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Home My WebLink About2005-1024 PEC L1 ~ 0 O Q ~a L fii A ~ ~ ~$ EN C N W 2a x ~iaN p~ Ug m pzWN ¢O~ ~ iq ZU x cv x W~U~ m V Oyu ~ } ~ H `•°~ ~ z °'a w--~ uy ~ C7 Z Z OA k' ~- U ¢ ~ fL vi ~ O N 2 UI W ~' W RL ¢ m aE WW ~~ N 'rn ~a i/'y GO M r-y c G C/~ z ~ ~., ~.. F A ~_ ~ ~ ~ Q Q ~r ~ ~ F ~ ~ z Q ~~., rr U n~ O U ~ ~~ O ~ v o 4 Zz ma Q~pui ~ t= ~ U~- ~= a~~~ N C g CT U~ m ~ vU cLi ~ a`~ b L c~ , ~ a ~ ° a. an C ~ ~ O ~ `~ L O en CS Ay ~ jy C 3 ..~' v, gaiQU~c ~ ~ .~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ .~ +-' ih .~ ~ ~ EO ~ C ~ A~ N ~ ~ GJ C ~ a` jj , C y '`~ ~ ~' '~ y„ ~s ~ ~ ~ `~ a~i a7 ~ ~ ~ ai ~~ p ~ ~ a c:, as a~ .v,' L (/} ~,~" ~ ~ tz. o ~ y cG N csf IG j 3 ~ .n ~ ~ ~ ftS `-r ~ ~ ~.1 ~ ~ R ~ ~ W x u'r ~ G-, N '~ c~ O~ Q G p W •~ a] .G . w ~' ~ ~ ~ ~ ~ '- ~ a, os ~ Q a~ _>'" ~ O ~ a~i ~ G a3 'd ^ u CQ cn Q L LUi ~ .~ ~ V Q, i~ '~ Q. 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Code. to aliow for the subdivision of 3rence Center davedapmenf site: final re- candetianai use perm"rt, pursuant to 12-9C-3, Conditional Uses, Vail Town allow for a public convention facility and king lacilides and structures: and final re- sw for a public convention facility a g facilities and structures, ioceted at .ionshead Circle; Lot 1, Block 2, V =fling 7. Lot 3 and 5. Block 7, Vail (~ 2, and setting forth details in rogard Inc. VOTE -... - 8- A requesS For a correction to the Vail Land Use Ptan to designate the Lionshead Rede- velopment Master PYan Area. and sett'sng forth details in regard thereto. AppBCant: Town at Vail planner- Bpi Gibson ACTION: MOTION- SEGOND: VOTE: 7. A request for a recommendation 'to ltta Vail Town Council for proposed text amend- mertts to Title t t , Sign Re IaticNta: Tttle t2, Zon- ing Regulations; Title !3. Subdivision Regulations; Title t 4, Development Standards Handbook: Vail Town Code, (a more complete Oeschption of the tegWas[ rs avaifatlfe for review at the Community pevelopm®ht Department) [or pao- poaiad crxrections and clarifications !o the ail Town Code.. and selling brth tletaib !n regard ereto. Applicant: Town o1 Vail Planner: F?actrat Frieda ACTION: MOTION: SECOND: VOTE: A regtyest fnr a vrnrksession to dis- +S5 a recomrnentlatir~n •,:. tnc Vdii Town Council r oroocscd text amendments 7n Title 17. Sian rte description of lho request is available for at the Community Development Depari- or proposed CorreCtians and clarifications to .Town Gale, and setting forth details +n thereto. Applicant: Town of Vail Planner: Rachel Frieda ACTION: WITHDRAWN Appravai of Octaoer t 0. 2605 minutes MOTION SECOND. VOTE: Intormatlon Update Ad ournmant M~71DN: SECOND: pplications and iniormatian about the prapos- avaiiai~e for public inspection during regu- haurs at the Tnwn of Vail Community Devel- 11 Department, 7y South Frontage Road. ublic is invited to attend the project oriema- td the site visits that precede the pvblic hear- the Town of Vail Community Development lmenL Please call (970) A79-2138 for adtli- is available upon ra- n, Plaasa call (974) tearing Impairetl. for M ~--i • U a~W LL a C) yap agz ~av ~ J ~~ ~~~ N ~ O ~ ~ ~ Y•~I A Q ~ O ~ .~! QI ~ :ry ~ ~ ~ O E" ~~. ~ Q .. ~ ~~ =E ~a 0 ~ m m ~~° n t^6.. "L i. ~ d ~ ~ O ~. dA ~ ~ }' .~, 0 ~ ~„ ~ .; O ~„ ~ ~y .~ ~ ,y G7+ c3 O ~ ~ ~ O .C .~ ~ ~ ~ ~~~~_ :~ ~~~ ~zs j W '~ o ~ a G{r •~. .~ ° U ° t i. • ~~ ~.a UaL= ~ ~~~~~~ t ~ ~ ~ ~~~~~~~ p ~ ~ =a ~-~a~•~ ~~.~~~ R, ,~ 40 ~ ~ CC ..' ~' CA 'zJ C b~ ~ O ~ ~ ?C j ~ r: i•. ~ r..+ ~ b O cC D p ~ p ~J •~ 'J 3 5 ~ ~ `~ G a' •> vi y C G,7 ~ , O y~ ..~ w © ''" U '~ R. ~~° c`J o-a ~= ~ ^" p ~ ~. Q~ a C~ G •y a p U U ~' ~ ~~ a~~~x ~., a ~ a? ¢, ~ Q ~ C ~ ~ ~ ~ C ~ ~ ~ V 4? a.1 u-. O a~ •L C c a v a a .y w 'C C~ O c ;~ G6 '~ QJ x a~ C C :~ ,~ R C C1 .~ C.Y 4i t b c ;~ ~, <C Q 0 U '~ .--~ who dew c ~' v ~~.v m~ ~- ~m ~a~ m `m N6~ om~ mz mss a~ m =~c U ~ ~ C ~ u ~ ~ c/5 ~ ,ai c- ~ O ~ Z ~ ~••, ~ ~ _ C1~.~ Z _ ~ ^ M ~ v~ 0 `..~ ~, U ~. '1 ~~j ~ V ~• ~~~~~~~ Y,~~.y ~~ -(~+ i • " • • • ~~ CJ ~ ~ • r ~ r: CL ~ ~ ~~ ~`~ • v Y •. • O '~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING _ . ,~ October 24, 2005 n1Wflf OF YAJI.. PROJECT ORIENTATION -Community Development. Dept. PUBLIC WELCOME '12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given, MEMBERS PRESENT Anne Gunion Dave Viele Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Bill Jewitt MEMBERS ABSENT Site Visits: Ellis Residence - 302 Hanson Ranch Road., #201 & 202 Driver: Warren Public Hearing - Tawn Council Chambers 2:00 pm 1. A request for a fine! review of a minor exterior alteration, pursuant to Section 12-7B-?, Exterior Alterations or Madifcatians, Vail Town Cade, to construct three bay windows, located at 3D2 Hanson Ranch Raad, Units 201 and 202. Mill Creek Court BuildinglLat I, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Gail Ellis, represented by Snowdon and Hopkins Architects PC Planner: Matt Gennett ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 7-Q-t) Matt Gennett gave a presentation per the staff memorandum. Craig Snowden, representing the applicant, had nothing to add. There was no public comment. 2. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type II Employee Hauling Unit, located at 385 Mill Creek CirclelLot 1$, Black 1, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Michael Gaughan, represented by Zehren and Assooiates, Inc. Planner: Warren Campbell ACTION:: Approved with condition{s) MOTION: Kjesbo SECOND: Viele VOTE: ?.p-0 i. This conditional use permit approval shall be contingent upon the applicant receiving Town of Vail approval of the related design rev%ew application. 2. Prior to the issuance of a building permit, the applicant shall execute a Type II EHU deed restriction with the Town of Vail Department of Community Development to permanently restrict the use of the EFIU for employee housing. Page 1 Warren Campbell gave a presentation per the staff memorandum. Catherine Ashton from Zehren ~ Associates, representing the applicant, stated she was available to answer any questions the Commission might have. There was na public comment. The Commission expressed support for the application. 3 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, 'Exterior Alterations ar Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 92-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and ~2-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi-family residential dwelling units, located at 728 Wes# Lionshead CirclelLvt 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Carp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Tabled to November 14, 2005 MOTIC)N: Jewitt SECOND. Lamb VOTE: 7-0-0 Warren Campbell gave a presentation per the staff memorandum. Jay Petersen, Tam Braun, and Bob Fitzgerald, representing Vail Resort Development Co., discussed the changes made to the proposal since the October 10, 2005, hearing.. The criteria found in Resolution 18, Series of 2004, were addressed in reference to the architectural deviations being requested. In conclusion, it was stated that the%r team felt the mechanical screening was the best solution and fit the criteria found in Resolution 18, Series of 2004. Jeff Winston then gave a presentation in which he stated he thought the project was architecturally more interesting with the architectural landmark tower. He further stated that without the architectural landmark tower the mechanical screening solution seemed out of character with the proposed project. There was no public comment. Warren Campbell stated that Gil McNeish, legal council far Vail Spa, was unable to attend bu# wished to say that he is continuing to work with the applicant and is generally pleased that the Commission is addressing the concerns of Vail Spa. The Commissioners generally supported the architecture of the proposed structure. Regarding the proposed architectural deviations (flat roof area, mechanical screening, and a landmark tower) there were varying thoughts. Several members were comfortable with the mechanical screening solution as it was a goad solution by which other developers could aspire, while other members were adamant that the height limitation of 82.5 feet not be exceeded. In regards to the flat roof area of the building the general consensus was that the area proposed was appropriate. Several members desired to see the architectural landmark return to the design of the project. Some members felt the tower should comply with the 97.5 feet height requirement and others thought it could go slightly taller. Commissioner Gunion said that if they are setting a precedent, it is a goad one. The mechanical screening has been approved in the past over the height limit and she would much rather see Page 2 this option of screening rather than others. Commissioner Gunion liked the front facade antl feels that the tower isn't a bad idea since they are limited to seven landmarks in Lionshead, Commissioner Vele thinks the screening is an attempt to cover the flat roof areas, and will stick with the letter of the law found in the Master Plan. Commissioner Bemhardt said the spire, in model form, is very appropriate. He understands the reason to regulate flat roof square footage. Commissioner Bernhardt sees the mechanical screening as a good option within the guidelines. He agrees with Commissioner Gunion that the project exceed the intent of the screening regulation. Commissioner Jewitt agreed with Commissioner Gunion. His concern previously was with the flat roof areas and the appearance it would have. He added that the presentation from last week demonstrated that the flat roofed areas will not be able to be seen from most vantage points. Commissioner Kjesbo said that mechanical screening was too tall, and would be in favor of staying under the 82.5 max. He believed that flat roofed areas were appropriate and that he would be in favor of a proportional tower, which might be slightly higher than 97.5 feet. Commissioner Lamb said he believed the mechanical screening was a good solution and would like to see a tower within the project, but one which was not very tall. Commissioner Cahill likes what happened with new changes with the front of the building being much more interesting. The screening, as an architectural element, should be unique. How can it be considered unique? He believed the tower height was appropriate, and that the balcony in the corner helped to break up the building, brings us to pedestrian scale. 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-7B-24, Vail Village Urban Design Plan, Vail Town Code, of an amendment to the Vail Village Urban Design Guide Plan, to allow for changes to the ArchitecturalJLandscape Considerations far building colors, and setting forth details in regard thereto. Applicant Vail Chamber Business Association, represented by Kaye Ferry Planner: Warren Campbell ACTION: Forwarded a recommendation of approval with modification MOTION: Kjesbo SECOND: Viele VOl'E: 7-~-0 Warren Campbell gave a presentation per the staff memorandum. Kaye Ferry spoke on behalf of the Vail Chamber Business Association. Ferry said that in past years she had tried to get staff to amend the Guidelines to increase the color in the Village, however, staff was reluctant to make these changes, so the Chamber chose to apply for the changes themselves. She added that the DRB was very supportive. The motivation behind this application was to bring vibrancy and greater interest to the Village. The core of the Village is not being redeveloped and is not getting a facelift and they fear the Village will get left behind economically as Lionshead is completed. She concluded by handing out a slightly modified version of the text proposed in the staff memorandum. James Martin from The Color People, representing the applicant, made a presentation showing how additional color schemes in the village will look, changing from the white/beige schemes to a wide range of color. Page 3 Jim Lamont, representing the Vail Vil[age Homeowner's Association, stated that during a recent trip to Europe he found it to be common in many communities, such as Kitzbuehl, that greater color variation was being implemented. John Kammer, owner of the Toy Store on Bridge Street, stated that he had surveyed some of the building owners in the Village and they are supportive of the changes. Warren Campbell stated that he would suggest several-minor changes to the newly proposed text to address concerns of the Design Review Board. The Board was concerned with the language stating colors "shall be rich and lively, but muddied and softened" because they were contradictory (rich and lively vs. muddied and softened). James Martin responded that while some wards are used for colors, their other meanings are not the same. Clean colors are pure and bright. Muddied colors are softened and dull.. Rich and lively are public adjectives, but muddied and softened are color terms. The Commissioners expressed support for the proposed text amendment and directed staff and the applicant to work on the language to a mutual agreement regarding the changes staff was requesting to be incorporated into the text. The hearing conclude with a discussion regarding a statement the Design Review Board made in its hearing about the lack of experience with color tv assure that the ability to utilize a wider range of colors would be implemented effectively by the Board. There was discussion that possibly a pallet of ranges of acceptable colors be created to guide decision making and in with some proposals James Martin could be directly consulted at the expense of the applicant. 5. A request for final review of a fins! plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Tawn Cade, to allow for the subdivision of the Conference Center development site; final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines far New Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circlet Lot 1, Block 2, Vail Lionshead Filing 1, Lat 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman ~ Associates, Inc. Planner: Bill Gibson ACTION: Ta61ed to November 44, 2fl05 MOTION: Jewltt SECOND: Lamb VOTE: 7-4-Q Matt Gannett gave a presentation per the staff memorandum. Rick Pylman, representative of the applicant, gave a presentation on the current s#atus of the conference center. A power point presentation was given regarding the separate applications which were associated with the conference center.. John Grgicky ?????, an architect on the project went i;hraugh the architectural changes that have been made to the plan. Chase Mullin, of Winston and Associates, gave a digital model presentation showing the new architecture. Commissioner Bernhardt asked how much parking was being provided by the monetary contribution from Vail Resorts. Page 4 Rick Pylman stated that the $4.3 million was constructing approximately 10~ spaces, Commissioner Jewitt stated that the $4.3 million was for general parking needs in Tawn not for helping to keep the conference center within the budget. Therefore this project is not complying with the Cade for parking requirements. Commissioner Bernhardt stated that he agreed. The Commission asked that Tawn Council provide direction on whether or not the $4.3 million could be used to offset the parking for the conference center. There were further questions regarding haw parking on the Frontage Road would be addressed and how conference would be booked to avoid the peak ski days. Jim Lamont, representing the Vail Village Homeowner's Association, stated that he wouid like to see the Frontage Road improvements incorporated into the digital model. He continued by stating that there should be no parking on the Frontage Road in the.area where roadway improvements would be made in conjunction with this project. Kaye Ferry added that the operafors ofi the conference center have planned to book the facility everyday they can. There will be a parking problem and hotel shortages on peak days in the winter. The Commission requested a parking management plan be submitted. Commissioner Jewitt is concerned about the loss of more public parking by relocating charter buses, need and info booth in Lionshead, regarding EHU's feels that taking 4t? housing units off the market in the community instead constructing new is an issue, concerned with monolithic west elevation. Rick Pylman clarified that the EHU requirements were far 6 units. Commissioner Kjesbo stated that there needs to be a long-term solution for charter bus parking. Concluded with a comment for Town Council. Would tike apay-in-lieu program to be established. Commissioners Gunion and Lamb echoed the comments of previous members. Commissioner Viele does not fee! the architecture is palatable especially the west elevation. $, A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Tawn of Vai[ Planner: Bill Gibson ACTION: Tabled to November '14, 2t)05 MOTION: SECOND:. VOTE: 7. A request for a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title i3, Subdivision Regulations; Title 14, ©evelopment Standards Handbook; Vail Town Code, (a more complete description of the request is available far review at the Community Development Department) for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approve! with conditions Page MOTION: Kjesbo SECOND: Jewitt VOTE; 7-4-0 There was no public comment. The Commission expressed support for all changes and forwards recommendation to Tawn Council. $. A request far a worksess'ion to discuss a recommendation to the Vail Tawn 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 Cade, (a more complete description of the request is available for review at the Community Development Department} far proposed corrections and clarifications to the Vail Tawn Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede ACTION: 1NITHDRAWN 9. Approval of October 10, 2045 minutes MOTION: Kjesbv SECOND: Jewitt VOTE: 7-0-0 10. Information Update 11. Adjournment MOTION: Kj~sbv SECOND: Jewitt VOTE: ~'-0-0 h • 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 Wail Community Development Department. Please call (970} 479-2138 far additional information. Sign language interpretation. is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 21, 2005, in the Vail Daily. • Page 6 MIsMORAIVDUM TC?: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 2005 SUBJECT: A request for a final review of a minor exterior alteration, pursuant to Section 12-TB-T, Exterior Alterations or Modifications, Vail Town Code, to construct three bay windows, located at 302 Hanson Ranch Road, Units 201 and 202, Mill Creek Court BuildingJLat I, Block 5A, Vail Village Filing 5, and setting fiorth details in regard thereto. {PEC05-0076} Applican#: Gail Ellis, represented by Snowdon and Hopkins Architects, PC Planner: Matt Gennett SUMMARY The applicant, Gail Ellis, represented by Snowdon and Hopkins Architects PC, is requesting a minor exterior alteration pursuant to Section 12-TB-T, ExteriorAlterations orModifications, Vail Town Cade, to allow for three bay windows and thirty--five square feet of Gross Residential FloorArea {GRFA) to the Mill Creek. Court Building, located at 302 Hanson Ranch Road, Units 201 and 202, Mill Creek Court BuildingiLot I, Block 5A, Vail Village Filing 5 {AttachmentA). Pursuant to the requirements of the Commercial Core I {CC1) zone district, the applicant is applying for a minor exterior alteration to allow for three bay windows to be placed on the south elevation of the Mill Greek Court Building, subsequently adding thirty-eve (35) square feet of GRFA with the combined area of the three bay windows. Section 12-TB-7 requires any proposals to add square footage be reviewed by staff and the Planning and Environmental Commission {PEC). Staff is recommending approval of the requested minor exterior alteration subject to the findings addressed in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The minor exterior alteration request is to allow far the addition of three baywiindows on the south elevation of the Mill Creek Court Building, located at 302 Hanson Ranch Road. The windows to be added, which together will create thirty-fve (35} square feet of additional GRFA, will consist of two traditional bay window configurations of nine feet {9') in length each, and one window seat four feet {4') in length {Attachment B). A proposed elevation depicting the southern facade is also included in Attachment B and illustrates the slight modification to the architectural features of the south side of the Mill Creek Court Building. III. 13ACI~GROUND Information on the original construction and approval process for the Mill Creek Court Building is limited. It was constructed prior to the incorporation of the Town of Vail and there are no county records available on the building's construction or development requirements in unincorporated Eagle County. Plans on file with the Department of Community Development of the Town of Vail are dated 19G5. The Town files indicate very limited activity on the building since the time of its construction, likely around the year 1965, and actions are limited to minor Design Review Board applications and Conditional Ilse Permit 1 requests. In ~ 98fi, a request was made to begin preliminary discussions regarding redevelopment of the Mill Creek Court Building. However, a recommendation was made by staff to delay any redevelopment untiN the completion of the Vail Village Master Plan, to which the applicant agreed. Another request to discuss a rezoning was made years later, but according to the file, nothing became of the informal request. Curren# uses in the building include retail shops along Gare Creek Drive, real estate office, and a bank on the creek side; a real estate office and empty commercial spaces on Hanson Ranch Rd. In April of 2001, a request far a work session was made to the Community Development Department to discuss the rezoning of the Mill Creek Court Building from CCI to a different zone district or to a special development district to allow office and residential uses on the street level. IV. RULES OAF REVIIlWIIVG BOD11=S Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of a minor exterior alteration The PEC shall review the proposal for. - Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vaii Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following: - Pedestrianization - Vehicular penetration - Streetscape framework - Street enclosure - Street edge - Building height - Views - Serviceldelivery - Sunlshade analysis - The PEC's approval "shall constitute approval of the basic form and location of improvements including siting, buiding setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The L7R8 has NO review authorityon a Ma,~or yr Minor Fxferi4r Alteration, but must review any accompanying DRB application. The DRB is responsible for evaluating the proposal for: - Architectural compatibilitywith other structures, the land and surroundings - Fitting buildings into landscape 2 - Configuration of building and grading of a site which. respects the topography - RernovallPreservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Prevision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the Vail Village Urban Design Guide Plan and design considerations Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background an the prapertyand provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, ar denial. Staff else facilitates the review process. Town Council; Actions of DRB or PEG maybe appealed to the Town Council or by the Tawn Council. Town Council evabuates whether ar not the PEG or DRB erred v4ith approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING Qt3CUMENT5 TITLE 'E2 Zoning Regulations Section 12-TB Commercial Gore 1 {CC1) District {in part) 12-T8-1: AURPOSE.• The Commercial Core 7 District is intended fo provide sites and to mainfain the unique character of the Vail Village commercial area, with its mixture of Iodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is infended to ensure adequate light, air, open space, and atheramenities appropriate to fhe permitted types of buildings and uses. The District regulations in accordance w~th the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tr'ghtly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject 7a Review: The construction of a new building, the alteration of an existing building which adds ar removes any enclosed floor area, the alferafion ofan existing building which modifies exterior raoflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC). 12-7B-2d: VAIL VILLAGE URBAN DESIGN PLAN: 3 A. Adapfian.• The Vail village urban design guide plan and design considerations are • adapted fbr the purposes ofmaintaining and preserving the characterand vitality of the Vail village (GC1}and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village desr'gn guide plan and design considerations shaAbe an frle in fhe department of community development. VI. Vail Village Master Pfan The Vail Village Master Plan is based on fhe premise that the Village can be planned and designed as a whole. The Vail Village MasterPlan is intended to be conslstentwith the Vaif Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furfhermore, fhe Master Plan provides a clearly stated set of goals and objectives outlining haw the Village will grow in the future. Goals far Vail Village are summarized in six majorgoal statements. While there~is a certain amount of overlap between these six goals, each focuses an a particular aspect of the Village and the community as a whole. A series of objectives outline specitrc steps that can be taken toward achieving each stated Baal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives. The stated goals of the Vail Village Master Plan which pertain to this application are included in Section Vlll of this memorandum, Criteria and Findings. Vail Village Urban Design Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vaif ViNage. