frontage Road from two, two-way access points, Given the proximity of the eastern most access point to those of the Vail Valley Medical Center and the WestStar Bank office building, less than desirable vehicular traffic patterns and turning movements exist in the vicinity. In keeping with Policy Objective 2:3.4, Improvccl Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements should be explored in conjunction with any future redevelopment of the site. Possible opportunities for improvements may include, an improved mass transit stop, relocated points of entrylexiting, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes and landscaped medians. 5.19.3 Preserva#ion of Existing Accommodation Units The Evergreen Lodge presently contains 128 short term accommodation units. In addition, The Evergreen Lodge also contains a restaurant, lounge, spa, and meeting. space facilities incidental to the operation of the Lodge. Given the importance and need for short term accommodations to the vitality and success of the caz~~munity, any future redevelopment of the site shall ensure the preservation of at least 128 short term accommodation units on the site. 5.19.5 Impacts on Middle Creep Stream Tract The Middle Creek Stream Tract lies to the west of the Evergreen Lodge. The Tract is owned by the Town of Vail. The tract is heavily vegetated with several substantial deciduous trees and a significant lower layer of underbrush. Although the site borders the Middle Creek Stream Tract, there is no significant amount of quality vegetation on the site, and the parcel lies out of the 100-year flood plain. As currently configured, opportunities exist to better recognize the benefits of creekside development. While the natural riparian corridor of Middle Creek needs to remain protected and preserved, the physical and visual relationships and 7 ref~~:.~~ces between adjacent development and the stream tract should be strengthened. An opportunity exists to create a significant connection between the Evergreen Lodge and Middle Creek. Any use of Middle Creek for aesthetic or recreational purposes, however, should be subordinate to the preservation of the natural riparian corridor and its inherent character. 5.19..E Relationship to the Vail Valley Medical Center aad the proposed Vail Civic Center Perhaps the most critical functional relationship is the need to coordinate any future development on the Evergreen Lodge site with the Vail Valley Medical Center. For example, every effort should be taken to ensure that future development an the Evergreen Lodge site does not preclude the Vail Valley Medical Center from reconfiguring the design of the medical center to eliminate vehicular access off of West Meadow Drive and relocate the access to the South Frontage Road. Additional opportunities may include, shared service and delivery facilities, grading and site improvements, shared parking, and pedestrian pathway connections. 5.19.7 Service and Delivery Service and delivery functions for the hotel are accommodated on grade ft.,-,~ the westerly entrance. Service and delivery far the Evergreen Lodge should occur unde~~.,und or be hidden from public view, .Service and delivery truck turning maneuvering should not negatively impact traffic flow on the South Frontage Road. With a realignment of the vehicular access points, attention should be given to the location of service and parking areas.. An additional level of structured parking at the current Frontage Road level would help to minimize the apparent height of the existing or future structures, decrease the grade at existing access points, increase the amount of landscaping on the surface of the structure, and hide service functions below grade. S PLANNING AND ENVIRONMENTAL GOMM[SSION PUBLIC MEETING ,~ August 8, 20(}5 T~i4~I DP YhIL, " PFtO.lECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12.00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunian (until 3:30 p.m.} -Bill Dewitt Rallis Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Lodge Tower - 200 Vail Road 2. Ganference Center - 395 East Lionshead Circle Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request. for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, . pursuant to Section 12-17, Variances, Vail Town Code, to allow for Gross Residential Floor Area to be constructed within the front setback, located at 1797 Alpine DrivelLot 4Q, Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Dantas Builders, Inc. Planner: Elisabeth Eckel ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 7.0-0 Elisabeth presented the project according to the memorandum. No public comments ar Commissioner comment was added. 2. A request for a final review of a conditional use permit, pursuant to Section 12-78-5, Permitted and Ganditional Uses; Above Second Floor, Vail Town Cade, to allow for the operation of a private club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov ~ Company, Ina., represented by Knight Planning Services, Inc. Planner: Warren CampbellfGeorge Ruttier ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND; Lamb VOTE: 7-0-0 3. A request for a final review of a variance, from Section 12-7B-12, Height, Vail Tawn Code, and Section 12-76-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, and a reques# for a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations 'or Modifications, Vail Town Code, to allow far additions and exterior renovations to Page 1 the Lodge Tower, located at 2d0 Vail Road/Lot 2, Lodge Subdivision, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Lodge South Condominium Association, Inc,, represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Approved