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based an a number of urban design criteria determined to be appr©priate forguiding change in the Vail Village. The Guide plan is intended to be a guide far current planning in bath the public and private sectary. The pertinentportions of the Vail Village -Urban Design Plan are include in Section Vll! of this memorandum, Criteria and Findings. ZONING ANALYSIS Zoning: Commercial Core 1 District Land Use flan Designation: Village Master Plan Current Land Use: Mixed Use De~efoornent Standard Allowed/Required Existing Proposed Lot Area: 5,000 sq ft 10,039 sq ft nv change Setbacks: Front: Iffier Vaif Village 0 ft no change Sides: Urban Design 0 ftl0 ft no change Rear: Guidelines 0 ft no change Building Height: 60% at 33 ft or less 100% at 33 ft or less no change 40% at 33 ft to 43 ft 0% at 33 ft to 43 ft no change GRi'A: 80% ar 8,312 sq ft 10,434 sq ft 10,489 sq ft Density: 5.76 DUs per ascre 11 Units no change 4 Site Coverage: 8,312 sq ft {80%} 6,384 sq ft {63%} no change Landscape Area leer the Vail Village 37''°10 Urban Design Guide Plan no change Parking: Per Section 12-1Q-10 Per Section 12-10-10 no change VII. SURROUNDIN G LAND USES AND ZONING Land Use Zoning North: Mixed Use Commercial Care 1 District South: Mixed Use Commercial Core 1 District East: {]pen Space Outdoor Recreation District West: Mixed Use Commercial Gore 1 District VIII. CR17ER[A AND FINDINGS A. Compliance with the Commercial Core I Zane District Purpose Statement According to the Official Town of Vail Zoning Map, the applicant's property is located in the Commercial Core 1 Zone District {CG1 }. Pursuant to Section 12-7B-1 of the Vail Town Code Code, the purpose of the CC1 Zone District is: °`To provide sites and to maintain the unique character of the Dail Village Commercial Area, with its mixture of l©dges and commercial establishments in a predominantly pedestrian environmen#. The Commercial Core 1 District is intended to ensure adequate Ggh#, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe si#e development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements ofbuildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scafe and architectural qualities that distinguish the Village." Staff Response: Staff believes that the proposed improvements are in compliance with the intent of the purpose section of the Commercial Core 1 Zone district. 8. Compliance with the Urban Design Guide Plan for Vail Villacle Staff Response: There are no specific sub-area concepts in the Urban Design Guide Plan for Vai! Village relevant to this proposal. C. Compliance with the Urban Design Considerations far Vail Villane and Exterior Alteration Criteria 5 The Urban Design Cansiderations far Vail Village are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. The Urban design Cansiderations are divided 'snto two major categories: Urban Design. Considerations, and Architecture/Landscape Cansiderations. The following design considerations are critical elements of the Vail Village Urban Design Guide Plan and provide the criteria to evaluate new proposals:. Urban Design Considerations The Vail Village Urban Design Considerations are primarilythe purview of the Planning and Environmental Commission. Pedestrianization: The proposed minor exterior alteration will have na negative impact on the pedestrian circulation within Vail Village. The proposed addition of GRFA in the farm of the three proposed bay windows will add visual interest from the Hanson Ranch Road and Gare Creek Drive perspectives. 2. Vehicular Penetration. Vehicular penetration and circulation will remain unchanged as a result of this proposal. 3. Streetscape Framework: Streetscape framework identifies two alternatives for improving the pedestrian experience in the Village. These include the development of open space, including landscaping along pedestrian routes, and the infill development of commercial storefronts along pedestrian routes. Upon review of the applicant's proposal, staff believes that the miner exterior alteration will contribute positively to the overall pedestrian experience along Bridge Street, and the proposed facade improvements will enhance the general appearance of the Village. 4. Street Enclosure: The purpose of this design consideration is to ensure that a comfortable relationship between the width of the street, and the height of the building, is main#ained. The proposed addition will result in a slight tightening of the perception of street width and fapade articulation. Staff believes that a comfortable relationship will be maintained between the width of the street, and appearance of movement on the building's South elevation, upon the completion of the proposed minor exterior alteration. 5. Street Edge: The design cor4sideratians enaouragethat astrong, yet irregular street edge 6 be created along pedestrian streets. An irregular street edge brings variety and visual interest to the pedestrian experience. Staff believes the irregular building line of the proposed minor exterior alteration adds visual interest and will have no negative impacts an the street edge. 6. Building Height: There is no proposed change to the building height. Staff believes the existing building height is appropriate for this site and does not believe the proposal will have any negative impacts an the area. 7. Views and Focal Points: The proposed expansion does not affect any adopted or proposed Town of Vail view corridors, nor does it negatively impact any focal points in the Village. 8. Service and Delivery: The proposed minor exterior alteration wiH not negatively impact current service and delivery patterns. • Architecturall!_andscaoe Considerations The Architecturalll_andscape Considerations are reviewed primarily by the Design Review Board. Roofs No changes to the roof farms are proposed, 2. Facades Staff believes that the proposed changes to the subject facade will enhance the visual interest of the building and add variety to the pedestrian experience from the street. 3. Balconies There are no balconies proposed as a part of this application ~. Decks and Patias No decks or patios are proposed. • 5, Accent Elements The proposed two bay windows and one window seat will provide the illusion of moment and serve to further articulate the expression of the affected 7 facade. 6. Landscape Elements Na landscaping is proposed. Staff Response: Staff believes the proposal is incompliance with the Urban Design Considerations for Vail Village. D. Compliance with the Vail Land Use Plan The following goals of the Vail Land Use Plan are applicable to this proposed alteration: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible.. 1.4 The original theme of the old Village core should be carried into new development in the Village core through continued implementation of the Urban Design Guide Plan. 1.12 Vaif should accommodate most of the additional growth in existing developed areas {infill areas). 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Resoc~nse: Staff believes that this proposal is consistent with the Vail Land Use Plan. E. Compliance with the Vail Village Master Plan Goals The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. 8 A series of objectives outline specific steps toward achieving each stated goal Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. Staff Resaonse: Staff believes the proposal helps to obtain the goals and objectives of the Vail Village Master Plan. IX. STAFF RECOMMENDATION The Community Development Department recommends approval of the request for a minor exterior alteration pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of two bay windows and a window seat to the second floor of the south elevation of the Mill Creek Court Building, located at 302 Hanson Ranch Road, Units 201 and 202, Mill Creek Gaurt BuiidinglLot I, Block SA, Vail Village Filing 5. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Pfanning and Environmental Commission choose to approve the minor exterior alteration request, staff would recommend the following findings be made: 1. That there are no sub-area concepts which relate directly to this redevelopment proposal, and therefore, the redevelopment proposal is in compliance with the Urban Design Guide Plan for Vail Village. 2. That the redevelopment proposal is in compliance with the Urban Design Considerations for Vail Village. 3. That the redevelopment proposal helps to achie~ the goals of the Vail Land Use Plan, and therefore, the proposal is in compliance w+th the Vail Village Master Plan Goals, 4. That the redevelopment proposal is in compliance with the goals prescribed within the Vail Village Master Plan. 5. That the redevelopment proposal is in compliance with the purpose statement far the Commercial Core I Zone District. X. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Applicant's Request D. HflA Approval Letter E. List of Notified Adjacent Property Owners • 5 Q r e .. ` +tzs~ k r'fi , a .".y ^,~fnry '~-, C~ :~ ~ -. '~ ~~~ti~'L^~~,~dtyr~.~a r,~c~'dr~ S?~7'r~~.~:~,~~s~i"!,~~° T .a± ~ 7 V ~ © ~_.~ w A d ~w x ~ o ~ ~ ~ €a ~ ~. ~~r~ ~,~ - lam' - ~. x~ v x _ W ~s] r~-e F ~ ~ _ - ~ ~,} ~'~ a . . ~.. _ ~ w . 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'~~-_ . #~ ~ ~ c ~ ~ I ~, a~ , ~ ~ ~ .5--.. ~ ~--y r r s ; - ~ 1 _ _i~,~„_ '~ ~~~ ~~ • • ~ r~ i ~ .S `~ ~ ~,~ ~.# , ~ -~" ~~ ~ ~ ~ ~ ~ `~~ ~ Q ~. c ~ _ ~ ~ ~~ . ~ ~ _ .~ ~. ~' .~ ~ ~ ~ _ •~ ~-~- s ~~ -~ ~ ~ ~s ~c -~ .r ~ . c~ ~ ~ s ~~ • . a Attachment: C ~~~ ~ Appiication for Review by the ~F~ ~iannin~ and Environmental Commission ~. ~~~~~, VI ~~~ ~~, :- Department of Community Development 75 South Frontage Road, Dail, Colorado X1657 te1:97D.479.2139 fax:97D.479.2452 web: www.ci.vail.co.us General Inforrnat%on: All projects requiring Planning and Environmental CpmmiSSian review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until alt required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council andfor the Design Review Board. Type of Application and Fee: ^ Rezoning $1300 ^ Conditional lfse Permit $650 ^ Major Subdivision $150D ^ Floodplain Modification $400 ^ Minor Subdivision $65D ~' Minor Exterior Alteration $65D ,. ^ Exemption Plat $650 ^ Major Exterior Alteration $g00 ^ Minor Amendment to an SDD $1D00 ^ Development Plan $1500 ^ New Special Development District $6DD0 ^ Amendment to a Development Plan $Z5D ^ Major Amendment to an SDD $6000 ^ Zoning Code Amendment $130D ^ .Major Amendment to an SDD $1250 ^ Variance $500 (no exterior m~difiC3tior~5) ^ Sign Variance $200 • Description of the R.e uest: _ ~ 7 ~' ~ r! ~~~~ ~! ~~ ~ 'SS's 1 r L©cation of the Proposal: Lot:_~Bloelc:~_ Subdlvison:~~ ~1~l~ Physical Address: ~O~" ~~~~-'~~ ~~ ~'`QT~ Parcel No.:'~~~ t a~~#~a~ i Contact Eagle Co. Assessor at 970-326-8640 for parcel no.) 2'oning: ~I~I'~ _ Names} of Owner(s).: ~~1 ~~ ~~~1~ Mailing Address: ~~~~ ~~+~ C J~' ~~~ ~~ ~ ~~"~ il/ ~~ Phone: '~r ~ • owner(s) Signature(s): ~ ~ , ~.-~~-~.~ - Name of Applicant: 1~~~~ ~9' ~~ ~~h4 ~ rr~~i~~~~~ ~~^ ~ --- MailingAddress: l'+~ • ~~'~`Q ~II (~. ~-~b~ Phone. ~~ • ~~ E-mail Address; For Office lase only: ~' iC.~p, Fee Paid: ~~ 5 "~ Check No.: c~ ~J Application Date: .1~ Planner: Fax ~~~' ~~~ ` ~~~~ By: ~~ ~~ ~~i~ab~k~ PEC No.: F is `-~ " ~ C.~1 ~~' tiO Project No.: 'J c~ 0 0 v :7 Page 1 of 6-D1l18lQ"~ : Attachment: D M()NTAG~ PROFERTIES September 7, 2i)US Tr- hYhum It hJuy t'ar~crn,• (eoi! (:aivin E111s lura reccivrcl t~prrlvul jrum this Buurd v/~Dircetors ra/ JLlil! Creek Coyrrr .~.ssuciatian Jut rhr trpmuiorr''re,nodelirrb~ uJ lx r property iRCluding hat nvt Finrrted to her w+nduws~. !'Itast Cuntrrrl ~e i,I'}~r~r J~vMe axy rJuts7iu,eT ut 970.5,24 2451 "~. b°triicrl;Iy, ~~ Leah clrrarn ~~~"1lvlcl ink A~-rat firr the Mil! Gmelr ~rnni,icsociatia-~ pa box lg13S, .4vnn, t'olururlu Nlb2U phurrc 970.52,~.Zt1S0 ftu y7Q52~.lOtit] • t a68d ~ ~S9,~SbaOt~ ~5~Z4 500Z`84 d~S 5nawdon and liopkiins • Ar~~i~~cts,~PC ~'~~~~ `~,`,.,r''r~,~~~~ y ; Attachment: E Ellis / Galin Remodel • Units 2011202 • Mill Creek C~aurt Building Adjacent Property Owners (302 Hanson Ranch Road), Lot I, Black 5A, Vail Village 5th Filing Tract E1Tract G -Vail Village 5th Filing (open space) Town of Vail 75 South Frontage Road Vail, CO 81657 Lots P31J -Vail Village a~' Filing (Parker Park) Vail Resorts, Inc.. P.O. Box 7 Vatl, CO 81658 Lots 1 - 6, Block 5A -Vail Village 5th Filing (303 Gore Creek Drive Vail Townhouse Condominium Association c/o Vail Resort Rentals, Inc. 635 North. Frontage Road- Vail, CO 8165? Lot 7, Block 5A -Vail Village 5th' Filing (303 Gore Greek Drive) Ron and Terry Hughes 30100 Telegraph Road, Suite 220 Bingham Farms, M1 48025 Lot D, Block 2 -Vail Village 15t Filing (356 East Hanson Ranch Road) Christiana LodgelCondominiums 356 East Hanson Ranch Road Vail, CO 81657 • PO' 13ox 3:340 Vail, Caf~rado 81658 970-476-2201 970-476-7491(F) Snowdonllapkins.com MEMORANDUM T©: Planning and Environmental Commission FROM: Department of Community Development DATE: October 24, 2005 SUBJECT: A request far a final review of a conditional use permit, pursuant to Section 12- 6D-3, Conditional Uses, Vail Town Cade, to allow a Type [I Emplayee Hauling Unit, located at 385 Mill Creek CirclefLat 18, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. I;PEC05-0077) Applicant: Michael Gaughan,. represented by Zehren and Associates, Inc. Planner: Warren Campbel'I I. SUMMARY The applicant, Michael Gaughan, represented by Zehren and Associates, Inc., is requesting fnal review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type II Emplayee Housing Unit {EHU), located at 385 Mill Creek CirclelLvt 18, Black 1, Vail Village Filing 1. Based upon Staff s review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval with conditions, of the requested conditional use permit subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Michael Gaughan, represented by Zehren and Associates, Inc., is requesting final review of a conditional use permit, pursuant tv Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type Il Emplayee Housing Unit (EHU), located at 385 Mill Creek Circle. The applicant is proposing to construct a 411 square foot Type II EHU which would be accompanied by a 285 square foot garage in conjunction with a new single-family residence. The total square footage dedicated to the Type II EHU and garage would be 696 square feet. A vicinity map (Attachment A), the applicants request (Attachment B), and architectural plans (Attachment C) have been attached for reference. III. BACKGROUND On September 21, 2005, the Design Review Board conceptually reviewed the plans for a new single-family residence with a Type II EHU. In general the Board was comfortable with the site plan and architecture of the proposed structure. • N. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit and variance applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, ar denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code. Design Review Board: The Design Review Board has na review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andlor Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission andlar Design Review Bvard. 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 lay the Town Code; and a recommendation of approval, approvaC with modifications, ar denial. V. APPLICABLE PLANNING DOCUMENTS Title '12, Zoning Regulations, Vail Town Code ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part) 72-6E-1: PUI?POSE: The residential cluster district is intended to provide sites for single-family, two- family, and multiple-family dwellings at a densify not exceeding six (6~ dwelling units per acre, together with such public facilities as may appropriately foe located in the same disfrlct. The residential cfusfer district is intended to ensure adequate light, air, privacy and open space far each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualifies of the disfrlct by establishing appropriate site development standards. CHAPTER 12-13, EMPLC)1fEE HOUSING: (in part} 72-i3-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high qualify and consistently available work 2 force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critics! role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in susfaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town ~Counci! may pursue additions! Incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited fo, cash vouchers, fee waivers, tax abatement and In- kind services to owners and creators of employee housing units. The Town or the Town`s designee may mainfain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. • 12-13-4: EHU Requirements by Type. ENLI Zoning districts Owunership/ Additions! permitted by rrghf Transference GRFA" or by conditions! use Type I I VI. Conditional Use: Single-family residential Two-family residential Primary/ secondary residential zone districts meeting minimum lot size requirements Agriculture and open space ZUNING ANALYSIS The EHU shall hat be sold or transferred separately from the Wnit it is associated with, She EHU is entitled to an additional 554 sq. fit. GRFA credit. Address: Legal Description: Zoning: Land Use Plan Designation: Current Land Use: Lot Area: Development Standard Setbacks (min}: Front: Sides: Rear: Additions! Site coverage /Reduced Landscape Area nia Garage Creditl Parking Minimumf Density Storage Maximum Requirement GRFA flf an ENtJ Allowed' 300 sq. ft. of additional garage area far the EHU. Per chapter 10 of this title. 340 sq. f#. minimum. 1,200 sq. ft maximum. Allowed as third unit on property. Does not taunt as density.. All units not constructed with a garage shalt be required a minimum 75 sq. ft. of storage area in addition to nomnal closet space. This 75 sq, ft. snail be a credit for storaae onto. 385 Mill Greek Circle Lot 18, Block1, Vail Village Filing 1 PrimarylSecvndary Zane District Low Density Residential single-family residence 0.3919 acre {17,071 square feet) AllowedlReq uired Proaased 20' 21' 15' 17'!16' 15' 34' 3 Building Heigh (max}t: max. 33'130' 33' Density (max}: 2 units + 1 Type II EHU 1 units + 1 Type II EHU GRFA {max): Single-family 6,769 sq.ft. 6,769 sq.ft. EHU 550 sq.ft. 411 sq.ft. Site Coverage {max}: 3,414 sq.ft. {20%} 3,411 sq.ft. {19.9%} Landscape Area: 10,242 sq.ft. {60%) 12,460 sq.ft {72.9%) Parking: Single-family 5 spaces 5 spaces(2 enclosed) EHU 2 spaces 2 spaces{1 enclosed) EHU Storage Area: 75 sq.ft. 0 sq.ft. Vil. SURROUNDING LAND USES AND ZONING . Current Land Uses Zoninct North: Residential PrimaryfSeeandary zone district South: Residentia! Primary/Secondary zone district East: RecreationallS{ci Slope Ski Base Recreation 1 zone district West: Residential .Primary/Secondary zone district. VIIL REVIEW CRITERIA The review criteria far a request of this nature are established by the Tawn Cade. The proposed Type II EHU is located within the Two-Family PrimarylSecondary Residential District. Therefore, this proposal is subtect to the issuance of a conditional use permit in accordance with the provisions of Chapter 1216, Vail Tawn Code. A. Consideration of Factors Reaardinc~ Conditional Use Permits: 1. Relationship and impact of the use on the deveiopment objectives of the Town. When the Town Council adopted the Town of Vail Affordable Housing Study on November 20, 1990, it recognized a need to increase the supply of locals/employee housing units. The Town encourages EHUs as a means of providing quality living conditions and expanding the supply of employee housing for both year-round and seasonal local residents. The proposed unit will haute a positive impact on the Town"s rental housing needs. 2. The effect of the use an light and air, distribu#ion of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that there will be an insignrficant impact from the proposed Type II EHU on light, air, population, transportation, utilities, schools or parks. 4 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and con#rol, access, maneuverability, and removal of snow from the street and parking areas. Two additional vehicles are anticipated in association with this EHU, and the applicant is proposing to accommodate this an#icipated parking demand. Staff believes that this proposal will have an insignificant impact to the above- referenced cri#eria. 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. The EHU will be located within a proposed new single-family residence. Staff believes that the Design Review process will ensure that the proposed EHU will not significantly impact the scale and bulk of this project in relation to surrounding uses, and that the proposed EHU will be consistent with the development standards applicable to this property. 5. The proposed EHU meets the Town's requirements for zoning, ownershipltransference, GRFA, garage credit/storage, and density. a. Zoning districts permitted by right or by conditional use A Type II EHU is a conditional use in the Single-Family Residential, Two Family Residential, Primary/Secondary Residential, and Agriculture ~ Open Space zone districts.. The subject property is zoned Two-Family PrimaryfSecondary Residential. b. Ownership/Transference A Type II EHU sha11 not be sold or #ransferred separately from the unit it is associated with. The appPicant is not proposing to sell or transfer the EHU separately from the primary dwelling unit. c. Additions! GRFA The EHU is entitled to a 550 sq. ft. GRFA deduction. The applicant is proposing to utilize 411 sq. ft. of that deduction. d. Garage Credit/Storaae Requirement A 300 sq.ft. garage area GRFA deduction is allowed for the EHU. If the applicant chooses not to construct a garage far the EHU, then a 75 sq. ft. storage area is required. The applicant is proposing to construct a garage for the EHU. e. Parkins The parking requirements for EHUs are subject to the regulations of Chapter 12-10, Vail Town Code. This EHU is proposed to be 411 sq: ft. in size, therefore two parking space are required. The applicant is proposing to provide one enclosed and one unenclosed parking spaces. 5 f. MinimumlMaximum GRFA of an EHU Type II EHUs are allowed with a minimum of 300 sq. ft. of Gross Residential Floor Area (GRFA} and a maximum of 1,200 sq.ft. of GRFA. The proposed EHU will be 411 sq. ft. in size. g. Density The applicant is proposing to construct asingle-family dwelling unit and one Type li EHU on this site. Pursuan# to Section 12-13-4, Vail Tawn Cade, a Type ll EHU will not count as density and is allowed as a third dwelling unit on a property in the Two-Family Primary/Secondary Residential district. B. The Planning anti Environmental Commission shall make the following fndings - - - before granting a conditional use oermit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Low Density Multi-Family (COME} district. 2. That the proposed location of the use and the conditions under which it will 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. 3. That. the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning regulations. lX, STAFF RECOMM(rNDATIUN The Community Development Department recommends approval with conditions of a request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow a Type II Employee Housing Unit, located at 385 Mill Creek CirclelLot 1$, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Two-Family PrimarylSecondary Residential District. 2. That the proposed location of the use and the conditions under which it will 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. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning regulations. Should the Planning and Environmental Commission choose to approve this condi#inal use permit request, the Community Development Department recommends the following conditions: 6 1. This conditional use permit approval shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit, the applicant shall execute a Type II EHU deed restriction with the Town of Vail Department of Communsty Developrnent to permanently restrict the use. of the EHU for employee housing, X. ATTACHMENTS A. Vicinity Map B. Applicant°s Request C. Architectural Plans D. Public Notice • 7 Z E H R E N Af~Q ASS~7CIATES October 17, 200.5 Planning and Environmental Commission D~ypartment of Cammunity Development 75 South Frontage Road Vail, Colorado $1657 Re: 385 Miil Creek Circle (Lot l8, B]ock 1 j Conditional Use Permit for an Employee Housing Unit To The Planning and Enviromnental Commission Board: I am writing you on behalf of our client, Michael Gaughan, the homeowner of 385 Mill Creek Circle. The zoning of this property on Mill Creek Circle is PrimaryfSecondary, and therefore the EHU is considered a Type 2, Conditions] Use. We are requesting a Conditional Use Permit for this Employee L-Iausing Unit. Currently there is an existing home on the property, which our client would like to have demolished iin January 2006. V4'e are in the. design process for a new residence with the intention of only utilizing; the Primary portion of the PrimarylSecondary zoning allocation. The majority of the surrounding residences are of similar design.. I'he design of EI-IU is incorporated into the overall design of the residence. It wi111ae located on the Maim Level with a separate entrance perpendicular to the main residence entrance. The dedicated garage space is one of the three garage spaces provided. The square footage of the proposed Employee Dousing Unit is a total of 411 square feet and the dedicated garage space is 285 square feet. If you have any questions or concerns please feel free to contact me. • Sincerely, Cathcrine Ashton, LEED AP Project Manager Attachment. B A~c~n-~ECruaE • i}i~rr~hi~c, ~ inT[r~c~~.s P.~7. f3t~x l~I~f, • Avon, Cnloradr> B7 G2[? • t9?Ui 949-023:" ~ FAX f9iC7} 949-1680 • vailCszeh~-en.com • w~~tiwv.zehTen.coni "'~ os~a"N N3~JH3Z~ ~ ~~~,~~~A ~ ~ ~ ~~~ 3~~~ais3~ NeH~n~+~ ~~.~ o ~ I ~ i ~ _ ~_~ ~~ . I ~I '~ p ; i ~ ~ 1r ' i ~ = i i ~ ~ ~~ f 9~ ~ j e 1 5~ ~ i 1 ~~ I 1 ! ~ ! 1 ~ 1 ~, z•, -~~ ~ _ E~ ~ ~~ ~~ ~°I ii! 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I f 1 I i I I 1 I e I I 1 I I ~ ~ I~ i 4 I I I I ~ I 1 1 ~ I I I 1 + 1 ~ I ! ~ II ,, 1 I 1 I I I I I 1 , i 7 1 I l ~ 3 j ' f ' I I ~~ 1 1 1 I + If i 'I 1 ~ I I I ~ ~ I I I I ~ ~ ;~ I 1 1 I I 1 i I I I . 1 ~ I k I w f++ TOWN ~~ Y~IL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on October Z4, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Tawn 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, (a more complete description of the request is available for review at the Community Qevelopment Department} for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede A request for a final recommendation to the Vail Town Council, pursuant to Section 12- 78-20, of an amendment to the Vail Village Urban Design Guide Plan, to allow for changes to the Architectural/Landscape considerations for building colors, Vail Town Code, and setting forth details in regard thereto. Applicant: Vail Chamber Business Association, represented by Kaye Ferry Planner: Elisabeth Eckel A request for a final review of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to construct three bay windows, located at 302 Hanson Ranch Road, Units 201 and 202. Mill Creek Court Building/Lot I, Black 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Gail Ellis, represented by Snowdon and Hopkins Architects PC Planner: -Matt Gennett A request far a final review of a conditional use permit, pursuant to Section 12-fiD-3, ~~~rj Conditional uses, Vail Town Code, to allow a Type II Employee Housing Unit, located at `,~ 4~~~ 385 Mill Greek Circlell_ot 18, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Michael Gaughan., represented by Zehren and Associates, Inc. Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development department, 75 South Frontage Road. The public is invited to attend 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 notifcatian. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published October 7, 2005, in the Vail Daily. Page 1 Attachment: D AI3JACENT PROPERTY OWNERS KNOBEL, PETER B. & PATRICE J. Mailing Address: 392 Mill Creek Cir Vail, CO 81657-5168 Legal description: SUB:V.AIL VILLAGE FILING 1 BLK:1 LOT:B BK-0219 PG-0938 QCD 03-Oi-71 BK-0220 PG-0434 QCD 04-27-71 R6961721rAS OS-T7-99 Parcel Number: 2 ] 0 ] 08249005 Physical Address: 392 Mill Creels Girele Vail, CO 81657-5168 1VIARSICO, THOIV F. & CYDNEY R. Mailing Address: 1.200 17th St 1300 Denver, CO 80202 Legal Description: SUB:VAIL VILLAGE FILING 1 IiLK:I LOT:9 BK-0251 PG-0203 WD 12-25-76 Parcel Nuxx3ber: 210108249006 Physical Address: 362 Mill Creek Circle Vail, CO 81657 W. GRANT WILLIAMS, II Mailiixg Address; 3145 Polo Dr Gulf 5trearn, FL 33483 Legal Description: SUB:VAIL VILLAGE FILING 1 BLK:I LOT:7E R681503 MAP 12-28-98 R681504 DEC 12-2$-9$ R683329 DECO 1-12-99 R682114 WD 12-17-48 Parcel Number; 2101082490I0 Physical Address: 302 Mill Creek Circle Vail, CO 81657 SIViE.4D, H. J. & ANN BECHER Mailing Address: 395 Mill Creek Cir Vail, CO 81657 Legal Description: SUB:VAIL VILLAGE FILING 1 BLK:1 LOT:19 BK-0291 PG-0176 WD 06-26-79 BK-0476 PG-0167 PTD 12-28-87 BK-0527 PG-0049 SWD 04-16-90 BK-0640 PG-0605 QCD OS-09-94 Parcel Nurnber: 210108250001 Physical Address: 395 Mill Creek Circle Vail, CO 81657 ELIZABETH R05S JOHl~'SON RE~'QCABLE TRtJST C/~ TAG ASS(7CIATES LTD Mailing Address: 75 Rockefeller Plaza Ste 900 New York, NY 10019 Legal Description: SUB:VAIL VILLAGE FILIiVG 1 BLK:1 LOT:17 BK-0166 PG-4585 R670194 WD 08-26-98 Parcel Number: 2 ] 0108250003 Physical Address: 375 Mill Creek Circle Vail, CO 81657 valL caxP Mailing Address: PO Box 7 Vail, CO 81658 Legal Description: SLTB:VAIL VILLAGE FILING 7 DESC: PARCEL 1 GOLDEN PEAK SKIBAS)1 & SLJB:VAIL VILLAGE FILING 7 DESC: RECREA'T'IOI~i DISTRICT BK-0243 PG-0810 BK-0252 PG-05$1 BK-0263 PG-0'305 BK-4282 PG-0902 BK-0295 PG-0904 BK-0455 PG-0933 BK-0455 PG-0934 12-20-$3 BK-0625 PG-0653 BSD 11-22-93 BK-4735 PG-0013 BSD 48-47-97 BK-0737 PG-0493 MAP 09-17-97 8666012 BSD 08-10-98 8770974 EAS 10-29-01 Parcel Number: 214108149005 Physical Address: 000460 Vail Valley Tar Fail, CO 81657 • MEMORANDUM TQ: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 2005 SUBJECT: A request for a final review of~ a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for the development of 107 multi- family residential dwelling units, located at 7'28 West Lionshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC 05-0062 and PEC 05-0063). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell I. SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: • The proposed structure in terms of bulk, mass, height, and operation. + The criteria by which the applicant is requesting flexibility regarding the area of flat roof on the structure grad the proposed the architectural mechanics! screening solution. 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 fhe applicant request that the Planning and Environmental Commission tables the applicant's request to the November 14, 2005, hearing, It is anticipated that. the applicant will request a final approval at the November 14, 2005, Planning and Environmental Commission hearing. II. DESCRIPTION OF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. After the presentatian the Planning and Environments! Commission will be asked to provide additional feedback regarding the revisions to the proposal. 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 i~n size and is location of the proposed Ritz-Carlton Residences project. A vicinity map identifying the location of the development site has been attached for reference (Attachment A}. A reduced set of revisions are attached for reference (Attachment S}. 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 107 multiple- familydwelling unit structure; and A conditional use nemnit application for "cadge rooms ar dwelling units" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include: • A 107 multiple-family dwelling unit condominium structure; • A total of 212,695 square feet of Gross Residential F'loar Area (GRFA); • A 388 space below grade parking structure to serve as parking for the Marriott Hote! and the Ritz-Carlton Residences; • A landmark feature which is 120 feet in height; • A loading and delivery facility comprised of three bays; • A lobbyliounge area with a front desk, concierge, and valet; and • A media room, game room,. and poolihot tub deck. III. BACKGROUhID The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Greek Residences, and the West Day Lot. Marriott Hotel History Parcel 1 of the West Day Suhdivison} 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 Ordinance 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 Lianshead Mixed Use 1 and SDD IVo. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting roams, a restaurant, and other hotel amenities. 2 West Day L©t Mistory (Parcel 2 of the West []ay Subdivision} The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parce6 to Lionshead Mixed Use 1 in 1999, the property was zoned. Parking District. On August 22, 2005, the Planning and Enviranrnental Commission held an initial hearing on the Ritz-Carlton Residences. At that hearing Staff proved the Commission with parameters by which the project would be reviewed. At this hearing the Commission requested to see how the parcels recently acquired by Vail Associates and the potential of relocating the Frontage Road would affect this property. In addition the Commission asked for a response as to why a conditional use permit was appropriate to be granted for condominiums on the ground floor next to a potential future lift and within an overall greater portal to the mountain being created in western Lionshead. On September 12, 2005, the Planning and environmental Commission expressed that there were no concerns with the Conditional Use Permit that was being request far dwelling units on the frst floor or garden level. The Commission continued by expressing concern regarding the height of the landmark fewer. The general consensus was that a height of 140 feet. was inappropriate. In addition, the Commission stated that the height of the screening element for the mechanicals had not been justified in the presentation and other options should be examined, The Commission was not comfortable with approving the height of the screening element over the maximum height of 82.5 feet. Finally the Commission expressed that they would like greater information regarding the flat roof maximum area requirement found in the Lionshead Redevelopment Master Plan. Several members expressed a need for the western elevation along the Frontage Road to have step Sacks incorporated into the architecture. On September 26, 200x, The Planning and Environmental Commission generally expressed that of the three OptionslAlternatives presented that that OptionlAlternative Bwas preferable to OptionlAlternative C. The Commissioners generally felt that while OptionfAlternative Bincorporated the mechanical screening solution which exceeds the maximum height, it does not result in additional head height in the top floor units as in Option/Alternative C. Some concerned was expressed about haw mechanical screening which exceeds the maximum height could be limited and controlled so as not to be abused on future projects. One thought expressed was to have more specific language in the Master Plan to address screening of mechanical units. Some members believed that enough regulations, or safeguards, were in place to insure that mechanical screening abuse would not occur on other projects as they would need to pass PEC and DRB review. Far instance, the applicant was directed to provide a sample of the mechanical screening material, look at incorporating roof-top terraces, and examine the possibility of creating a more "cascading roof effect" on the southeast elevation. 3 On October 10, 2DD5, the Planning and Environmental Gommission gave direction to the applicant regarding the proposed architectural deviations. The Commission in general felt the proposed landmark tower was still too tali at 120 feet and that there were concerns with the height of the architectural screening solution for the mechanicals. The Commission was relatively comfortable with the fiat roof area of the building, however, they directed staff to call Jack Zehren, of Zehren and Associates, one of the individuals who participated in the writing of -the Lionshead Redevelopment master Plan. On October 19, 2005, staff spoke directly with Jack Zehren regarding the intent of Section 8.4.2.7, Roofs, and what the design goallintent was of limiting flat roofed portions of buildings to 50D square feet. Through conversation it was learned that a draft prier to the approved Master Plan identified a maximum of 250 square feet for flat roofs. Fle continued by stating that the number of 500 square feet was arbitrary and that the goal/intent was to allow for larger buildings which have complex roof systems to utilize the flat roofed areas as "transitions" between the complicated systems. He stated that it was the understood during the drafting of the Master Plan that some structures would have multiple flat roofed areas located on larger buildings which might total mere that 500 square feet. He conclude by stating that the writers of the Master Plan realized that same flat roofed areas may exceed 5D0 square feet, however, if those flat roofed areas did not disrupt the overall roof system and architecture they could be approved per the following statement from the Master Plan: Secondary roof forms which occur at logical breaks in 1~uiiding massing may exceed 500 square feel if the general intent c-f fragmented forms and visual harmony is met. Gore Creek Residences History (Parcel 3 of the West Day SubdiWision): On lgovember 24, 2003, the Planning and Environmental Gommission approved text amendments to Section 12-7H-5, Gondi#onal Uses; Generally ion 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 Gode, to provide criteria to which asingle-family and two-family residential dwelling proposal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 36, Series of 2003, on December 16, 2003. On June 28, 2004, the Planning and Environmental Gommission 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 1 fi dwell%ng units. On Qecember 13, 2004, the Planning and Environmental Gommission approved a minor subdivision establishing the West Day Subdivision 4 4Attachment D) which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek 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 following:. "For the purposes of zoning, Lots 1, 2, and 3, created by fhis subdivision are to be treated as one development site. Development sfandards shat! be based upon the improvements and land area or` the combined area of Lofs 1, 2, and 3. " As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each pf the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, was entitled, "West Day LotlMarriott HotellGore Creek Place Approved Development RianlDevelopment Allocations°', and dated December 8, 2004. IV. R©LES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company, A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and ,Environmenfa! Commission: Action: The Planning and Environmental Commission is responsible far final appravalldenial of a MajorlMinor 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 Revievyr Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff.• The staff is responsible for ensuring that aN 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 5 the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: 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 ar not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. B. Conditional Use Permit fCUP] Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Gommission for acceptability of use and then by the Design Review Board far compliance of proposed buildings and site planning. Planning and Environmenfal Commission: Action: The Planning and Environments! Commission is responsible for final approval denial of CUP. The Planning and Environmental Gommission shall review the request for 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 Board 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 on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, ar denial. Staff also facilitates the review process, lawn Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council ar by the Town Council. Town Gauncil evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 6 V. APPLICABLE PLANNING DOCUMENTS The fallowing checklist was created to provide a means of evaluating the Ritz- - Carlton Residences proposal far compliance with the Lionshead Redevelopment Master Plan. The checklist is intended far the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan tv locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelo~ament Master 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 Stronger Economic Base Through Increased Live Beds ^ 2.3.4 Improved Access and Circulation a 2.3,6 Improved Infrastructure a 2.3.6 Creative Financing far 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 - ResidentiallMixed-Use Hub ^ 4.3 Connections to the Natural Environment ^ 4.3.1 Visual Connections ^ 4.3.1.2 North-South Orientation of Buildings ^ 4.6 Vehicular and Pedestrian Circulation ^ 4.6.4 Modifications to West Lionshead Circle and Lionshead Place ^ 4.6.4.1 East Intersection of W. Lionshead Circle and South Frontage Road ^ 4.6.4.2 Intersection of Lionshead Place and West Lionshead 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 l]irect Service Access ^ 4.8 Parking 7 ^ 4.8..1 Potential Disp6acement 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 Housing Opportunities ^ 4.1 {} Gateway, Landmarks, and Portals ^ 4.10.2 Landmarks ^ 4.11 Public Art Chapter 5, Detailed Plan Recommendations ^ 5.13 The Marriott ^ 5.13.1 Redevelopment or Development of the Parking Structure ^ 5.17 West Day Lot/ Uail Associates Service Yard) Holy Cross Site Chapter 6, Site Design Guidelines ^ 6.4 Secondary Pedestrian Walk ^ G,6 Pedestrian Path '~ Chapter 8, Architectural Design Guidelines ^ 5.1 Vision Statement ^ 8.2 Organization, Purpose and Scope ^ 8.4.2 Architecture ^ 8.4.2.11ntroduction ^ 8.4.2.2 Building Farm and Massing ^ 8.4.2.3 Building Height ^ 5.4.2.4 Exterior Walls ^ 8.4.2.7 Roofs Resolution 1 R, Series pf ,,?f}f14: A, ReSn,Jutan Amendina Certain Sections Of The Lionshead Rerlevelnnment Master Plan Clarifying And Affordino ALL Tvoes Of Development Proi~rts. "New And RedP_ vPlOpment". Fle_ xibility In The Aonlication Of The Architectural f~P~inn G~aidelinQS. As Prescrihed In Cha[~ter 8 Ofi The Lionshead Redevelaoment Master Plan. -And .Bettina Forth Details In Renard Thereto. $.3.3.A Review Criteria far Deviatians to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the furtherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of the improvements proposed. For example, a development . application that proposes the construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed ,4rchitectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines should be granted: Lt shall be the burden of the applicant to demonstrate fo the satisfaction of the Town of Vail Planning .& Environmental Commission following a recommendation from the Design Review Board that.- • The request far design deviations are in compliance with the purposes of the zone district; and • The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and • The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and • The proposal substantially complies with other applicable elements of the Yail comprehensive plan; and • The design deviation meets or exceeds the Intent of the speck design standards as prescribed in Section 8.4; and, • A public benefit is achieved as a result of the design deviation; and, • The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Zoning F~eaula~ons Lionshead AAixed Use -1 Zane district {in part) 92-TH-1: PURPQSE.~ 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 7 zone 9 district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate fight, ar'r, open space and ether amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards. This District is meanf to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives far properties to redevelop. The ultimate goat of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over fhe 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 redevelopment projects. With any developmenUredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated. streetscape improvements, pedestrian/bicycle access, public pleas redevelopment, public art, roadway improvements, and similar improvements. 92-7H-2; PERMITTED AND CONDITlQNAL USES; BASEMENT QR 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 r'nstitutions. 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 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting roams. Liquor stores. Lodges and accommodation units. Major arcade. 10 Multiple-family residential dwelling units, time-share units, fractions! fee clubs, lodge dwelling units, and employee housr`ng units (Type ll! (EHU) as provided in Chapter 13 of this 7ifle~. Radio, TV sfores, and repair shops. Theaters. 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-`'H-3: PERMITTEfl AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Dellnition: The "first floor" or "sfreet level" shall be defined as that floor of the building that is located at grade or street level along a pedesfrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing; ski school, skier servr'ces, and daycare. Travel agencies. Additions! uses determined to be similar to permitted uses described in this subsection, in accordance with the previsions of Section 12-3- 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 Chapfer 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. M~rltiple-family residential dwelling units, rime-share unifs, fractional fee clubs, lodge dwelling units, and employee housing units (Type fII (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 i2-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permifted on thane floors above the flrsf floor within a structure: Lodges and accommodation units. 11 Multiple-family residenfial dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee hauling units (Type Ill (EHU~ as provided in Chapter l3 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Secfian 12-3- 4 of this Title. 12-7H-6: ACCESSORY USES: The following accessary uses shall be permitted in fhe Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupafion permit in accordance with the provisions of Section 92-74-72 of this Title. Loading and delivery and parking facilities customarily incidental and accessary to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilifies customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operafed in conjunction with permitted eating and drinking establishments. Swimming pools, tennr's courts, patios or other recreation facilifies custamarily incidental to permitted residential or lodge uses. Other uses custamarily incidental and accessory to permitted or conditional uses, and necessary for fhe operation thereof. • ?2-7H-8: C~MPLIAIVCE BURDEN: It shall be the burden of the applicant fo prove by a preponderance of fhe evidence before the Planning and Environmental Commission and the Design Review Board that fhe proposed exterior alteration or new development is in compliance wifh fhe purposes of fhe Lionshead Mixed Use 7 zone district, fhaf fhe proposal is consistent with applicable elements of fhe Lionshead Redevelopment Master Plan and fhaf fhe proposal does not otherwise have a significant negative effect an fhe characfer of fhe neighborhood, and fhaf fhe proposal substantially complies with other applicable elements of fhe Vail comprehensive plan. 12-7H-1 S: MITIGATION OF DEVELOPMENT IMPACTS: Property ownersldevelopers shall else be responsible far mitigating direct impacts of their development an public infrastructure and in all cases mitigation shall bear a reasonable relafion to the development impacts. Impacts may be determined based on reports prepared by qualil=red consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by fhe planning and environmental commission in review of development projecfs and conditional use permits. Mitigation of impacts may include, buf is not limited fo, the fallowing: roadway improvements, pedesfrian walkway improvements, sfreefscape improvements, stream tracf/bank improvements, public arf improvements, and similar improvements. The intent of this section is fo only require mitigafion far large scale redevelopment/develapment projects which produce substantial off site impacts. 12 Vi. ZONING ANALYSIS AddresslLegaf ^escription: Parcel Size: Zoning: Land Use Designation: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Lots 1, 2, 3, West Day Subdivision 6.82 acre (297,185 sq. ft.} Lionshead Mixed Use 1 Resort Accommodations and Services The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Greek Place Residences, and the proposed Ritz-Carlton Residences. As was stated previously in the memorandum these three parcels are tied together and treated as one large development site by the recorded plat. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of the Approved Development Plan far the three parcels included within the West Day Lot Development Site. Development Standard Allowed Existing F'rooosed Land Uses: Lot 1 -~ Marriot Hotel Lot 2 -West ^ay Lat and Marriott Hotel Parking Structure Lot 3 -Gore Creek Residences Lot Area: 10,000 sq. ft. 297,165 sq. ft. 297,165 sq, ft, Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: 10 ft. 71 ft. avg. 82.5 ft. max 238 DUs {35fac.} Unlimited AUs 742,912 sq. ft: 208,015 sq. ft. {70%) 59,433 sq. ft. (20%) 156 {1.41DU) 276 {0.71AU} 10 ft. 70 ft. avg. 80.5 ft. max 51 DU (7.51ac.} 276 AU 213,239 sq. ft. 148,076 sq. ft. {49.8%) 139,713 sq. ft. {41 %) 412 spaces 10 ft. 67.9 ft. avg. 82.5 ft. max 158 DU {23.11ac. ) 276 AU 428,934 sq. ft. 203,234 sq. ft. (68.4%} 119,7725q. ft. (40.3%°} 498 spaces The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. Address/Legal Description: 728 West Lionshead Gircle/Lot 2 West Day Subdivision Parcel Size: 2.399 acre {104,500 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services 13 Develooment Standard Allowed Existing Proposed Land Uses: Lot 2 -West Day Lot and Marriott Hotel Parking Structure Lot Area: 10,000 sq. ft. 104,500 sq. ft, 104,500 sq, ft. vn. 'VIII. Setbacks All Sides: 10 ft. NA 10 ft. Building Height: 71 ft. avg. NA 66.4 ft: avg. 82.5 ft. max 82.5 ft. max Density: 83 DUs {351ac.) NA 107 DU {44.6lac.} Unlimited AUs GRFA: 261,250 sq. ft. NA 212,695 sq. ft. Site Coverage: 73,160 sq. ft. NA 77,760 sq. ft. (70%} (74.4%} Landscape Area: 20,900 sq. ft. {20°Jo} NA 25,060sq. ft. (23.9%) Parking: 145.6 {1.4/DU} NA 388 spaces* Of the parking proposed to be provided 146 spaces will serve the Ritz-Carlton Residences, 237 will serve as replacement spaces fort he Marriott Hotel to replace the • structure, and 5 are surplus. SURROUNDING LAND ~JSE,S AND ZONING Land Use Zonino North: Residential Lionshead Mixed Use 1 District South: Upen Space Natural Area Preservation District East: Residential Lionshead Mixed Use 1 District West: Public Utility General Use District MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for 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 for compliance with the following criteria: 1, 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 iPlan; 3, That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, l4 4. That the proposal substantially camplies~with other applicable elements of the Vaii Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the falbwing finding as part of the motion: "Pursuant to Section 92-7N-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board fhat the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 9 zone district; that the proposa! is consistent with applicable elements of the Lionshead Redevelopment Master Plan and fhaf the proposal does not otherwise have a significant negative effect on fhe character of fhe neighborhood, and fhaf the proposal substanfr'aJly complies with other applicable elements of the Vai! Comprehensive Plan. " IX. CONDITIONAL USE PERMIT REVIEW CRITERIA As previously discussed in Section II of this memorandum, the applicant is requesting approval 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, to construct dwelling units within the Garden Level and on 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 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lonshead Mixed Use 1 ~LMU-1) zone district. According to Section 12-16-6, Vaii Tawn Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, 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: 15 That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated ar maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. X. RESQLUTION 18. SERIES ©F 2004. REVIEW CRITERIA The appiicant is requesting two architectural design deviations which. are permitted flexibility under the Lionshead Redevelopment Master Plan and are subject to review by the Planning and. Environmental Commission under a set of criteria. If certain findings can be made by the Planning and Environmental Commission, upon receipt of a recommendation by the Design Review Board, flexibility can be granted. Staff has attached Resolution 18, Series of 2004, far the Commissions review (Attachment C). The two architectural design features the appiicant is requesting flexibility from are: 1. The Master Pian limitation on a maximum of 50D sq_ ft. of flat roofed areas; and 2. The Master Plan requirements for screening of mechanical equipment by proposing a screening feature which exceeds the 82.5 foot height limitation. Staff will not address the specific criteria at this time regarding the two architectural design elements the applicant is requesting to deviate from in the Lionshead Redevelapment Master Plan. The applicant has provided responses to the Criteria found in Resolution 18, Series of 2004, which are attached for the Commission's review Attachment D). Staff's initial analysis of the two architectural design deviations are as follows: 1. Flat Roofed Area of the Structure: The Lionshead Redevelopment Master Plan identifies a maximum area of 500 square feet for flat roofed porkians of a structure. Staff believes that the intent of this provision is to limit buildings to minimal flat roofed areas so as to encourage true sloping roof forms. Staff believes that the limitation of 500 square feet per area for a structure located on a site encompassing 2.399 acres may be unreasonable. The proposed structure has a total roof area of approximately 59,441 square feet and the proposed #lat roofed portion of the structure is proposed to be approximately 5,442 square feet or 9.2 percent of the fatal area. This is a reduction from the previously proposed roof design which contained approximately 9,100 square feet of flat roofed area or 15.3 percent. lb The current roof plan now incorporates 7 ,862 square feet of roof-top terrace. The applicant has proposed a roof design in which they believe the flat portion is secondary to the sloped roofed areas. Through the use of sloped mansard roof farms the applicant has attempted to reduce the visibility of the flat roofed portions of the structure from many perspectives. The flat roofed areas will not be visible from a pedestrian perspective nor from the surround properties as the height of the building is above a majority of the neighboring structures. The flat roofed areas will, however, be visible from the ski mountain.. 