with coroditions MOTION: Kjesbo SECOND: Lamb VOTE: 6-'I-~ (Niels opposed} CONDITIONS: 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this major exterior alteration or modification request.. ~. The applicant shall revise the proposal to lower the new elevator tower's ridge elevation to not exceed the existing ridge elevation of the Lodge Tower's east elevator tower. Bill Gibson presented the project according to the memorandum. Stan Cope, applicant, and Dominic Mauriello, applicant's representative, presented an overview of the proposal. Commissioner Viele mentioned that he had some difficulty understanding the hardships that were precipitating the variance requests. He continued that Council had spoken clearly against non-conforming height. Commissioner Bernhardt commented that needing some leniency from the regulations in order to increase the service level was sufficient need for the variance requests. Commissioner Jewitt commented that he felt that the Commission should use the legal criteria available in the Vail Town Code to justify or not justify variance requests such as the ones being presented. Because this is part of the Front Door project, he felt that an approval would be good, yet also felt that the site coverage variance wasn't necessarily justifiable. Dominic Mauriello responded that "existing site conditions" has often been ample justification for the Planning and Er7vironmental Commission's approval of variances. His sentiment was that the size of the lot was the hardship justifying the variance requests. Commissioner Kjesbo stated that he agreed with the approval of all the requests with the exception of the height variance. Commissioner Lamb strongly encouraged that the need for a height variance be reconsidered. Commissioner Cahill mentioned his support of the further development of fhis property. He agreed that there may not be a need far the height variance. Dominic Mauriello commented that due to the zoning, a height variance would be necessary as long as any height beyond that allowed by zoning was requested. He suggested that perhaps the applicant try to "match" the height of the elevator tower elsewhere on the building. Commissioner Cahill agreed that the Commission could support the equal height of bath elevators, rather than the extension above existing height of the proposed elevator tower. Page 2 Commissioner Bernhardt commented that before a condition such as that was discussed, appropriate codes should be accessed to decipher the current height requirements for elevator installations. Commissioner Jewitt maintained that an actual height restriction be applied to the pro osal. p 4. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. Sri, Four Seasons Hotel, pursuant to Section 12-9A-10, Vail Town Code, to allow for a reduction in the total number of dwelling units and fractional fee club units in the hotel; a decrease in building height at the northwest corner of the building, and a reduced setback requirement, located at 28 South Frontage Road and 13 Vail RoadlLots 9A& 9C, Vail Village Filing 2, and setting forth details in regard thereto. Applicant: Vail Development L.L.C., represented by Zehren Associates, Inc. Planner: Matt Gennett ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: G-0-1 (Lamb recused) CONDITIONS: 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 far review and approval of the Design Review Board. o 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. o The developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of tike transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. o The developer provides a 6 ft. to $ ft. heated paver pedestrian walkway from the Frontage Road bus stop ad}scent to the West Star Bank then continuing east to Vail Road. and then south to the g 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 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. 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. Page 3 o The developer shall provide additions! 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. 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 Faur 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 far review and approval by the Design Review Board. a 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 Review Board review and approval. o Proposed hydrant relocation at the NW comer of the property shall be graded to be level with the proposed sidewalk and landscaping will be 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.Q% 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 existing 2-3fi~ CMP's. o The foundation wall at the 5E carnet of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. a The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. o Ali 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 easfern 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 curvedlangled in order to "bench" access drive wall. o Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?fTYPo) - o Railings shall be provided for paths where necessary. o Show edge of existing pavement for Frontage road on civil plans and show match paint. o Erasion control plan shall be updated. o Show grading around proposed electric vault. a Show driveway grades, spot elevations on civil plans. o Show additional TOWlBOW elevations on pool walls. Page ~ o The Developer sha11 coordinate with the Tawn to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Tawn 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 fiar 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°/fl 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 {COOT access, ALOE, dewatering, storm water discharge, etc.}. 