2. Mechanical Screening Solution: The applicant has proposed a solution to screen several large cooling towers and condensers on the main ridge of the structure located above the port-cochere. The applicant has proposed to place a screening solution over the mechanicals which would continue the roof line of the main ridge up to a height which ranges from 85,3 feet (3.3% over maximum allowable height) on the north elevation of the building to 89.8 feet (8.8% over maximum allowable height} on the south elevation of the building. The proposed solution exceeds the 82.5 feet maximum identified in the Master Plan. The Master Plans identifies that mechanicals should be placed on roof tops and painted so as to blend into the roof color materials. The proposed structure has placed the large mechanical pieces in a well on the -roof, which has a finished floor elevation less than 82.5 feet, and placed the screening element on top. The screening element is proposed to be an element which would be an architectural element which is custom created from metal and would be primarily open. It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: The request for design deviations are in compliance with the purposes of the zone district; and 2. The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. The proposal. which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 17 6. A public benefit is achieved as a result of the design deviation; and, 7. The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a flexibility under the recommendations of the Lionshead Redevelopment Master Plan: 1. That the request for design deviations are in compliance with. the purposes of the zone district; and 2. That the proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plarr and 3. That the proposal which includes the design deviations does not 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; and 5. That the design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, 6. That a public beneft is achieved as a result of the design deviation; and, 7. That the design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. XI. NEXT STEPS The following is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC} and the Design Review Board (DRl3) will be asked to review, comment, and take action on the proposed Ritz-Carlton Residences: DRB November 2, 2005: Applicant and Staff respond to previous DRB comments. A recommendation will be requested regarding the proposed architectural deviations. DRB November 14, 2005: Request for final review and approval of the project if all comments and concerns have been addressed. 18 XII, STAFF RECOMMENDATION Staff and the applicant would reques# that the Planning and Environmental Commission tables the applicant°s request to the November 14, 2005,. hearing. Xlll. ATTACHMENTS Attachment A: Vicinity Map Atachment B: Reduced copy of the proposed revisions Attachment C: Resolution 18, Series of 2004 Attachment D: Response to the Criteria found in Resolution 18, Series of 2004, provided by the applicant • ~~ ~ r.~ S f ~ fit' ~ ~T ~' 3~. 4' T Attachment: A ~~`;4~.~.~ ~~ ~ tt y, ~l~ s RESOLUTION NO. 18 Series of 2t104 A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN CLARIFYING AND AFFORDING ALL TYPES OF DEVELOPMENT PROJECTS, "IVEWAIVD REDE'VELOPMEN'T", FLEXIBILITY IN THE APPLICATION OF THE ARCHITECTURAL DESIGN GUIDELINES, AS PRESCRIBED IN CHAPTER 8 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERET©. WHEREAS, on December 15, 1998, the Vail Town Council +ithe Town Council„} adapted the Lionshead Redevelopment Master Plan {the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lonshead Study Area; and WHEREAS, Section 2.8 of Master Pian outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 28 of the Master Plan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vail Planning ~ Environmental Commission has held a public hearing on the proposed amendment an July 26, 2004, and has forwarded a recommendation of approval of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the implementation policies prescribed in the Master Plan to clarify and afford all types of development, "new and redevelopment, flexibility in the application of the Architectural Design Guidelines (the "Guidelines"), as prescribed in Chapter 8, Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council finds that from time to time it may be desirable to afford flexibility in strict application of the Guidelines to new development projects; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. • Attachment: C NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL O1F THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lianshead Redevelopment Master Plan as follows: The amendments to the text of the l_ianshead Redevelopment Master Plan are indicated in BOLD ITALICS ~additians}and crn,r~cruAnr rr~rr ~ (deletions}. CxAFT'ER S Architectural Design Guidelines 8.1 Vision Statement The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and exciting community within. one of the premier resorts in the world. Lionshead's mountain location, proximity to the ski slopes, and ample residential base evokes the vision of a truly special place, full of vitality and interest. This vision can be achieved through redevelopment of the community by addressing site and architectural issues, and through consistent and effective transitions from existing to new buildings. The pedestrian experience of the public spaces within Lianshead is the most critical issue for redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid org~n»ation and lack of anirnatian and architectural coherency within the spaces. One of the most effective ways to intensify this experience is through careful design of the architecture which defines the public spaces. Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artwork; and color can reflect individuality and establish a variety of experience. The architecture of Lionshead is envisioned as a unified composition of buildings and public spaces based on the timeless design principles of form, scale, and order, made responsive to their setting and environment. It is not envisioned as a strict dictation of a specific "style" or "theme." Many existing buildings within the co~.,,u,anity are built of monolithic concrete slabs and lack any sense of order ar personality. The new image for Lionshead should move towards the future---using historical alpine references and Vail Village as antecedents. This design framework will allow individual property owners freedom of expression within the personalities of their buildings while establishing and maintaining an overall unifying character and image for the entire community. In addition, it is paramount that the redevelopment effort address specific design considerations generated by the location, climate, and surrounding environment, such as addressing views, using indigenous building materials, and reflecting the alpine heritage. 2 Designing in response is our regional heritage, adhering to a consistent architectural order, and enhancing the public experience will enable Lionshead to define its own identity---making it a distinct and special place not. just within the context of Vail, but within kindred mountain communities around the world. • $.2 Organ~.zatian, Purpose and Scope The organization of the Lionshead Architectural Design Guidelines is based upon describing. the "big picture" of the redevelopment effort first, and then studying the more detailed aspects. Sections 8.1 and 8.2 begin with the "big picture" and offer the "vision" for Lionshead, and provide explanatory information regarding organization, purpose; and scope. Section 8.3 contains special provisions far new and existing structures, including redevelopment priorities, triggers, and transition tools. This Section addresses haw flexibility in the application of the Guidelines should be applied to development applications under consideration by the Town's Boards and Commissions. Section 8.4 contains the Guidelines Themselves, but begins first with the "big picture" of planning considerations which may overlap with the Lionshead Master Plan. Prospective developers and/or designers should study this portion of Section 8.4 carefully, to see what design criteria must be met if their project occupies a special site relative to building roles, pedestrian streets, or transition spaces. The !•'i~ ~-!: 7'Jar' inrra,~e n(l.rrtrts/rearcl slrGrtrlrf c•arurr6erle trr ir.c "secrsr~ ©~{~lxtr:~c. •. latter portion of Section 8.4 deals with the architectural principles of the Design Guidelines, starting first with overall issues such as building farm and massing, then moving into more detailed issues such as dimensional criteria for architectural cornpanents, materials, and colors. Section 8.5 provides a "quick glimpse" of the quantitative values outlined in the Guidelines. T}ae purpose of the Lionshead Architectural Design Guidelines (A1=lG) is to worlc in concert with the Lionshead Master Plan to enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony, and improve property values for businesses and homeowners. This document constitutes a design philosophy for the community, which when integrated with the Lionshead Master Plan, helps to establish Lionshead as a coherent, dynamic village with a true "sense of place.'" These Guidelines are intended to direct the growth of the community through distinct levels of perception, from views of the neighborhood from the mountain and the highway, to perceptions within its pedestrian streets, to the detail level of artistry and ornamentation an the structures themselves. • The scope of the Design Guidelines includes all criteria related to the architectural design of new and redevelopment ~ projects within Lionshead, along with. site and planning criteria which relate directly to architecture. Other site and planning criteria maybe found in the Lionshead Master Plan, and should be reviewed concurrently with these Guidelines. Structures which have been reviewed and approved by regulatory agencies far Lionshead prior to the endorsement date of this document may present special d Fi~,~ ~-~: Yr~rtrr~s r~rler: j?i'e.~er7f nc~ Just rvn<rs;~rn' r~Jtlts~ cor»mtirzits' ro ~icrr~c>slr~icxrrs. circumstances with respect to the criteria cited. within these Guidelines, and will be handled per Section $.3. 8.3 New and Existing Structures 8,3.1 Special Provisions While these Guidelines offer a raadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and/or designers involved with new and existing structures. Tt is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the community may not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described herein. Similar to existing structures, it is also understood that from time to time the T'awn may determine that it is desirable to afford flexibility in strict application of the Guidelines to new development projects In these instances, the reviewing body shall rely upon the stated review criteria far deviations to the Architectural Design Guidelines nutlined in sub- section 8.3.3.A contained herein. Proposed renovations or additions which meet the general intent of the ADG will be offered. more lati~.tde with respect to specific non-compliant items than those which stray from the overall vision of Lionshead as described within--variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these Guidelines is not meant to discourage potential improvements. 8.3.2 >L}evelopment Master Plans Since many of the structures within Lionshead are pre-existing, Development Master Plans are highly encouraged to define long-range goals for buildings within individual parcels. These Plans should be presented to the Design Review Board (DRB) for review when applying for initial building design approval, and should include information such as: Qverali architectural "vision" for all buildings within the site 5 • Design strategies for maintaining consistent architectural language between renovations and new construction within the site • Proposed phasing plans 8.3.3 Redevelopment Prioritization and "Triggers" _ Consistent with Section 8.3.1 above, existing properties are encouraged to renovate and rehabilitate, to the greatest extent passible, the exterior of their buildings according to the parameters of the ADG. It is recognized, however, that a single, complete, and comprehensive exterior renovation may not be economically possible for all existing structures, and incremental improvements must be allowed. Having said this, the following potential exterior improvements should be considered as priorities by both private property owners and the Town of Vail. All reasonable efforts to encourage, provide incentives, and facilitate these improvements should be made. • Renewed and expanded retail frontage. For properties fronting the Lanshead retail mail and retail pedestrian streets, the renovation and expansion of the ground floor retail level is perhaps the most critical element in revitalizing the Lionshead retail core. • Roofs. As outlined in the ADG, the roofscape of Lionshead is a critical component in "knitting" together the built envirv~,~..ent and providing visual cohesion to the urban fabric of Lionshead, • Planning considerations. All buildings in Lionshead, both existing and new development, should seek to fulfill the roles of landmarks, portals, turning paints, and other roles as outlined in the Master Plan. • Form, massing and height criteria. • Building surface treatment- walls, doors, windows, signage, etc. • All other components of the architectural design guidelines. A critical question regarding the renovation of existing structures is when compliance with the architectural design guidelines is "triggered" or required. Regarding this, the fallowing guidelines should be considered: To the greatest extent possible, renovating properties should endeavor to make significant and meaningful improvements to their properties as opposed to small, insignificant improvements. This does not discount the importance of any improvement to a properties exterior. • Any single incremental improvement to one building element will not necessarily trigger compliance on all remaining building 6 elernezats. However, any portion of the building being improved should do so according to the parameters of the architectural design guidelines. For example, if a property applies to resurface the walls of their building, this resurfacing should be done according to the ADG, but will not in and of itself also require the replacement of the roof, ar another major modification, at the same time. • Any proposal to add significant v©lume or mass to a property may trigger full use :~'~'.: compliance to the Master Plan and Architectural Design Guidelines. Deviations from this requirement shall require demonstration of compliance with the procedures and review criteria outlined in Subsection $.3.3.A herein. 8.3,3.A Review Criteria far Deviations to the Architecturad Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where f lexibility in requiring strict compliance with the Guidelines f©r new development maybe in the best interest of the community and the furtherance ojthe goals and objectives stated in the Lionshead Redevelopment lalaster flan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of the improvements proposed. For example, a development application that proposes the construction of a new structure which includes the demolition of an existing structure ar adds signif cant volume or mass to a property, shall mare fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vaid Planning & Environmental Commission and Design Review Board to determine if deviations to the Guidelines should be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Envir©nmental Commission following a recommendation from the Design Review Board that: • The request for design deviations are in compliance with the purposes of the bane district, and 7 • The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and • The proposal which includes the design deviations does not have a signifcant negative effect on the character of the neighborhood; and • The proposal substantially complies with other applicable elements of the mail comprehensive plan; and • The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section $.4; and, • A public benefit is achieved as a result of the design deviation; and, • The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8 2 of the Lionshead Redevelopment Master Plan. 2. if any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution,. and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or snore parts, sections, subsections, clauses or phrases be declared invalid. 3. The Taws Council hereby finds, determines and declares that this Resolution is necessary and proper fior the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. Bylaws, orders, resolutions and ordinances, ar parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shalt not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 8 • INTRODUCED, READ, APPROVED AND ADOPTED this 3`d day of August, 2DD4. Rodney Slifer, Mayor, Tawn of Vail ATTEST: Lorelei Donaldson, Town Clerk • 9 10/2012005 02:21 970-92b-7576 BRAUN ASSOCIATES ~,~, ~' n55C?t:.tATE.5. INC'.. LAND PLANNINti ~ CpMMLINI7Y pEVELOFMEMT C)ctober 19, 2005 M.r. Wazre~ Campbell Town Planner Fawn of Vail 7S South Frontage Read Vail, CO S1G32 RE; Rutz Residences Dear Wa.rrezt; Asper y+aur rer~uest, attached you will find our respax~se t4 review criteria relafive td Resolution #1 S, Series 2D(14. 'l: kris response has been prepared based on the revised "sketch-up„plan set that was submitted oz~ 1011$105. PAGE 02 Please let dote know if you need any other information in order #n facilitate yow reviEw of this project. Thanks agailn far your ongoing assistance. Sincerely, Thomas A. Braun, A.1G`'P - .._ Cc; Jack Munn Jay Peterson Robert Fitzgerald Attac4~ment: D T}~e Ritz.Cariinn Residenre5 R.esntutloa~ #I8-Dexria~ion C~ite>t~ OpaE Buifding ,~~5 Mairti Sxrw.eC 5ulle G-2 Edwa-ds, CO 8183 97U-92f-7575 970-S2G-7576 fix Wtvw.6raunasscrflstrc.rnm • RESOLUTION 18, SERIES OF 2004. REVIEW CRITERIA Two deviations to architectural design standards of the Lionshead Redevelopment Master Plan are proposed by the Ritz Residences. Flexibility to these standards is subject to review by the Planning and Environmental Commission (following a recommendation from the DRB). The two deviations to these standards are: "Secondary roof elements" in excess of 500 sa. ft. The proposed building has a total roof area of approximately 59,441 square feet and the proposed flat roofed portion of the structure is proposed to be approximately 7,333 square feet or 12.3% of the total roof area.. Of this flat roof area approximately 1,349 sq. ft. will be rooftop terraces resulting in 5,084 sq. ft. of flat roof, or 10.1 °fo of the total roof area. The proposed roof plan depicts l 9 separate flat roofed areas. Uf these only seven exceed 500 sq. ft. and range from 506 to 1,04$ sq, ft. A. numher of these flat roofed areas accommodate mechanical equipment. The overall roof design is predominantly a gable form along with portions of mansard roof. From the public domain the building will not "read" or be perceived as a "flat roofed" building. Mechanical Eouinment Screen in excess of 82.5' The roof of the main central portion of the building extends to 82.5 feet in height. Cooling towers and other mechanical equipment will be located on top of this roof. This equipment extends to a height of xx.x'. In order to minimize the potentially adverse visual impact of this equipment a rooftop screening feature is proposed. The screen is a metal trellis feature that is designed as an extension of the roof form below. This design results in an appearance of a gable roof form, albeit with the upper portion of the roof being a trellis and not a part of the actual roof. The ridge formed by the trellis is 85.3' on the north end. of the building and $9.8' on the south end. Historically the Town has allowed. for mechanical equipment to exceed allowable roof height. In addition, the Town has permitted rooftop mechanical screening devises to exceed allowable roof height. From this standpoint the proposed trellisfscreen feature is technically not a deviation to the development standard. Notwithstanding, the proposed ridge of the central portion of the building does exceed 82.5' and as such it will be reviewed in accordance with the criteria of Resolution 16. The Ritz Carlton Residences Resolution #14-Deviation Criteria 1. The request for desi~ deviations are in compliance with the nurooses of the zone d1StrlGt: and The purpose of the Lionshead Minced Use 1 District is "to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, ajf ces, skier services, and commercial establishments in a clustered, unified development. . . . and to maintain the desirable qualities of the District by establishing appropriate site development standards ". The Ritz Club Residences is comprised of multi family dwellings which is in keeping with this stated purpose. Aside from ,the two proposed deviations the project is designed in conformance to established development standards, thereby furthering the desirable qualities of the District and ensuring adequate light, air, open space, etc. The minor nature of the proposed deviations are such that the project is still very much in compliance with the purpose of the LHMU-I District. 2. The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevel~~..~ent Master Plan: and The overall project is consistent with applicable.elements of the Lionshead Redevelopment Master Plan. Compliance with applicable elements of this Plan will Be provided under separate cover. 3. The proposal which includes the des~ra deviations pipes nit have a signfcant negative effect on the character of the nei ~hborhood: and Flat roof areas are very limited and are located such that it is unlikely they will be visible to any significant extent from anywhere. This is due to t,a.~a factors -flat roofs comprise only a small portion of the total roof area and in all cases the flat roafpartions of the building are an internal areas of the roof. The building will "read " as though it has a pitched roof The flat roofed portion will have no significant negative impact to the neighborhood. As outlined above, the mechanical screen feature conceals mechanical equipment in the central portion of the Building. While bath the mechanical equipment and screen feature exceed the height limit of 82.5 ;the Town has historically allowed both equipment and screening features to exceed allowable height limits. Given the alternative of exposed mechanical equipment on the roof, the proposed screening feature that is actually integrated into the design of the Building represents a much Better solution for Both the Building design and for the neighborhood. 4. The proposal substantially complies with other applicable elements of the Vail corn~arehensive plan: and The Ritz Carlton Residences Resolution #1$-Deviation Criteria The Town's G'omprehensive Plan includes a wide variety of documents. One of the most recent plans and clearly the mast relevant plan to consider in relation to this project is the Lionshead Redevelopment Master Plan. As described in item #2 above, the Ritz project is consistent with applicable elements of this plan. The design. deviation meets ~r exceeds the intent. of the ~r~ecific design standards as nrescrihed in Section 8.4: and. The LHMP includes a vast number of design goals and objectives. One of these is to encourage the use ojroofs to `provide visual cohesion to the urban fabric" and to ensure that "roofs are predominantly gables and hips, with sheds ar flat roofs which cover mare than S00 sq. ft. ". While not specifically stated in the LHMP, it can be inferred that the intent of the limitation an flat roofs is to further the goal of having "predominantly gable roofs ". The proposed building has a total roof area of approximately 59, 441 square feet and the proposed flat roofed portion of the structure is approximately 7,333 square feet or 12,3% of the total roof area. Of this flat roof area approximately 1, 349 sq. ft. are proposed rooftop terraces resulting in 5, 0$4 sq, ft. of jlat roof, or 10.1 % of the total roof area. The prapased roof plan depicts 19 separate flat roofed areas. Of these only seven exceed S00 sq. ft. and range in size from 5@6 to 1, 048 sq. ft. Four of the seven are between 506-54(1 sq, ft, in size. From a quantitative standpoint the portion of flat roof that exceeds 500 sq. ft. is very insignificant. From a qualitative standpoint the flat roof portions of the building are innocuous. The proposed deviation clearly meets the intent of Section 8.4 as it pertains to. flat roofs. As discussed above, the proposed deviation for the trellis screen feature to exceed 5~.5 ' is a design element that has historically been approved by the fawn (i. e, mechanical equipment and screening devices can exceed allowable height limits,}. The screen feature is an attempt to pro-actively address mechanical equipment as part of the overall design process and not as an afterthought, This approach exceeds specific design standards for mechanical equipment as outlined in the LHMP. Another important consideration is found in Section 5.4.2.3 Building Height. This section permits "unique architectural forms " to exceed the allowable maximum build~:ng height, subject to approval by reviewing boards. The prapased trellis screen is certainly a unique approach to dealing with mechanical screening. Other factors to consider relative to the overall project and development standards: The Ritz Carlton Residences Resaluti4n #1~3-Deviation Criteria • The trellis screen feature is only 2.8' above the height limit on the north end of the building and only 7.3' on the south. ^ All habitable space within the building is well below 8.x.5'. ^ The project. is developing well below the maximum allawable GRFA. ^ The project conforms to maximum wall plane heights. ^ If considered an "`architectural projection "the trellis screen is well below the maximum 97.5' height that is allawable by code. ^ The overall average height of the building is 156.4, this is well below the maximum average of 71 '. This calculation includes the height of the ridge formed by the trellis screen. f . A puhl.ir; benefit is ach; PvPd as a. result of the design deviation: and. The design deviations, while minor in nature are important elements of the proposed building. The screening feature, while exceeding the 82.5 building height limit, provides a significant public benefit by screening rooftop mechanical equipment. Virtually all of the flat. roofed portions of the building that exceed 500 sq. ft. also serve as rooftop patios or locations for mechanical equipment - a public benefit is achieved by locating this equipment on the roof in lieu of ground level location. When considered in the context of the proposed building and in the context of the three parcels of the West Day Lot subdivision, approval of the proposed deviations will result in an improved design solution which in turn achieves a public benefit consistent with the overall redevelopment of Lionshead. 7. The design deviation furthers tl~e goals,_obiectives and nurnoses as stated in Sections 2.3.2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Section.2.3 refers to broad policy objectives such as redevelopment, improved accesslcirculation, improved infrastructure and enhanced public revenues. Section 2.5 addresses broad urban design principles and Section 8.2 addresses the overall design intent for Lionshead. By virtue of the project's compliance with sped fcc relevant guidelines the Ritz furthers these broad goals and objectives. The two minor design deviations proposed by the Ritz Carlton Residences are fmportant elements of the overall building design as and such. also serve to further the goals of the sections referred to above. • T}~e Ritz Carlton Residences ltesolutzon #18-i7eviation Criteria Q N .r I 'J. ~s ri C Er. r~ ,r '~ ..! J ~ ~~ z ~~ z• ~~ N I r" _ _ :I A^i^ ~J,e~ D N I 1'-. ei .r v C1 a -t z W',U ~ ~~ .~ N ~~,, ~i~ ~~ d f l A ;f -r <r un L ~ `.. ,_ f f ~~ ~i `-v .~ w L ^., '~, C`s ~.,, ,~i~:~; ` ~~ ~ ~ t ~ ', e ~ ~ ~ ~ ~ ~ `, ~~ ~ ~~ ~„ 'i ~ _ ~ 4 '~ „ t` ~~, -_. ~~ ~ ~ 1 ~ ~~ ;~ ~5 ~ ~ ~---~~ .S 1 ~' ~~~ ~~ ~~ •q' ~~ ~ ~~ JI ~~ ~~ p -~~~~~ ~_ ~ ~ ~?' , , 1'~~' t ;1 ' 1 11 _ 1~ 1~ / '~' -- - 4~ ~~ ~ -t'~1 1 ~.~ ~{ i ~~_...-- ~ ''~ f ~~ ~~~ ~-~ '~ ~~ ~ ~, i ~~. ~~ ,. III ... ~~ __~s~' , I r ~,~ ,I { if ~` a'i`l ,t I'~~` ti1~I11~ 1 1~ It, ~1~ 1~ 11 ' ~``l\ ~ 111 }~ 1~ \` r~ _ ~ ~~ ^q\` ~~: • MEMiDRA.NDUM Td: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 2005 SUBJECT: A request for a fnal recommendation to the Vail Town Council, pursuant to Section 12-713-20, of an amendment to the Vail ViNage Urban Design Guide Plan, to allow for changes to the ArchitecturalfLandscape considerations for building colors, Vail Town Code, and setting forth details in regard thereto. {PEC05-0075} Applicant: Vail Chamber Business Association, represented by Kaye Ferry Planner: Elisabeth Eckel SUMMARY The applicant, the Vail Chamber Business Association, represented by Kaye Ferry, is proposing to amend the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscape considerations for building colors. In accordance with the support of the Design Review Board, which has reviewed the proposal on tvwo separate occasions, and the Criteria and Findings detailed in Section VI of this memorandum, Staff is recommending that the Planning and Environmental Commission forward a recammertdatiian of appraaal of this request to the Town Council as it will further the purpose and intent of the Guide Plan. II. ©ESCRIPTION QF REQUEST The applicant, the Vail Chamber Business Association, represented by Kaye Ferry, is proposing to amend the Vail Village Urban Design Guide Plan to allow for changes to the ArchitecturallLandscape considerations for building colors. The proposal concerns a portion of the text within the Vail Village Urban Design Guide Plan which regulates the facade colors used within Vail Village, Attached is a map from the Vail Village Master Plan which depicts the area governed by the Guide Plan (Attachment A). This amendment is proposed for the purpose of increasing flexibility in design review of color selections for structures within Vail Village. • The applicant is proposing to amend the text found within the Urban Design Guide Plan: Vail Village Design Considerations; ArchitecturalfLandscape Considerations; Facades; Colors (pp. 1Fa - 17} that includes color guidelines for Vail Village. The text amendment is proposed as follows, with the existing text designated in italics, the new text designated in bolds r'#alics and the text to be deleted designated in ~tr°il~ct"r~cuyh: Color The infenf of these regulations regarding color shall be to provide greater latitude in the use of color in fhe Village, but fo stiA retain a discernible consistency within a general range of colors, in order to create visual interest and enliven fhe Village, ~~f°~GT ~H'#:i~~e#a in i)~e ~.~ ~~'~1~ ~1 a1/i1'jaevfx _/ie ~#_e.#il~ ,. ~.~"~3''•i..'~.~r~ For wood surfaces, trim or siding, darker color tones are preferred, browns, grays, blue-grays, dark olive, slate greens, etc. Stucco colors are generally light -white, beige, pale gold, or other light pastels or earth tones (browns, grays, blue grays, dark olives, state greens, for example). Ocher ,iigi~colors could be appropriate, as considered on a case-by- case basis. Bright colors {red, orange, blues, maroon, etc.)~Irw w', ' p1~1c, .~~-can be used effectively (with restraint) far decorative trim, wall graphics, and other accent elements (see F. Accent Elements). While (here is no restriction per se on specific hues, primary colors and colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents Generally, to avoid both "busyness'; and weak visual interesf, the variety of major wall colors (and materials _ excluding glass) should not exceed four nor be less fhan two. A color/material change between the ground float and upper floors is a common and effective reinforcemenf of the pedestrian scale of the street. lll. BACKGROUND The Urban Design Guide Plan was drafted in June of 1980 following a number of public workshops designed to gain input from residents, merchants, public officials and consultants. The result of such workshops was the Guide Plan, which was uniquely written to address the aesthetic and functional aspects of the Village areas. The Guide Plan is divided into two areas of concern: the Gore Creek Drive/Bridge Street area and the East Meadow Drive area, each of which include sub-area concepts which address key focal points {both physical and figurative} of that area. The Plan addresses two primary aspects of development as they relate to the aforementioned' areas: "`Urban Design Considerations" and "Architectural/Landscape Considerations", the latter of which the applicant is proposing to amend. These topics include the fallowing subtopics, each of which are addressed in detail within the Plan: z Urban Design Considerations: pedestrianizatr`on, vehr`cle penetration, streetscape framework, street enclosure, street edge, building heighf and views. Architectural/L,ana'scape Considerations: ,Roofs (form, pifch, overhangs, composition, stepped roofs, materials, construction); Facades (materials, color, transparency, windows, doors, trim); Balconies (color, size, mass, materials, construction); Decks and Patios; Accenf Elements, Landscape Elements {plant materials, paving, retaining walls, lighting, signage); and Service {materials, construction). The Plan was designed with the anticipation that updates to its ideas were inevitable. According to the Plan's Preface: "It is anticipated that perception of the problems will change over time and that adjustment will be made to the Guide Plan. Those adjustments will be considered on an annual basis, through a process similar to that which generated the Guide Plan and based on urban design criteria appropria#e to Vail." The last time that a revision was made to the Pion was in 1893. On October 19, 2405, the Design Review Board, voted unanimously to forward a recommendation of approval to the Town Council and Planning and Environmental Commission of the proposed text found in this memorandum. The Board made the following findings in association with their recommendation. 1. The proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town as they will bring vibrancy, activity, and fagade improvements into Vail Village, and 2. That the amendments further the general and specific purposes of the Zoning Regulations (and the adapted plans, such as the Urban Design Guide Plan} as they will enhance and further maintain the established European alpine village character of the Vail Village ;and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordsnated 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. IV. ROLES OP REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendatiari of approval/approval with conditionsidenial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 3 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations (and the adapted Plans, such as the Urban Design Guide Plan}; and 2, The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and; 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Gommissian deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment. However, the applicant has obtained support from the Design Review Board on two separate occasions. Town Council: Actions of Design Review Berard err Planning and Environmental Commission may be appealed to the Tawn Council err by the Town Council. Town Gauncil evaluates whether or not the Design Review Board or Planning and Environmental Gommissian erred with approvals or denials and can uphold, Uphold with modifications, or overturn the board's decision. The Town Council is responsible fior final approvallapproval with conditionsldenial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and speci#ic purposes of the Zoning Regulations (and the adopted Plans, such as the Urban Design Guide Plan}; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment pravides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission andlor Council deem applicable tv the proposed text amendment. 4 Staff; The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations (and the adopted plans, such as the Urban Design Guide Plan). 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 Endings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DQCUMENTS Title 12. Zoning Code Chapter 12-7; Commercial Care 1 {CC1 District) Section 72-7B-20.• Vail Village Urban Design Guide Plan A. Adoption, The Vai! village urban design guide plan and design considerations are adopted for the purposes of maintaining and preserving fhe character and vitality of the Var'1 village (CC1} and to guide fhe fufure alteration, change and . improvement in CC1 district. Copies of the Var'l village design guide plan and design considerafions shall be on file in fhe department of community development. 8. Revisions: Revisions to fhe Vai! village urban design guide plan and design considerations shaft be reviewed by the planning and environmental commission with official action to be taken by the town council by resolution an a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days foNawing the public hearing on fhe applications. Title 14. Section 10. DeWefonment Standards Handbook Section 94-9f--D-3: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utifized. Primary colors yr other brighf colors should be used only as accents acrd then sparingly such as upon trim ar railings. All exterior wall materials must be continued down to finr`shed grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be non-reflective. Vail Village Design Considerations. Vail Village Urban Design Guide Plan (irr part) . Infroducfionf8ackgraund: (The Plank is an attempt to identify aspecfs of the physicaf character of the Village and fo assure as tar as possible that future changes will be cansistenf with fhe established character, and will make positive confribuflons to the quality of life. (The Plan was) developed as a mechanism to manage physical change in the Village...This character, while inspired to a degree by European models, has evolved info a distinctly local interprefation. To preserve this character, care must be taken to avoid both new architectural prototypes, and historical ones, local or foreign, which do not share fhe same design vocabulary. Architecture/Landscape Considerations. detail, details, style and overall appropriafeness of a design for a given site. These considerations are reviewed primarily by the Design Review Board (DRB). Below is a general checklist of major issues and concerns which the applicant must address in the course of the review process. Each of the following items should be addressed at least briefly in any application hearing or submittal; 1. Roofs: form, pitch, overhangs, composition, stepped roofs, materials, construction 2. .Facades: materials, color, transparency, windows, doors, trim 3. Balconies: color, size, mass, maferials, construcfion 4. Decks and Patios 5. Accent Elements ti. Landscape Elements; plant materials, paving, refaining walls, lighting, signage ~'. Service: materials, construction Secondly, the design considerations are intended to serve as guideline design parameters. They are not seen as rigid rules or "cookbook design elements" to bring about a homogeneous appearance in Vail. Rather, they are a statement of interpretation, subscribed to 6y fhe Town Planning/Environmental Commission and Review Board, as to the present physical character and objectives of the Village. They are infended to enable the Tawn staff and citizen review boards to more clearly communicate to property owners planning and design objectives, and allow property owners in town to respond in general conformance or to clearly demonstrate why departures are warranted. Color; There is greater latitude in the use of color in the Village, but still a discernible consistency within a general range of colors. For wand surfaces, trim or siding, darker color tones are preferred, browns, greys, blue-grays, dark alive, slate greens, etc. Stucco colors are generally light -white, beige, pale gold, or other light pastels. Other lighf colors could be appropriate, as considered an acase-by--case basis. Bright colors (red, orange, blues, maroon, etc.} should be avoided for major wall planes, but can be used effectively {with resfraint,~ for decorative trim, wall graphics, and ofher accent elements.. Generally, fo avoid both "busyness'; and weak visual interest, the variefy of major wall colors (and materials -excluding glass) should not exceed four nor be less than two. 6 A color/material change between the ground floor and upper floors is a common and effective reinforcement of the pedestrian scale of fhe street. Vail Villaae Master Plan Section is Summary lin oar#1 While Vail is maturing, there is a need to continually maintain and upgrade fhe quality of existing building, as welt as streets, walks, and utr'lity services. Vail's economy relies to a large degree an maintaining its overall sfatus and attractiveness as a world class resort. Within this context the Master Plan is one of several documents that have been developed to preserve and strengthen fhe Tyrolean/Alpine character of Vai! Village while allowing for limited, highly- controlled grawfh... The plan is organized according to the Vail Village Sub-areas - ten areas within the Village that are homogeneous with respect to building character, physical conditions, land use and ownership. Section II: History of Vail Village (in oartl !n response to this trend (rapid developmenf}, the Vail Village Urban design Guide Plan was adapted in 7980 after a brief moratorium on development. The Guide Plan became the official tool for reviewing projects wifhin fhe core area of the Village and the adjacenf area to the northeast. The Plan provided specific atfenfion to building and sfreetscape developmenf in order fa reinforce and improve the pedestrian's walking experience. These regulatory fools established the framework within which the Vial Village core had developed through the latest growth period. Upgrading Buildings: Vail Village has not escaped the aging process. There is a - need to encourage the continued upgrading and enhancement of existing lodging and commercial facilities within the Village in order fo maintain the unique character that is its main attraction. Gant... Updating zoning controls and expanding design guidelines is seen as an essential step Toward assuring the long term unified development of the Village. !f is a goal of Phis Plan fa establish a framework far guiding private secfor development and improvements as well as public improvements throughout the entire Vai! Village area. Section V: Goals. Obiectiyes. Policies. and Action Stegs Goal #3: Ta recognize as a top priority the enhancement of the walking experience throughout the Village. 3.9 (?bjective: Physically improve the existing pedestrian ways by landscaping and other improvements. Section VII: Vail Villaae Sub Areas Commercial Gare 9 Sub-Area {#3J This pedesfrianr'zed area of the Village represenfs the traditional image of Vail. A mixture of residential and commercial uses, limited vehicular access, and inter- connected pedestrian ways are some of the characteristics that distinguish this area from other portions of the Village. With fhe excepfion of embellishing pedestrian walkways, developing plazas with greenspace, and adding a number 7 of infill developments, if is a goo! of the community to preserve fhe character of the Village as it is today The core area, with it's predominantly Tyrolean architecture, is fhe site of the earliest developmenf in Vail. liver time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces acrd other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall sfreefscape improvement project. There is also potential fo initiate a number of these improvements in conjunction with private secfor developmenf projects. The Vail Village Urban design Guide Plan has been the primary toot in guiding private development proposals in the core area since 1980/ The Guide Plan will continue to be used in conjunction with the goals and design criteria outlined in the Vail Village Master Plan. lnhll and redevelopment proposals shall be reviewed for compliance with the design criteria, goals, objecfives and policies established in these respective plans. VI. CRETERIA AND FINDINGS A. Gonsideratic~n of Fartnrs Reaardina the Text Amendment: The review criteria and factors for consideration fior a request of a text amendment are established in accordance with the provisions of Ghapter 12-3, Vail Town Gade (Grdinance No. 4, Series 2002}. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 12-1-2A, Purpose/General: General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinafed and harmonious development of fhe Town in a manner that will conserve and enhance its natural environment and ifs established character as a resort and residential community of high qualify. Staff and the Design Review Board have determined that the proposed text amendment will further "promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. To effectively maintain Vail's conception "as a mountain resort in the pattern of quaint European alpine villages" (as dei:lned in the Guide Plan introduction}, increased flexibility in color choice and application should be considered. 12-1-28.8, Purpose/Specific: 7o safeguard and enhance the appearance of the Town. Staff is of the opinion that the proposed text amendment will further enhance the appearance ofi the Town of Vail by allowing for increased creativity regarding color usage, personal expression by merchants, and therefore enhanced vitality within the Village. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The Vail Village Master Plan iden#ifies the fallowing Goal (#3) and objective: Ta recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 objective: Physically improve the existing pedestrian ways by landscaping and other improvements. Staff believes that the incorparatian of varied colors within the Village will accomplish the objective stated to aid in achieving this Baal. The Land lase Plan states the following: Section 4.3, Chapter II: The ambiance of the Village is important to the identity of Vai! and should 6e preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate sire, cosmopolitan feeling, environmental quality.} Staff believes that by allowing color variety upon buildings within the Village, the ambiance vital to Vail's identity and initial visioning as a "Tyrolean Village" will be enhanced. 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 Since the adoption of the subject planning documents that guide development within the Tvwn, redevelopment and increased development have enhanced the need for upgrades within the Town. By relaxing the regulations concerning color application to buildings within the Commercial Core areas, merchants and owners will be mare likely to propose facade enhancement and will be allowed more flexibility to "create„ a European environment within such areas. 4, The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, The proposed text amendment does not particularly affect land use regulations but is in keeping with the municipal development objectives that deal with upgrading of buildings, facade enhancement, etc. 9 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. Consideration of Factors Regarding the Text Amendment: as found within the Urban Design Guide Plan The factors far cansideration of a text amendment of the Urban Design Guide Plan may be based upon the following statements of The Plan that Staff has deemed similar to the factors far cansideration within Title 12, Zoning M Regulat~anS. 1. These Design Considerations, and the Urban Design Plan as a whole, are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. The proposed text amendment will enhance and preserve the essential qualities of Vail Village by providing more aesthetic variety and interest while taking into account iYs unique European appeal. 2. Any standards, in the end, must be based upon Vail's own unique characteristics and potential now. The proposed text amendment takes into cansideration and even increases Vail's unique characteristics and architectural blend of styles while lending mare potential to the Village for uniqueness in the future. 3. To preserve this character, care must be taken to avoid both new architectural prototypes, and historical ones, local or foreign, which do not share the same vocabulary. The proposed text amendment shares the same vocabulary as existing architectural prototypes found within the Village and along East Meadow Drive. 4. These Design Considerations are arecognitian that there is a distinctive design character to the Village and that this character is important to preserve. The proposed text amendment will likely increase the distinctive design character found within the Village through the provision of increased personal expression and creativity through. the use of color. C. The Plannino and Enviranment~l Commission shall make the followin~c findings befarp frrr-usrarrlinn a rQrr,rnmendation of agaroval fora text amendment: ~ .~~ . - - - 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 1 r~ t 2. That the amendment furthers the general and specitlc purposes of the Zoning Regulations (and the intent of the Urban Design Guide Plan}; and 3. That the amendment promotes the health, safety, morals, and. general welfiare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendatiar~ of approval to the Vail Town Council, pursuant to 5ectian ~ 2-78-20, of an amendment to the Vail Village Urban Design Guide Plan, to allow for changes to the Architectural/Landscape considerations for building colors. Staff's recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following: 1. The proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, and 4. That the amendments further the general and specific purposes of the Zoning Regulations (and the adapted plans, such as the Urban Design Guide Plan}; and 5. 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 nature! environment and its established character as a resort and residential community of the highest quality. 11 m ~' ;° ~r ~~ ~~ n ~U MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 20D5 SUBJECT: A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of the Conference Center development site; final review of a conditional use permit, pursuant to Section 1 ~-9C-3, Conditional Uses, Vail Town Cade, to allow for a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section $.