3. The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate of occupancy far 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) fora minimum of 56 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available far occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk 8 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 Tawn 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 Res©rt far review and approval by the Design Review Board. o The developer shall provide a hea#ed pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall submit a pedestrian easement for 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. g, Series of 2003. This fulfills approval agreement number 2 of frst reading of Ordinance No. 9, Series of 2003. Page 5 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 transfier with the deed to the hotel property. a 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 Gare Genter trips, respectively being 155-(108+7) _ 40 net peak trips cr $5,000 = $200,000. This fee will be offset by the cast of non- adjacentimprovements constructed. o The developer sha[I 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 Gammisson and Town Council shall 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 Tawn Code. a The developer shall commit no act ar omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. o The developer shall invoke the Four Seasons Landscaping Requirements when planting the site, which are more rigorous then those of the Town of Vail. Matt Gennett introduced the project according to the memorandum. TJ Brink, Vail Development, and Tim Losa, Zehren and Associates, explained the proposal and the modifications that have been made since the drafting of the staff memorandum. Jim Lamont, Vail Village Homeowners Association, asked whether or not the proposal would be heard by the Town Council, to which Staff repl'sed in the affirmative. Richard Kent, Scorpio Condominium Association, stated their strong concerns about the further below and above grade encroachments toward their building and the structural impacts to their building. He also asked for clarification about the sidewalk design along their building. Tim Losa and TJ Brink clarified. AI Meyers, asked if the sidewalks will be heated. TJ Brink answered "yes". Jim Lamont requested clarification about the landscape plan and recommended Scorpio and Four Seasons work together to improve the landscaping between the buildings. Commissioner Jewitt, noted that the improved quality of the landscaping makes up to the reduction in landscaping. Page 8 Commissioner Kjesbo asked for clarification about 9 Vail Road's parking at the Four Seasons. He requested that the applications landscape planting more than compensate for the reduction in landscape area. Commissioners Gunion, Viele, and Bernhardt had no comment. Commissioner Cahill complimented Faur Seasons for enforcing their awn landscaping standards to a higher standard than the Tawn requirements. THE COMMISSION TOOK A 5 MINUTE RECESS 5. A request far a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Cade, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle! Lot 1, Black 2, Vail Lionshead Filing 1, Lat 3 and 5, Block 1, Vail Lionshead Filing 2, and se#ting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, lnc. Planner: BiIE Gibson ACTION: Tabled to Sep#ember 12, 2005 MOTION: Lamb SECOND; Kjesbo VOTE: 5-0-1 ~Viele reCUSed and . Gunion absenty Rick Pylman, representing the applicant, Kurt Fentress, Fentress Bradbum, and Chase ,Winston and Associates, presented the 3 dimensional computer mode! of the conference center. Commissioner Jewitt noted his concern that a number of outstanding issues such parking, EHUs, transportation center, relocation of the charter bus lot, and several other issues will not be resolved prior to the September 6 Town Council meeting. Commissioner Cahill noted his concern about the scale of the building as viewed by pedestrians. fi. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to September 12, 2005 MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-1 ~Viele recused and Gunion a6sent~ This item was reviewed concurrently with item 5. 7. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, to amend the boundaries of the study area to include Evergreen Lodge, located at 250 South Frontage Road West, Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, represented by HB Development Company Planner: George Rather ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND: Lamb VOTE:. 7-0-0 Page 7 8. A request for a final review of a variance, from Section 12-6F-6, Setbacks, 12-6F-9, Site Coverage, 12-fiF-10, Landscaping and Site Development, 12-6F-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4110 Spruce WaylLot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: Tabled #o August 22, 2005 MOTION: Viele SECOND: Lamb VOTE: 7-0-0 9. A request for a final review of a text amendment to Section 12-7A-7, Height, Vail Town Code, .pursuant to Chapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Maurielio Planning Group, LLC Planner. George Ruther ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND: Lamb VOTE: 7-0-0 10. Approval of July 25, 2005 minutes Tabled to August 22, 2005 MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-0 (Viele and Gunion absent} 11. Information Update 12. Adjournment MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-0 (Viele and Gunion absent} The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2.138 for additional in#ormation. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information, Community Development Department Published August 5, 2006, in the Vaii Daily. Page 8