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for I~ew Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circlet Lot 1, Block 2, Vail Lionshead filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson I. SUMMARY The applicant, Town of Vail, represented by Pylman & Associates, Inc. and Fentress Bradburn Architects, Ltd., have submitted applications to allow for the construction of a Conference Center located at the "Charter Bus Lot° site adjacent to the Lionshead Parking Structure. Today's discussion will be a work session to allow the applicant an opportunity to discuss three issues with the Planning and Environmental Commission: parking, employee housing, and architectural revisions. Staff is requesting that the Commission listen to the applicant's presentation, ask questions, and provide preliminary direction to the applicant and Staff. Staff is then recommending the Planning and Environmental Commission table these items to the Commission's Noueml~er 14, 2005, public hearing. II. BACKGROUND On June 13 and June 2D, 2D45, the Planning and Environmental Commission held a work session to discuss the proposed Conference Center project. Staff and the applicant provided an introduction to the project at these work sessions. C7n Juiy 6, 2DD5, the Design Review Board conceptually reviewed the proposed Conference Center project. The applicant presented an overview of the Conference Center design. The Design Review Board was genera! favorable toward the proposed design. The Board did note their concerns about the connection of the proposed Conference Center to the Lionshead Parking Structure, the need to upgrade the existing parking structure, the scale of the Conference Center's south elevation, the form and color of the proposed roof, the architectural treatment of the Conference Center's west elevation, and the colors of the proposed wood and stone building materials. On July 11, 2005,. the Planning and Environmental Commission held another work session to further discus the proposed Conference Center project. Staff and the applicant presented the Commission with additional information about the project. The fallowing is a brief summary of the Commissioner comments about the proposal: • The perceived building heights of the building from the South Frontage Road and East ~ionshead Circle are a concern. The impact of the Conference Center's east driveway on the future redevelopment of the Vail International Condominiums is a concern. • The buffer an the eas# side of the Conference Center needs to be enhanced. • A 3D computer model of the project and surrounding buildings must be provided. • Parking is a significant problem in the Town of Vail today, and this project should not make conditions worse. • The HVS parking analysis is not an unbiased report. • The proposed 125 Conference Center ,parking spaces are not adequate. • Additional parking information is needed. • The proposed Conference Center must be reviewed as a stand-alone project and should be reviewed in the same manner as a private development. • The funds provided by Vail Resorts should be used to create new public parking, not to off-set the casts of the Conference Center project. • Traffic circulation and turning movements are still a concern. • The employee housing requirement should be met through apay-in-lieu program. • The applicant must provide employee generation projections. • The proposed Conference Center should be designed and reviewed as an urban infill type project. 4n July 25, 2005, the Planning and Environmental Commission held another work session to further discuss parking for the proposed Conference Center project. The applicant and representatives from HVS and FHU presented an overview of the Conference Center parking analysis. In conclusion, the Commission determined that 125 parking spaces were not adequate for the proposed Conference Center and the Commission directed the applicant to comply with the parking standards prescribed by the Town of Vail zoning regulations. On September 12, 2005, the Planning and Environmental Commission held another work session to further discuss parking for the proposed Conference Center project. fln October 1g, 200b, the Design Review Board reviewed the applicant`s proposed deviations from the Architectural Design Guidelines of the Lionshead Redevelopment Master Plan. The applicant is proposing deviations from the #ollowing guidelines: street width-to-building height relationships;- roof eave heights, average and absolute building heights; exterior wall layering, materials, and colors; balcony materials; and roof pitch and materials. The Board voted 3- 0-1 (Durward recused) to #orward a recommendation of approval to the Planning and Environmental Commission for the proposed deviations. I11. APPLICABLI= PLANNING DOCUMENTS Staff has emphasized the parking related code excerpts with bold text. TITLE 12, ZONING REGUI_.ATICNS, VAIL TOWN CODE Article 72-9C: General Use (GU) District (in part) 72-9G-9: PURPOSE.• The genera! use district is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and far which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 72-1-2 of this title and to provide for the public welfare. The genera! use district is intended to ensure that public buildings and grounds and certain types of quasr`-public uses permitted in the district are appropriately located and designed fa meet the needs of residenfs and visitors to Vail, to harmonise with surrounding uses,. and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-gG-5: DEVELOPMENT STANDARDS: A. Prescribed by Planning and Environmental Commission: In the genera! use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 7. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage.. 6. Landscaping and site development. 7. Parking and loadr"ng. B. Reviewed by Planning and Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance wifh the provisions of chapter 16 of this title. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of Land in the general use district are found in chapter 14 of this title. Article 12-1(1: Off Sfreet Parking and Loadr'ng (in part) 72-10-10: Parking Requirements Schedules: Off sfreef parking requirements shall be determined in accordance wifh fhe following schedules: A. Schedule A applies fa properties within Vail's "Commercial Core Areas" (as defined on the town of Vai! care area parking maps 1 and 11, incorporated by reference and available for inspecfr'on in the office of the town clerk): Use Parking Requirement Theaters, meeting rooms, 7.0 space per 965 sq. f't. of conference facilities seatirig floor area 12-1 Q-26: SPECIAL REVIEW PROVISIONS: Notwithstanding fhe provisions of section 12-101-18 of this Chapter, the Planning and Environmental Commission may approve a reduction to fhe number of required spaces specifr'ed in section 12-1 D-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the Planning and Environmental Commission.` A. The parking demand will be less than the requirements identified in section 12-10-10 of this chapter; and 8. The probable long-term use of the building ar structure, based an its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuffle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's frnal approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of fhe use or business activity. In reaching a decision, the Planning and Environmental Commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to 4 additional scrutiny 6y the planning and environmental commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shat{ not exceed twenty five percent (25%) of the fatal number required under section 12-10-10 of this chapter. IV. DISCUSSI(7N The purpose of today's work session it to allow the applicant to discuss the following three items with the Planning and Environmental Commission: parking, employee housing, and recent changes to the architectural design. Staff encourages the Commission to ask questions and provide the applicant and Staff with any preliminary direction concerning these items. Parking Since the last PEC work session, the applicant has revised the parking proposal for the conference center. The applicant is no longer requesting a reduction in the parking requirement and will now be constructing seven mare spaces than are required by Chapter 12-10, Off-Street Parking and Loading, Vail Town Code. Required Parking: 243 spaces (30,008 sq. ft. ballroom and 10,100 sq. ft. meeting rooms) Proposed Parking: 250 spaces (329 newly constructed spaces, 79 spaces to off-set those spaces eliminated by the new parking structure entrance) Emolovee Housing The Town of hail's requires development projects to provide housing for 15% of all new employees. The Town of Vail calculates the number of new employees based ,upon the 1991 Rosall Remmen Cares "Employee Generation Rates" analysis, unless more specific, project specific employment information is available. The "`Employee Generation Rates" analysis calculates employee generation for a conference center at a rate of 1 employee per 1,000 sq. ft. Based upon the ballroom and meeting room area of 40,108 sq. ft., approximately 40 new employees will be generated by the Conference Center project. Based upon 40 new employees, the conference center is required to provide housing for 6 employees. The applicant is not proposing to construct any new employee housing units. Instead, the applicant is proposing to provide the Town of Vail with the cash equivalent for housing 7 employees in a similar manner as the recently approved Vlfesthaven Condominiums (aka "The Ruins"}. The Town of Vail Housing Division believes the applicant's cash payment equivalent for housing 7 employees fulfills the employee housing requirement for the conference center project. Architectural Revisions • Since the last l'EC work session, the applicants have made several revisions to the proposed conference center project: • New south entry design • Stair and elevator conneetian to the Lionshead Parking Structure • Streetscape improvements to the south side of the Lionshead Parking Structure • Refinements to the landscaping design • Per the Design Review Board, continuation of the .roof save to the west building elevation W. STAI=F REGC)MMENDATION As this is a work session, the Commission is not being asked to take any formal action at this #ime. Staff is requesting that the Commission listen to the applicant's presentation, provide preliminary direction to the applicant and Staff, and then table these items to the Commission's NQVember 14, 20p5, public hearing. C: C ~>{: C i ~;; F d ~~R' ' ~~. ' L ~~ l' 3 , ~: ~~ ~ ~~' ~ v~ m • • • .~ ~ , ~ 8 S ~~ y~ _. .. y "~ tlGrq'~ ~~'y~((q~ A: ~~4, ~1.~~ ~y~}Y4 ~ ~1 ~~i?P~ ~ Y ; „` ~~ `* ~ ~dNm4 ~ ~ .J "~ +~ ti [p ~ } 9 y ~ ,x 1 Y '~ f ~ ... ~ i t .. ~ ~ t j 4 t '~ h,:,'i 1 k i 1~~,_q ~ I , ~F J i ~~ , f? d i(~n r i. Y ~ a }~ k f gf ~ L1p..r . A ~~ , jx~ ~ t - gy~am. ~ ~~ t x x }}~ ~f! ~ ,» I~ M1 MEMORANDUM TU: Planning and Environmental Commission FRAM: Community Development Department , DATE: C3ctober 24, 2005 SUBJECT: A request for a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, Town of Vail, is requesting a recommendation to the Vail Town. Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations;. Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail~Town Code. Based upon Staffs review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approve[ with conditions to the Vail Town Council for the proposed text amendments, subject to the findings and conditions noted in Section VIII of this memorandum. II. DESGRIPTION OF REC~UEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific cede 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 Environments! Commission and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues also arise and staff looks to update the Code to reflect shift in policy. Staff has drafted a report, in Attachment A, including all the proposed text I amendments previously ~ reviewed by the Planning and Environmental Commission. The last set of proposed text amendments, in Section VI of this memo, will be added to this report pending comments by PEC. Staff is also requesting permission to add any grammatical or spelling changes still not corrected in this report before submission to Town Council.. III. BACKGROUND Un August 22, 2005, PEC held a woricsession to discuss the need for proposed text amendments to the Town Code, which have arisen out of the clean-up process. Staff presented an overview of the three tiers of proposed text amendments: spelling and grammatical changes, clarifications of code and policy changes. The PEC reviewed Tier I, spelling and grammatical changes with positive comments. On September 12~h, a second worksession was held to review clarification changes with PEC comments resulting in a few modifications. On October ~ 0`h, 2005, PEC reviewed yet another set of clarifications and felt comfortable with the proposed text amendments. IV, ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12 3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Vail Town Council, Design Review Board:. The Design Review Board has no review authority over a text amendment to the Vail Tawn Cade. 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 Tawn Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andfar Design Review Board. The Vail Tawn Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Cade. 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 Cade; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Sian Regulations (Title 11. Vail Town Code) Chapter 11-1: Description, Purpose and applicability 19-~-2: Purpose A. General Purpose: These regulations are enacted for the purpose of promoting fhe health, safefy, morals, and general welfare of the fown of Vail and f© promote fhe coordinated and harmonious design and placement of signs in the fawn in a manner that will conserve and enhance its natural environment and ifs established character as a resort and residential communify of fhe highest qualify. B. Specific Purpose: These regulations are intended fa achieve the fallowing specific purposes: 1. To describe and enable the fair and consisfent enforcement of signs in fhe town of Vail. 2. To Encourage fhe establishment of weA designed, creative signs That enhance fhe unique character of Vail's village atmosphere. 3. Ta preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing far the growth of an orderly, safe, beautiful, and viable communify. Town of Vail zoning Reputations (Title 12. Vail Town Code1 Chapter 12-1: Title, Purpose and Applicability 12~?-2: Purpose A. General: These regulations are enacted far the purpose of promoting the health, safety, morals, and general welfare of the Tawn, and to promote fhe coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential communify of high qualify. Town of Vail Subdivision Regulations !Title 13. Vail Town Code) Chapter 13-1: General Provisions 13-1-2: Purpose A. S#atutory Authority: Title have been prepared Revised Statutes title 31, health, safety and welfare Town. The subdivision regulations contained in this and enacted in accordance with Colorado article 23, for the purpose of promoting the of the present and future inhabitants of the B. Goals: Ta these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards fior design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the Town Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each ,subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Development Standards Handbook (Title 14. Vail Town Code1 Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town. The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code, and will be applied. to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals and/or intent of the Titles. Tile lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. VI. PROPOSED TEXT AMENDMENTS TITLE 12: ZONING REGULATIONS CHAPTER 12-2: DEFINITIONS: 12-2-2: DEFINITIONS ISSUE Numerous land uses are not defined in the Definitions section of Title 12. Also, mansard and flat roof are terms that are not defined. OPTIONS There is a do nothing approach, which may continue to cause confusion among applicants and staff, leaving a gap in the Code. It is necessary to define these terms in order to have a mare comprehensive Definitions section. RECOMMENDED AMENDMENTS 12-2-2: pe~nitrons: Automofive service stations: A facility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience sfare. Clubs, Health: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. Drugstore: An establisfiment engaged in fhe retail sale of prescription drugs, non-prescription medicines, cosmetics and related supplies, Facilities, Health care: A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. i~ Laundromat: A facility where patrons wash, dry or dry clean clothing or ofher fabrics in machines operated by the patron. Paths, Bicycle and pedestrian: A corrr`dor for use by bicycles and pedestrians, prohibited for use by motorized vehicles. Religious Institution: A building used far public worship by any number of congregations, excluding buildings used exclusively for residential, educational, recreational or ofher uses not associated wr"th worship. Includes churches, chapels, cathedrals, temples, and similar designations. Raof, Flat: A roof that is not pitched and fhe surface of which is generally parallel to fhe ground. Raof, Mansard: A roof with fwa slopes on each of four sides, fhe lower steeper than fhe upper. Shays, Beauty and barber: A facility where one or more persons engage in fhe practice of cosmetology, including hair, nail and skin care. Shops, Electronics safes and repair: A facility where home elecfronics are sold and/or repaired an fhe premises. 12-2-2: DEFINITIONS ISSUE The terms "Active Outdoor Recreation" and "Passive Outdoor Recreation" are listed under the first adjective of these land use terms. In this situation, the definitions are not listed as others are in the Code, with the adjective after the noun. OPTIONS There is a do nothing approach, which may cause confusion among applicants looking for the definitions of these terms. It is necessary to amend khe listing of these terms in order to have a definitions section that is easy to navigate for applicants. RECOMMENI~IED AMENDMENTS 12-2-2: Definitions: a rn~T: o~~~-OUTDOOR RECREATION AREAS, ACTIVE: ©ufdoor recreational acfivities which involve organized or structured recreation fhaf is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited fo: athletic fields, playgrounds, outdoor basketball and fermis courfs, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. Pn ~'~'!~€ OUTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation actr`vities which involve unstructured recreation which does not requr're facilities or special grounds. Passive outdoor recreafion would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fr'e1ds, etc. CHAPTER 12-6: RESIDENTIAL DISTRICTS: Article 12-6A: HILL5IDE RESIDENTIAL (HR) DISTRICT Article 12-fiB: SINGLE-FAMILY RESIDENTIAL (SFR} DISTRICT Article 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT Article 72-fiD: TWO-FAMILY PRIMARYISECONDARY RESIDENTIAL BPS) DISTRICT Artiicle 12-fiE: RESIDENTIAL CLUSTER (RC) DISTRICT Article 12-6F: LOW DENSITY MULTIPLE-FAMILY ~LDMF} DISTRICT Article 12-fiG: MEDIUM DENSITY MULTIPLE-FAMILY {MDMF} DISTRICT Article 12-6H: HIGH DENSITY MULTIPLE-FAMILY {HDMiF) DISTRICT Article 12-fit: HOUSING ~H} DISTRICT ISSUE There are numerous capitalization issues within this Chapter, such as with the word District and Title. Aiso, land use terms should be in the plural form, not the singular are they are found in a few instances, such as "facility" not "facilities", There is a need to standardize a few of the ]and uses listed in the permitted, conditional and accessory uses Sections of each Article. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to #oster a professional looking Cade that is easily utilized and understood. There are a few standardization of land use terms in this chapter, including the term "Religious Institutions" instead of "Churches" and "Health care facilities" instead of a listing of such at length.. RECOMMENDED AMENDMENTS TO CHAPTER 12-fi: 12-6A-2: PERIUITTED USES: the following uses shall be permiffed in the HR [3~a~istricf: Sr'ngle-family residential dwellings. Type V empfoyee housing unit, one per lot, as set forth in Cshapter 13 of fhis T€itle. 72-6A-3: CQlVDlT10NAL USES: The following candr'tiana! uses shall be permiffed, sublecf to issuance of a conditional use permrf in accordance with the provisions of Cshapfer 16 of Phis T#ifle: Bed and breakfasts as further regulated by Ssection 12-9~4-78 of this T#ifle. Equestrian facilities located on five (5,~ acre minimum Iof size area on property bordering public land. Funiculars, and other similar conveyances. Home child daycare facilities as further regulated by Ssection 12-14-12 of this T#itle. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. 12-6A-4: ACCESSORY USES: The following accessory uses shall be permitfed in the HR Ddistricf; Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of S,section 72-94-12 of this rtitle. Private greenhouses, tool sheds, playhouses, garages ar carports, swimming pools, patios, or recreational facilifies customarily incidenfal to single-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 92-68-2: PERMITTED USES: The following uses shall be permitted in the SF,R ,~+a-istrrct: Single-family residentr`al dwellings. 72-68-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this T#itle. Bed and breakfasts as further regulated by Ssection 72-74-78 of this 7#itle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilifies as further regulated by Ssection 12-94-12 of this Ttitle. Public buildings, grounds and facilities. Rublic and-e~~private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type lI employee housing unit as set forth in Cshapter 73 of this T#itle, 92-6B-4: ACCESSORY USES; The following accessary uses shall be permitted in the SFR Dslistrrcf: Home occupations, subject to issuance of a home occupation permit in accordance wifh the provisions of 5section 92-74-72 of fhis Title. Private greenhouses, tool sheds, playhouses, garages ar carporfs, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 72-6C-2: PERMITTED USES: The following uses steal! be permitted in the R Ddistrict: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing units as set forth in Cshapter '13 of this Ttitle. ~2-6C-3: CONDITIONAL USES: The following conditional uses shall be permitfed in the R Ddistrict, subject fo issuance of a eanditionaf use permit in accordance with the provisions of Cshapter 96 of this Ttitle: Bed and breakfasts as further regulated by Ssection 92-74-18 of this Ttitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilities as further regulated by Ssection 72-94-12 of fhis Ttitle. Public buildings, grounds and facilities. Public and~eF-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type !l employee housing units as set forth in Cshapter 93 of this Ttitle. 72-6C-4: ACCESSORY USES: The following accessory uses shall be permifted in the R Da-istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisr"ons of Ssection 12-74-72 of fhis Ttitle. Private greenhouses, too! sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and fwo-family residential uses. f?ther uses customarily incidents! and accessary to permitted or conditions! uses, and necessary for the operation thereof. 7 2-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing units as provided in Cehapter 93 of this Ttitle. 72-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Gchapter 16 of fhis Ttitle: Bed and breakfasts as further regulated by Ssecfion ~12-14- l8 of this Tfifle. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by Ssecfion 7'2- 14-92 of this Tfitle. Public buildings, grounds and facilities. Public and-e~prlvate schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type !! employee pausing unit as set forth in C6hapter 13 of this Tfifle. 12-6©-4: ACCESSORY USES: The following accessory uses spa!! be permitted.' Home occupations, subject to issuance of a home occupation permr't in accord wr'th the provisions of Cshapter 14 of this Tfifle. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and two-family residential uses. Other uses customarily incidental and accessary to permifted or conditional uses, and necessary for the operation thereof. 12-6E-2: PERM1 TTEL? USES: The following uses shall be permitted in the RC Ddistricf: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more fhan four (4) units in any new building. Single-famr`!y residential dwellings. Two-family residential dwellings. 12-fiE-3.' CONDITIONAL USES: The foNowmg conditional uses steal! be pem7ifted in the RC Ddistrict, subject fo issuance of a conditional use permit in accordance with the provisions of Cshapfer 16 of this Tfifle: Bed and breakfasts as further regulated by Ssecfion 12-14-18 of this Tfifle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilities as further regulated by Ssecfion 12-14-12 of fhis Tfifle. Private clubs. Public buildings, grounds and facilities. Public and private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and Tows. Type 111 employee housing units (EHU) as provided in Cshapter 1:3 of fhis Tfifle. • io 92-6E-~4.• f#CCESSORY USES: The following accessory uses shall be permitted in the RC Dd'istricf: Nome occupations, subject tv issuance of a home occupation permit in accord with the provisions of Ssecfion 12-94-92 of Phis T#ifle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two-family or low density multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation (hereof. 92-6F-2: PERMITTED USE'S: The following uses shall be permitted in the LDMF Ds{isfricf: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 92-6F-3: CONDITIONAL USES: The following conditional uses shall be pemtitted in the LDMF Dd'istrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 96 of Phis T#ifle: Eked and breakfasts as further regulated by Ssection 92-94-98 of this T#itle. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by Ssection 72- 94-92 ofthis Ttitle. Private clubs.. Public buildings, grounds and facilities. Public and~privafe schools. Public park and recreation facilities_ Public utility and public service uses. Ski lifts and taws. Type 111 employee housing units (EHU} as provided in Cshapter 93 of this T#itle. 92-6F-4: ACCESSORY USES: The fallowing accessory uses shaF! be permitted in the LD,MF Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssecfion 92-94-92 of this Tfifle.. Private greenhouses, Taal sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities cusfomarily incidental to single-family, two-family or law density multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. i~ i'2-6G-2: PEl?MIl itD USES: The following uses shall be permitted in the MDMF t7district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6G-3: COIVDITIONRI_ USES: The fallowing conditional uses shall 6e permitted in the MDMF Ds+'istricf, subject fo r"ssuance of a condifional use permit in accordance wr'fh the provisions of Cshapter 1 fi of this Ttitle: Bed and breakfasts as further regulated by Ssection f 2-94-48 of this Tfifle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare faciliti~s}~ as further regulated by 5secfion 12- 14-12 of this Tfifle. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds, and facilities. Public and-e~privafe schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 11! employee housing units (EHU) as provided in Cshapter 13 of fhis Ttitle. 12-~G-4: ACCESSORY USES: The following accessory uses shall be permitted in the MDMF I~I'istricf: Mome occupafions, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of Phis Tfifle. Private greenhouses, tool sheds, playhouses,, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental fo permitted residenfia! uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6H-2: PERMITTED USES: The following uses shall be permitted in the 1-1'DMF Ddistrict.~ Lodges, including accessory eating, drinking, recreational or retail establishments, located within fhe principal use and not occupying more than ten percent (lOl) of the total grass residential floor area {GRFA) of fhe mar`n structure or structures on the site; additional accessory dining areas maybe located on an outdoor deck, porch, or fen'ace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. ~ i2 ~~-sH-3: colvalriOnl~aL usES: The following conditional uses shall be permitted in the HDMF [)district, subject to issuance of a conditional use permit in accordance with the provisions of Gshapter 16 of this T#itle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Chcc. Religious Ins#i#u#ians. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12- 14-12 of fhis Ttifle. Private clubs and civic, cultural and fraternal organizations. Publie buildings, grounds and facilities. Public or commercial parking facilities or structures. Public and private schools. Public park and recreation facilities. Public transportation termr'nals. Public utilify and public service uses. Ski lifts and fows_ Timeshare estate units, fractional fee units and timeshare license units. Type 1lI employee housing units {EHU) as provided in Gshapter 13 of this Ttitle. 12-sH-4: ACCESSORY USES: The fallowing accessory uses shall be permitted in the HDMF Uo'istrict: Home occupafions, subject fo issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental fo permitted residential and lodge uses. Other uses cusfomarily incidental and accessory to permr'tted or conditional uses, and necessary for the operafion thereof. 12-6l-2: PERMITTED USES.' The following uses shalf be permitted in fhe H Defistrict: Bicycle and pedestrian pa#hs. Deed restricted employee housing units, as further described in Cshapter 13 of this Ttitle. Passive outdoor recreation areas, and open space. Pedest~ ~r.-•and-bike-per ~~-sl-.~: conlDIT101vA~ usES: The following conditional uses shall be permitted in the H Ue-istrict, subject to issuance of a conditional use permit in accordance with fhe provisions of Cshapter 1 s of this Ttitle. Commercr`al uses which are secondary and incidental (as determined by the planning and environmental commission) to fhe use of employee housing and specifically serving the needs of fhe z~ residents of the development, and developed in conjunction with employee housing, in which case fhe following uses maybe allowed subject fa a conditional use permit: Banks acrd financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars, and other similar conveyances. Health clubs. Personaf services, including, but not limited to, Laundromats, beaufy and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on fhe properfy, and B. Dwelling units are not the primary use of the property. The GR1=A for dwelling units shall not exceed thirty percent (3Q°ro) of the Iota! GRFA constructed on the property, and C. Dwelling unify are only created in conjuncfion with employee housing, and D. Dwelling units are compatible wifh the proposed uses and buildings on the site and are compatible wr'th buildings and uses on adjacent properties., ~ufdaor patios. Public and private schools , ' day~:r~ #asiLifies. Public buildings, a,-grounds and facilities. Public parks.- and recreational facilities.. Public utilities instaflatlons including transmission lines and appurtenant equipmenf. Type V! employee housing units, as further regulated by chapter 13 of this title. 12-6I-4: ACCESSORY USES: The following accessory uses shall be permitted in the H Dsilstrlct: Home occupations,. subject fo issuance of a home occupation permit in accordance with the provisions of Ssection 12-74-12 of this 7'=title. ,Minor arcades. Private greenhouses, tool sheds, playhouses, aftached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. • CHAPTER 12-7: CaMIIAERCIAL AND BUSINESS DISTRICTS: i4 Article 12-1A: PUBLIC ACCOMMODATION (PA) DISTRICT Article 12-TBz COMMERCIAL LORI; 1 (CC1) DISTRICT Article 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT Article 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT Article 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT Article 12-7F: ARTERIAL BUSINESS {ABD) DISTRICT Article 12-7G: HEAVY SERVICE (HS) DISTRICT Article 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT Article 12-71: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT ISSUE There are numerous capitalization issues within this Chapter, such as with the word District and Title as well as grammar and spelling errors, Land uses, such as "Lodges" and "Public buildings, grounds and facilities", should be in the piurai form. There are also some land use terms that need to be standardized, with numerous terms for one type of land use, OPTIONS There is a do nothing option which will continue to foster a faulty Code. When a single land use has more than one terminology in the Cade, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include the changes made in Chapter 12-6 as well as standardization of "Drug stores," "gift shops," "Cocktail lounges and bars", and "Electronics sales and repair shops." • ~~ RECOMMENDED AMENDMENTS ~ 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in fhe PA Dslisfrict, subject fa issuance of a conditional use permif in accordance with the provisions of Cshapter 16 of fhis Ttitle: Bed and breakfasts, as further regulated by Stisectian 12-14-18 of this Ttifle. Religious institutionsrch~~ Fractional fee club units as further regulated by Ssubsecfian 12- 16-7A8 of fhis T~title. ~i rr:.. , ~J~v ~! na~GTiicr Health care facilities. Lodges, including accessory eating, drinking, ar retail establishments located within the principal use and occupying between fen percent ~1g%) and fr'fteen percent (15%) of fhe total gross residential float area of the main structure ar structures on the site. Major arcades, se~/er~c ~i i* -• Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public and er private schaals. Public park and recreational facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and taws. Theaters and convention facilities. Type Ill employee housing units as provided in Cshapter 13 of fhis 7tifle. 12-7A-4: ACCESSORY USES: The following accessary uses shall be permitted in the PA Dsiistricf: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of fhis Ttitle. Meeting roams. Mr""nor arcades. Swimming pools, tennis courts, pafios, or other recreation facilities customarily incidental fo permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for fhe operation thereof. 12-76-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially ~. ~ below grade. ` 8. Permitted Uses: The following uses shall be permitted r n basement or garden levels within a structure: 9. Retail shops and establishments, including the following: Apparel sfores. Art supply sfores and galleries. Bakeries and confectioneries. Bookstores. Camera sfores and photographic studios. Candy stores. Chinaware and glassware stores. 13elicatessens and specialfy food sfores. Drugstores 'es. Florists. Gift shopssteres. Health food sfores. Hobby stores. ,Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery sfores. Toy stores. Variety sfores. Yardage and dry goods stores. 2_ Personal services and repair shops, including the following: Beauty and barber shops. Commercial ski storage. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 3. ,Eating and drinking establishments, including fhe following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on fhe premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. 4. Professional offices, business offices and studios. 5. Banks and financial insfifutions. &. Additional uses determined to be similar to permitted uses described in subsection B9 through B5 of this Section, in accordance with the provisions of Section 72-3-~ of this Title so long as they do not encourage vehicular traffic. 7. Lodges. C. Conditional Uses: The following uses shall be permitfed in basement or garden levels within a structure, subject to issuance of a conditional use permr`f in accordance with fhe provisions of Chapter 16 of this Title: ~~ Electronics sales and repair shops. Household appliance sfores. Liquor stores. Luggage sfores. Major arcades. Meeting rooms. Multiple-family dwellings. C?ufdaor patios. Theaters. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shelf be defined as fhat floor of the building that is located of grade or street level. B. Permii#ed Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail sfores and establishments, including the following: Apparel sfores. Art supply stares and gallerr`es. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy sfores. Chinaware and glassware sfores. Delicatessens and specialty food sfores. Drugsfores~r+a~aeies. Florists. Gift shops. Hobby sfores.. Jewelry stores. Leather goads stares. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores, Stationery stares. 3~rsie&: Toy stores. Travel and ticket agencies Variety stares. Yardage and dry goods sfores. 2. Eafing and drinking establishments, including the fallowing: Bakeries and delicatessens with food service, restricted fo preparation of products specifically for safe on the premises. Cocktail lounges and bars. Coffee shops. Fountar'ns and sandwich shops. .Restaurants. ~. Lodges. 18 4. Additional uses determined to be similar to permitted uses described in subsection B ~ and B2 of this Section, in accordance with the provisions of Section ~2-3-4 of this Title so Fong as they do not encourage vehicular traffic. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permif in accordance with the provisions of Chapter ? fi of this Title: Banks and financial institutions. , °;~crlers: Beauty and barber shops. Electronics sales and repair shops. ' Household appliance stores. Liquor stares. Outdoor patios. liw ~: ~ . 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A. Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 7 6 of this Title for any use which eliminates any, existing dwelling or accommodation unit or any portion fhereof~ ?. Multiple-family residential dwelling. 2. Lodges. 3. Professional offices, business offices and studios. 4. Banks and financial instr'fufions. - b. Personal services and repair shops, including the fallowing: pe s p . Beauty and ,barber shops, - Business and office services. Tailors and dressmakers. Travel and ticket agencies. 6. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. ' Camera stores and photographic studios. Candy stares. Chinaware and glassware stares. Delicatessens and specialty food stores. Drugstores~'~ahar~c w ^'es. Florists. Gift shapssteres, Hobby stores. Jewelry stores. Leather goads stores. _ 19 Music and record stares. Newsstands and tobacco stores. Pho#ographic sfudias. Sporting goods stores. Toy stores. Variety. Stares. Yardage and dry goods stores. 7. Eating and drinking esfablishments, including the following: Bakeries and delicatessens with food service, resfricfed to preparation of products specifically for sale on fhe premises. Cocktail lounges and bars. Cofi ee shops, Fountains and sandwich shops. Resfaurants, 8. Conditional Uses: The following uses shall be permitted on second floors above grade, subject fv the issuance of a conditional use permit in accordance with the provisions of Chapter 7 fi of this Title: Dog kennel. Electronics sales and repair shops. Household appliance stores. Liquor sfores. Luggage sfores, Meeting rooms. Outdoor patios. c a~.r .. epsi Theaters. Type !Il employee housing units (EHU} as provided in Chapfer 13 of this Title. 72-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above fhe second floor above grade: Lodges. Mulfiple-family residential dwellings. B. Conditional Uses: The following uses shall be pem~ifted on any floor above fhe second floor above grade, subject fo the issuance of a conditional use permit in accordance with fhe provisions of Chapfer 1B of fhis Title. Any permitted or conditional use which eliminates any existing dwelling or accommodafion unif, or any portion (hereof, shall require a conditional use permit. Such uses may include: 7. Refail sfores and esfab/ishmenfs, including fhe following: Apparel sfores. Art supply sfores acrd galleries. Bakeries and confecfioneries. BOpkStareS. Camera sfores and photographic studios. zo Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Electronics sales and repair shops. Florists. Gift shops. . Hobby stores. Jewelry stores. Leafher goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Phofographr`c studios. ~alie-ar~~'"1' rimer, v a. ys: Sporting good stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2. Fating and drinking establishments, Including the following: Bakeries and delicatessens with food service, resfricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Professional offices, business offices and studios. 4. Banks and financiaf institutions. 5. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 6. Theaters. 7. Additional uses determined tv be similar to permitfed uses described in Ssubsections B9 through B~ of this Ssection in accordance with the provisions of Ssection 12-3-4 of this Ttitle, so long as they do not encourage vehr'cular traffic. 8. Type III employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-7B-6: CONDITIONAL. USES; GENERALLY.' The following uses shat! be permitted, subject to fhe issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 92-14-18 of this Ttitle. Public buildings, grounds and facilities. zs Public park and recreation facilities. Public utility and public service uses. Ski Jilts and fowl. 12-7C-3: PERMITTEL7 ANL7 CUNDITlQNAL USES: In the CC2 Ddistrict, permitted and conditional uses for specific floors shall be the same as those permitted in the Coommercial Ccore 9 Dclisfrict as prescribed by Ssections 12-76-2 through 12- 7B-5 of this Cshapter. Retail stores and establishments shall not occupy more Phan eight thousand (8,Oa0) square feet of floor area. 92-7C-4: CQNDITlCQNAL USES; GENERALLY.` The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapfer 76 of fhis Ttitle: Bed and breakfasts as further regulated by 5secfian 72-7~-98 of this Ttitle. Brew pubs. Commercial storage. Laudromafs. Public buildings, grounds, and facilities. Public park and recreafion facilities, Public utility and public service uses. Ski lifts and tows. Television stations. Theaters, meeting rooms and convention facilities. 12- 7©- 9: PERMITTED USES: The following uses shall 6e permitted in the Coommercial Ccore 3 Ddisfrict: Banks and financial insfitutions. Eating and drinking establishments, including the following: Cocktail lounges,, f"III and bars. Coffee shops. Fountar'n and sandwich shops. Resfauranfs. Health clubs. Persona! services and repair shops, including the following: ~~rho rc ~nnc* ~`ty`'a~ Beau#y and barker shops. Business and officer services. Cleaning and laundry pick-up agencies without bulk cleaning or dyeing. ('~in_r.nnmfnrl nr nnlf n,nntinn In~~n~ri~n Laudromats. Shoe repair. Smolt appliance repair shops, excluding furniture repair. Tailors and dressmakers. ~z Travel and ticket agencies. Professional offices, business offices and studios. Retail sfores and esfablishments without limit as fo floor area Including the following: Apparel sfores. Art supply sfores and galleries. Auto parts sfores. 'Bakeries and confectioneries, preparation of producfs for sale on the premises. Bookstores, Building materials sfores without outdoor storage. Camera stores and phofographic studios. Candy stores.. Chinaware and glassware stores. ^elicafessens and specialty food stores, Department and general merchandise stores. Drugstores~r~r' a~r ~. Electronics sales and repair shops. Florists, Food stores. Furniture stores. Gift shopssfer~. Hardware sfores. Health food stores. Lobby stares. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco sfores. Photographic studios. Radio and television broadcasting studios. c ~ a~r ~-repair-sI"ieps. Sporting goods sfores, Sfafionery stores, Supermarkefs. Toy stores, Variety sfores. Yardage and dry goods sfores, Additional offices, business, or services determined fo be similar to permitted uses in accordance with fhe provisions of Phis section. 92-7D-2: CONDITIONAL USES: The following condifional uses shall be permifted in fhe commercial core 3 district, subject fo issuance of a conditional use permit in accord with fhe provr"signs of chapter 16 of this title: Any use permifted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssecfion ?2-14-18 of ~~ fhis Ttitle. Brew pubs. Ghild daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. Drive up facilifies. Major arcades. Massage parlors. Outside car wash. Pef snaps. Public buildings, grounds, and facilities. Public park and recreation faciGfies. Public utility and public service uses. Radio and felevision signal relay transmission facilities. Theafers, meeting roams, and convention facilities. 7ransporfation businesses. Type 111 employee hauling units (EHU) as provided in Cshapter 93 of fhis Ttitle. 12-7D-3: ACCESSORY USES: The fallowing accessory uses shah be permitted in the Ceornmercial Clore 3 t7e(istricf: Home occupafions, subject to issuance of a home occupation permit in accordance wifh the provisions of Ssecfion 9~-t4-12 of fhis Ttitle. Minor arcades. Swimmr`ng pools, fennr`s courts, patios, or afher recreation facilities customarily incidental to conditional residential. Ofher uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. 92-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establr`shments, including the fallowing: Bakeries and delicatessens wr'th food service. Cocktail loungesfn~ ~ and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Persona! services and repair shops, including the following: Ba~erske s p . Beauty and barber shops. Business and office services. Gleaning and laundry pick up agencies wrfhouf bulk cleaning or dyeing. [.audromats. Small appliance repair chaps, excluding furniture repair. 24 Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Retail stores and establishments without !r`mit as to ffoar area including the fallowing: Apparel stares. Arf supply stores and galleries. Bakeries and confectioneries, incfuding preparation of products for sale on the premises. Bookstores. Building materials stares without outdoor storage. Camera sfores and photographic studios. Candy stares. Chinaware and glassware stores. Delicatessens and specialty food sfores, Deparfinent and general merchandise stores. Drugstor EleotrQnlcs sales and repair shops. Florists. Food stores. Furniture sfores. Gift shopssteFes. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods sf©res. - Liquor sfores. Luggage Stares. Music and record sfores. Newsstands and tobacco sfores. Pet shops. Photographic studios. Radio and television broadcasting studies. 7 1~~in hnrl Polo iri cir-~n c•i~r~r0 y w.r ~1 ronoir chrinc ./ Sporting goods sfores. Stationery sfores. Supermarkets. Toy stores. Variety stores. Yardage and dry goads sfores. Additr`onal offices, businesses, ar services determined to be similar to permitted uses in accordance wifh fhe provisions of Ssectian ?2-7E-2 of Phis Aarticle. ~2-7E-4: CQNDITIQNAL USES: The following conditional uses shall be permitted in the CSC district, subjecf to issuance of a conditional use permit in accordance wifh fhe provisions of Cshapter 16 of this Ttitle: Any use permitted by Ssection 12-7E-3 of this Aarticle, which is ~~ nat conducted entirely within a building. Bed and breakfasts as further regulated by Ssecfian 72-94-18 of this Tlitle. Brew pubs. Child daycare centers, Commercial laundry and cleaning services. Dog kennels. Mafor arcades. Mulfipfe-family residential dwellings and lodges. ' Outdoor aperation of fhe accessory uses as sef forth in Ssection 72-7F-5 of this Aarticle. Private clubs, Public buildings, grounds and facilities.. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theafers, meetings rooms, and convention facilities. Type 111 employee housing units {EHU) as provided in Cshapter ~3 of fhis Ttitle. 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in fhe CSC 1?slistricf: Home occupafians, subject fo issuance of a hams occupation permit in accordance with the provisions of Ssecfion 72-14-72 of • this Tfifle. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditianal residenfial or lodge uses. Other uses customarily incidental and accessory fo permitted or conditional uses, and necessary for fhe operation fhereof. 7 2- 7F-3: PE,f~MlTTED USES: The fallowing uses shall be permitted in fhe arterial business district: Ealing and drinkr"ng esfabfishments, as follows, are permitted on fhe first (sfreef) level: Cocktail lounges~as and bars. Coffee shops, founfains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Ba~s~sf}ep~ Beauty and barber sShaps. Shoe repair. Tailors and dressmakers. Travel and ficket agencies. Professional. offices, business offices and sfudios Radia.and television broadcast-ng s#udias. 26 Retail stores and establishments, as follows, are deemed to 6e generally accessory andlor supportive of office uses and are therefore perrrrifted so long as they do not exceed eight thousand (8, QO(?} square feet in floor area for each such business use and so long as they are Located on the first (street} level: Arf supply stores. Bookstores. Drugstores. Florisf. Newsstand. Stationery stores. Tobacco sfores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with fhe provisions of section 12~- 7F-1 of Phis article, (ord, 35(1982) §§ ?, ~: ord. ~(?9S2} ~ ?~ 12-7F-4: CONDITIONAL. USES: A. Enumerated: The following conditional uses shall be permitted in the arferr"a! business distrr'ct, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 1 B of this Title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by Ssection ?2-?4-18 of fhis T#ifle. ~~ Brew pubs. Child daycare centers. Microbrewer3Fles. Private off street surface parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards, Transportation businesses. Type 111 employee housr"ng units (EHUJ as provided in Cshapfer ?3 of this ~'#ifle. C. Subject To Review: The following uses shall be permitted on the first (street} level floor within a structure subject to the issuance of a conditional use permit and are lr'sfed as such due fo theh pofential individual and cumulative impacts of generating traffic in fhe arterial business district and will receive review under fhe provisions of Gshapfer ?6 of this Ftitle with specific emphasis on the criferia of fraffic generation: Apparel sfores. Automotive service stations. Bakeries and confectioneries. Banks and financial institutions. Brew pubs. ~ Business and office services. z~ Camera stores and photographic studios. Child daycare center. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Convenience food stores, restricted to a maximum of eight thousand (8,1100) square feet and no more fhan thirty three percent (33%) of the gross building area of the entire structure. Furniture stores. Hardware stores. Health clubs. Health food stores. Hobby stares. Household appliance stores. Liquor stores. Music and record stores,. Nursery and garden supply. Outside car wash. >~et shops. Song' whs. Small appliance repair shops,. excluding furniture repair. Theater. Yardage and dry good stores. 92-7F-5: ACCESSORY USES: The following accessory uses shall be permitted in the arterial business district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of Phis title.. Minor arcades,. Swimming pools, Tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. ~2-7G-3: CONDITIONAL USES: The following conditional uses sha11 be perrrrifted, subject to issuance of a conditional use permit in accordance with the provr`sr`ons of Chapter 7 6 of this Tifle: Animal hospitals and dog kennels; cf~el. Automotive service stations. Building materials supply stores. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. as Seasonal plant product business. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transports#ion businesses, Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessary uses custamarr'!y incidental and accessary to the conditional uses set out in this Section and necessary for the operafion thereof. Additional commercial services determined to be similar to the conditional uses set out in this Section in accordance with the previsions of Section 12-3-4 of this Title. 12-7N-2: PERMITTED AND CONDITIQNAL USES; BASEMENT C?R GARDEN LEVEL: A. Definition: The "basement" ar `°garden Level"shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shat! be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. gating and drinking establishments. Personal services and repair shops. Professions! offices, business offices and sfudios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, and skier services., °^~' ~°~~^,P°. Travel and ticket agencies. Additr'onal uses determined to be similar to permitted uses described in this subsection, in accordance with the previsions of Section 12-3-4 of this Title. 12-7N-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street Level" shall be defr`ned as that floor of the building tha# is located a# grade or sfreef level along a pedestrianway. B. Permitted Uses: The foNowing uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facr`li#ies. Refail stores and establishments. Skier ticketing, ski school, acrd skier services, ~9 Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of ~ectr'on 12-3-4 of this Ttitle. C. Conditional Uses: The following uses shall be permitted on the first floor or street level Hoar within a structure, subjecf to issuance of a conditional use permit in accordance with the provisions of Cshapfer 16 of this Ttitle: ~ a~~,r~: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-farrrily residenfial dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111(EHU} as provided in Cshapter 93 of this Ttitle). Radice T1 Additional uses determined to be similar to conditional uses described in this ~ubsecfion, in accordance with the provisions of :section 72-3-~1 of this T,title. 92-7H-4: PERMITTED AND CONDITl4NAL USES; SECQNI~ FLQQR AND A80~E: A. Permitted Uses,' Exception: The following uses shall be permitted' on those floors above the fast floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units {type Ili (EHU} as provided in Cshapter 1 ~ of this Ttitle). Additional uses determined to be simr`lar to permitted uses described in this 5subsection, in accordance with the provisions of Ssecfion 12-3-4 of this T#itle. C. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this T#itle: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. ' Liquor stores. Personal services and repair shops. Professional offices, business oflrces and studios. Ram-~te~=cry ~~ . Recreation facilities. Retail establishments. Skr'er ticketing, ski school, and skier service~,Nsare. 3a Theaters. Timeshare units and fracfional fee clubs. Additional uses determined to be similar to condifional uses described in this Ssubsection, in accordance with the provisions of Ssecfion 12-3-4 of this Ttifle. 72-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUlLD1NG OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance ofa conditional use permif in accordance with the provisions of chapter f 6 of fhis title: Bed and breakfasts as further regulated by Ssecfion f2-?4-18 of this Ttitle. Brew pubs, Commercial storage. Laudromafs. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Single-family residential dwellings. Ski tiffs and tows. Television stations. e Two-family residential dwellings.. Additional uses determined to be similar to condifiorral uses described in this section, in accordance with the provisions of Ssecfion 12-3-4 of fhis Title. 12-7N-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mnaixed Use 9 Uelistrict: Home occupations, subject fo issuance of a hams occupation permif in accordance wifh the provisions of Ssecfion 12-74-72 of this Ttitle. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses, Minor arcades. Offices, lobbies, laundry, and other facilities cusfomarily incidental and accessory fo hotels, lodges, and multiple-family uses. Outdoor dining decks ar~d patios. ~rc:a c ~.th narl o~finrr onrl rlrin Linrx nc~}ohfi chrtra~~irnG.nf~ Swimming pools, tennis courts, patios or other recreation facilities customarily incidental fo permitted resr'dential or lodge uses. Other uses cusfomarily incidental and accessory to permitted or conditional uses, and necessary for the operation fhereof. 72-7l-2: PERMITTED AND CONDITIONAL USES; BASEMENT OF2 GARDEN LEVEL: 31 A. Definition: The "basemenf" 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. Ghild daycare centers. Commercial ski storage. Eafr'ng and drinking establishments. Personal services and repair shops. Professional offices, business offices and sfudios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski schoa~ and skier service , . 7rave! and ticket agencies. Additional uses determined to be similar to permitted uses described in this 5subsection, in accordance wifh the provisions of Section 92-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, sub}ecf to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Tifle: Conference facilities and meeting rooms. Elecfronics sales and repair shops. • Liquor sfores. Lodges and accommodation units.. Major arcades. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee pausing units (Type 1lI (Eh'U} as provided in Chapter 13 of this Title}. , p, a,~a Theaters. Additional uses determined fa be similar to conditional uses described in this subsection, in accordance wifh fhe provisions of Section 7 2-3-4 of fhis Title. 12-71-3: PERMITTED AND CONDITIONAL USES; F1RST FLOOR , OR STREET LEVEL: A. Definition; The "first floor" or "street level" shall be defined as that floor of the building fhat is focated at grade or street level slang a pedestrianway. B. Permitted Uses: The following uses shall be permitted on fhe first Hoar ar street level within a structure: Banks, with walk-up teller facilities. Guild daycare centers. Eating and drinking establishments. Recreation facilities. Retail stares and establishments. Skier ticketing, ski school; and skier senrices~cyccxe. Travel and Picket agencies. . ~z Additional uses determined fo be similar to permitted uses described r`n this Ssubsection, in accordance with the provisions of Ssection ~2-3-4 of fhis Ttifle. C. Condifional Uses: The following uses shall be permitted an the first floor or street level float within a structure, subject fo issuance of a conditional use permit in accordance with the previsions of Cshapter 16 of fhis 7#itle: ,~r and l,o~-acr~~.~`F"~~19~Fr Beauty and barber shops, Conference facilifies and meeting moms. Elec#ranics sales and repalr shops. Financial insfitutians, other than banks. Liquor stores. Lodges and accommodation unify. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwellinng units, and employee pausing units {type Ill (EHU) as provided in Cshapter 13 of fhis T#~itle). L)n•lin T1 / . f r.~ ran~ir s1-innc r~-+mv; -rte \ n CGij ~ Additional uses determined to be similar fo conditional uses descrrbed in this S~subsecfion, in accordance wifh fhe provisions of Ssectian 92-3-Q of this Tfifle. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses, Exception: The following uses shall be permitfed an those floors above fhe first floor within a structure: Lodges and accommodation units. Mulfiple-family residential dwelling units, time-share unifs, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU} as provided in chapter 93 of this title). Additional uses determined fo be similar to permitted uses described in this subsecfion, in accordance with the provisions of section ? 2-3-4 of fhis title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject fo the issuance of a conditional use permit in accordance wifh the provisions of chapter 76 of this title: Banks and financial institutions, Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repalr shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. ~.~~~~~`,~~^~~ YY1~ rnnoir chnnc- Recreafion facilities. Refai! establishments. Skier ticketing, ski school; and skier service ~, ~ ~daysare. Tpeafers. 33 Time-share units and fracfional fee clubs. Additional uses determined fa be similar to conditional uses described in this Ssubsection, r'n accordance with the provisions of Ssecfion ~'2-3-4 of this T#itle. ?2-7I-5: COI~1C~}1TIONAL USES; GENERALLY(OPJALL LEVELS OF A BUIL~C7JIVC OR OUTSIDE OF A BUfLD1NG}: The following conditional uses shalt be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter ? 6 of this Tfifle: Automotive service stations. Bed and breakfasts as further regulated 6y Ssectr'on 12-74-1 S of this Tfitle. Brew pubs. Child daycare centers. Commercial storage. Laudramats. Private outdaor recreafion facilities, as a primary use. Public buildings, grcaunds, and facilities. Public or private parking tots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows.. Television sfafians. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Addifionaf uses determined fo be similar fa conditional uses described in this section, in accordance with fhe provisions of Ssection 92-3-4 of fhis T#ifle. 72-71-6: ACCESSORY USES: The following accessory uses shall be permitted in fhe lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance wr'fh fhe provisions of Ssection 92-74-72 of this Tfifle. Loading and delivery and parking facilities customarily incidents! and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilifies customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and pafios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permiffed or conditional uses, and necessary for fhe operation thereof. • 34 GHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ARTICLE 12-7E: COMMERCIAL SERVICE CENTER {CSC) DISTRICT ISSUE A previous worksession introduced a definition for the land use term "private club." There have been many cases where "private club" has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. Since changing the definition will not allow for this loophole any longer, the properties with private parking clubs are legally nonconforming unless "private parking structure" and private unstructured parking are included in the listing of permitted or conditional uses. In this case, the only property that will be legally nonconforming is the Gateway Building parking club in the Commercial Service Genter iDistrict. OPTIONS If no changes are made, the Gateway Building will fa11 into legal nonconformity, a status that staff tries to prevent at all costs. If we allow for private parking structures and private unstructured parking in CSC, the Gateway Building will be in conformity with the current regulations. REGOMMENDED AMENDMENTS 12-7E: Commercial Service Center District 12-7F-4.' CQNDI T10NAL USES: The fallowing condifianal uses shall be permitted in the CSC district, subjecf fo issuance of a condifional use permit in accordance with the provisions of chapter 76 of fhis title: Any use permitted by section 12-TE-3 of fhis article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by S~section 12-94-18 of this Ttifle. Brew pubs. Ghild daycare center. Commercial laundry and cleaning services. Dag kennel. Major arcades. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as sef forth in Sseetian 72-7E-5 of this Aarficle. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and Paws. Theaters, meetings rooms, and convention facilities. Type III employee housing units {EHtJ} as provided in Cshapter ~3 of this Ttitle. 3~ CHAPTER 12-8: OPEN SPACE AND RECREATION DISTRICTS: ARTICLE '12-8A: AGRICULTURAL AND OPEN SPACE ~A) DISTRICT ARTICLE 12-8B: OUTDOOR RECREATION {OR) DISTRICT " ISSUE There are numerous capitalization issues within Article 12-813, such as with the word District ant! Title. Land uses, such as "Public recreational facility" should be in the plural farm, not singular. There are also some land use terms #hat need to be standardized, with numerous terms for one #ype of land use. OPTIONS There is a do nothing option which reflects poorly on the Cade itself. When a single land use has more than one terminology in the Cade, it can create confusion among applicants and staff. Another option is to correct these errors in order to fos#er a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include "passive and active recreation areas", "religious institutions", and "bicycle and pedestrian paths." RECOMMENDED AMENDMENTS '2-8A-2: PE14M1TTED USES: The following uses shall be permitted in fhe A District: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. 72-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with fhe provisions of Chapter 96 of this Title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (2011) persons togefher in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. ~^J~ +'~, ~~~~ rnjn }n r1 n}n ~nfi irnn Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. ~eges: Reiigiaus institutions. Semipublic and institutional uses, such as convents and relr`gious retreats. Ski Nfts and tows. Type !! employee housing units (EHU) as provided in Chapter 73 of this Title. ~s Well water treatment facility. 72-8A-4: ACCESSORY USES: The following accessory uses shall be permitted in fhe A District: Accessary buildings and uses customarily incidental to permitted agricultural uses, r`ncluding barns, sr`los, sheds, corrals, pens, and sirnr`!ar uses. Home occupations, subject fo issuance of a home occupation permit in accordance with the provisions of Section 72-74-72 of this Title. Privafe greenhouses, toolsheds, playhouses, garages or carporfs, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. Retail sale of plants, trees, or ofher farm or agricultural products grown, produced or,made on fhe premises. Other uses customarily incr'denfal and accessory to permitted ar conditional uses, and necessary for the operation thereof. ~ 2-8B-2: PERJ~vJ'1 TTED USES: The following uses shalt be permitted in fhe OR district: Bicycle and pedestrian paths-aa~psdestria:µ ~ : ~'~s_ Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 72'-88-3: CONDITIONAL USES: The following conditions! uses steal! be permitted, subject fo issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Ttitle: Accessory buildings ('permanent and temporary) and uses customarily incidental and accessory fo permitted or conditional outdaar recreational uses, and necessary for the operafion fhereof, including restrooms, drinking fountains, bleachers, concessrons, storage buildings, and similar uses. Cemeferies. Equestrian trolls, used only to access national forest system lands. Public parks and active public outdaar recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or sfrucfure. Ski lifts, Tows and runs. Well wafer freatment facilities. 12-$B-4: ACCESSORY USES: The following accessory uses shall be permitted in fhe OR [iefisfricf: Accessary uses in fhe OR De~istr7ct are subject to conditions! use permit review in accordance with fhe provisions of Cshapter 16 of this T#ifle_ 37 CHAPTER 12-9: SPECIAL AND MISCELLANEOUS DISTRICTS: ARTICLE 12-9A: SPECIAL DEVELOPMENT DISTRICTS: ISSUE While the Department of Community Development requests funds each year with some appropriated to hiring consultants for various applications, this does not occur on an individual project basis. While we da technically conform to the regulations in 12-9A-13, it is necessary to remove all doubt of conformity in order to create a legally binding process that cannot be challenged in court. OPTIONS With no changes made to this Article, there may be a challenge to an SDD on the grounds that the Department of Community Development did not specifically request approval to hire an outside consultant on behalf of the application. In order to create a process that cannot be legally challenged, the Department of Community Development needs to have discretion in hiring an outside consultant, a rule that will keep the process efficient, This will not change the current policy, which is to conduct all approvals with Town Council far hiring of outside consultants in the budgetary process. RECOMMENDED AMENDMENTS 72-9A: SPECIAL DEVELOPMENT DISTRICTS: ?2-9A-73: FEES: The filing fee for special development district applications and for major and minor amendments to special development districts shall be set by the Town Council by resolution. Applications deemed by fhe Department of Community Development to have significant design, land use, ar other issues which may have a significant impact on the community may require review by consultants other than Town slat(; Should a determination be made by the Tawn staff that an outside consultant is needed to review any special development district applicafion, said outside consultant shall be commissioned by the Department of Community Qevelopment. ~"~ D~p~~mcnf~~' hir.~n~ c~susa~r a r~~c:.~~aet;-ern ~,r.~J ~f ,°,~e-,`dawn Ccsrrasi~fe #irc ~n--etr~idc ~~nn Tthe Department of Community L7eveloprnent shall estimate fhe amount of money necessary fa pay the outside consultant, and this amount shall be forwarded to fhe Tawn by the applicant at the time the special development district applicafion is submitted to the Department of Community Develapmenf. Upon complefian of the review of fhe application by fhe consultant, any of fhe funds forwarded by fhe applicant for. payment of fhe consultant which have not been paid fo fhe consultant, shall be returned fa fhe applicant. Expenses incurred' by the Town in excess of the amount forwarded by fhe applicant shah be paid to the Town by fhe applicant within thirty (30) days of i natificatian 6y fhe Town. 38 ARTICLE 12-98: PARKING (P) DISTRICT ARTICLE 12-9C: GENERAL USE ~GU) DISTRICT ISSUE There are numerous capitalization issues within Chapter 12-9, specifically with the words Title, District and Chapter. Land uses need to be in plural farm, rather than the singular form. There are also a few examples of land uses that are not in the proposed standardized form. OPTI©NS There is a da nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to faster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include "Bicycle and pedestrian paths," "Health care facilities" and "F~eligious Institutions" The capitalization and grammar errors should be corrected to facilitate a Code without error. • REG4MMENDED AMENDMENTS ?2-98-3: GUNDITlO1~lAL USES: The following conditional uses shat! be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 96 of this Title: Major arcades. Private or public off-street vehicle parking structures.. R-rivat~ c: ,public Pj~arks and recreational facilities. Public uses, private office and commercial uses that are transportation, tourist or Town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this Section, a temporary construction staging site shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers maybe stored. Type 111 employee hauling units (EHU) as provided in Chapter f 3 of this Title. 12-9G-2: PERM{TIED USES: The following uses shall be permitted in the GU [)alisfricf: Passive outdoor recreation areas, and open space. ~vur°°ar«^ °nn- ~.:Uo Bicycle and pedestrian paths. ~ 2-9G-3; CQ!'JD1710NAL USES: A. Generally: The following conditional uses shall be permitted in the GU Odr`sfrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 76 of this Ttitle: Child daycare centers. Equestrian trails. - 39 Golf courses. Health care facilities. HeJipad for emergency and/or corramunity use. ~~~~, .~ .cc, ~'inic~~ ~~#abilitatiex~ +sentcrc, Major arcades. Pfant and tree nurseries, and associated structures, excluding the sale of frees or other nursery products, grown, produced or made on fhe premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools an~ea4~sa#f~rnt+'-irrsfit~~tle,~s. Public and quasi-public Indoor community facikfy. Public buildings and grounds. Public parking facilities and structures. Public theaters, meeting roams and convention facifities. Public tourisf/guest service related facilities. Public transportation terminals. Publr`c utilities installations including fransmission lines and appurtenant equipment. Religious instifufions. Seasonal structures or uses fo accommodate educational, recreational or cultural activifles. Ski lifts, tows and runs. Type Ill employee housing unify (EhfU} as provided in Cshapter 73 of this Ttitle. lNater and sewage treatment plants. B. Proximity To Parking ,Required: The following conditional uses shall be pem~itted in accordance with the Issuance of a conditional use permit, provided such use i$ accessory to a parking structure: Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourisf/guesf service related facilities. Transit/shuttle services. 92-9C-~: ACCESSORY USES: The following accessory uses shall be permitted r`n the GU Delisfrlct: Minor arcades. Other uses customarily Incidental and accessory to permitted or conditional uses, and necessary for fhe operation thereof, with the exception of buildings. • ~o CHAPTER 12-10: OFF-STREET PARKING AND LOADING: SECTION 12-10-17: LEASING OF PARKING SPACES: ISSUE A previous worksession introduced a definition for the land use term "private club." There have been many cases where °`private club" has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. The Gateway Building, in the CSG District, leases parking spaces in accordance with Section 12-10-17, but is not listed as an appropriate zone district for this type of parking leasing. With the change to private club, the Gateway Building's private parking club will be legally nonconforming with regards to its leasing program. OPTIONS If no changes are made, the Gateway Building will fall into legal nonconformity, a status that staff tries to prevent at all casts. If we include CSC District in the allowed zane districts for leasing of parking spaces, the Gateway Building will be in compliance with the updated Code. RECOMMENDED CHANGES ?2-?0-?7: LEASING C)F PARKING SPACES: • B. Lease Qualifications; Application To Lease: A parking space, spaces or areas maybe leased by the owner, occupant or building manager thereof in accordance with the fallawing.• ?. Any owner, occupant or building manager who owns, occupies ar manages ten (?O) or more private parking spaces located in commercial core ?, commercial core 2, commercial core 3, (high density multiple-family, public accommodations, Lionshead mixed use ?, Lionshead mixed use 2, Commercial Service Cenfer or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the fawn for a permit fo lease parking spaces. CHAPTER 12-15 GROSS RESfDE11lTlAL FLC3DR AREA: SECTION /2-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): ISSUE In granting additional GRFA as regulated by the 250 Ordinance, there has been a lack of efficiency in the process due to the requirement for review by the Design Review Board in cases where the property is in compliance with all regulations but will have exterior alterations. In this case, there is generally little or no impact to the property itself and the 41 surrounding properties. A review by the DRB has added a burden to the process far applicants even when na improvements are required. OPTICINS If na changes are made, the 250 Ordinance will continue to reside under an inefficient process. The purpose of the 25q Ordinance was to allow far a Slight addition in GRFA while requiring improvements to the property In cases where campliar7ce is determined, it would create a mare efficient process far all review to be made by the Department of Community Development.. RECOMMENDED AME(~IDMENTS Section 72-15-5: ADDITIONAL GROSS RESIDENTIAL FL©OR AREA {250 ORDINANCEI: E: Procedure: ~:-~Gem~ian W r ~ {~ra~-tl~r.^ ~.*~ {r~whTsJ~- ;tee appEisa~ierr-+a~: c d~, fellswsa ~A ref ! ~d ".~--f e'Inri'r•Errscnf of r+nrrr rrfrrnifv rln~enlnnmeni_ u ~flaf,~~ ~ ~*~. ~^! ~nnrn~rr~iyl hii fho ~o siren raieiaiu ,,~,/J ~ ,f36ar~ .~'1 ~~~ "'f lhar-n-r'rci--voat~~: 34- Compliance Required: !f the department of community development staff determines that the site for which additional GRFA is applied for pursuant to this section does not comply wr'th minimum town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such Temporary or permanent certificate of occupancy will be issued for the additions! GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating haw the site will be brought into compliance with said town minimum standards, which plans and materials shall be reviewed by and approved by the department of community development. 45. Building Permit: Upon receiving the necessary approvals pursuanf to this section, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. • • ~~ • TITLE 13: SUBDIVISION REGULATIONS: CHAPTER 13-~: MAJOR SUBDIVISIONS: SECTION 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: ISSUE When applications for ma}or subdivisions are approved by the Planning and Environmental Commission, the Town Council only has 10 days to appeal the PEC dec(s(on. The ten days were written into the Code because at the time, Town Council met weekly, so ten days was enough time tv appeal any decisions by PEG. However, now Tawn Council only meets twice a month, making ten days inadequate for appeals. OPTIONS One option would be tv leave the time frame at ten days, which would continue to keep the Town Council from appealing PEC decisions. However, at the request of Town Council, staff request that ten days be changed to twenty days, an adequate amount of time to appeal. RECOMMENDED AMENDMENTS • 93-3-90: TOWN COUNGIL RIGhIT TO APPEAL: Within twenty (20) f days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council 6y fhe staff. The Caunci! may appeal the decision at fhe Planning and Environmental Commission within twee#y (2a} + days of the Planning and Environmental Commission's action. !f Council appeals the Planning and Environmental Commission decision., the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearings}, The Council shall have fhirfy (30) days to affirm, reverse, or affirm with madificafions the Planning and Environmental Commission decision, and fhe Council shall conduct the appeal at a regularly scheduled Council meeting. 43 CHAPTER 13-6: CONDOMINIUM AND TOWNHOUSE PLATS: SECTION 13-6-1: PLAT APPROVAL PROCEDURE: ISSUE The plat approval procedure in the Condominium and Townhouse Plats Chapter reference another Subsection rather than list submittal requirements. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. Generally, applicants come in and receive an individual Chapter rather than the whole Code. So, if all of the information. is within the Chapter, there is no confusion. hut, with all the referencing occurring, applicants may be confused or may not have all the necessary Chapters to get the whole picture of the development review process. References to Chapter 11 are not a problem, because they are pointing users to sample certificates to be included on the plat. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements directly in this Chapter. This will not alter the content of the requirements, but will outline them in the proper Section. RECOMMENDED AMENDMENTS 93-5-7: PLAT APPROVAL PROCEDURE: A. General Qualifications: Condominium and townhouse pfats whr'ch do not constitute "conversions" from rental as dellned in Section ~3-7-2 of this Title may be approved by the Adrninisfrator, subject to Qepartment of Public Works review. The plat will be reviewed under two (2) general criteria: 1. Per Approved Plan: Administrator will check to make ware the buildings and other improvements were built as per approved plan by the Design Review Board of the Town far consistency with the Zoning Cade and other applicable regulations. 2 Compliance: The Administrator ?'v:~•n ~n'"'n^^r will review the a... _ _. survey data for compliance with requirements found in Saubsection f3-6-98' of this Chapter. 8. Plat Submitfal Requirements: The condominium or townhouse plat and supplementary material shall contain the following: ine ~ ~~t2--~Sr, {^,r,,,.,:.,n thn rn.ti~~irnmanfC of ~S+e~ y, , , 4, al~n~ ti~'~~th th P. c.;~vn o}rrro r,F +ha r~~arn.nr m ~r #e~wnzhr~r-~ ~ nr end ^r.~+ss sestier~~ n~:s~i.:r)• }c ~es~rr°f,~;~detar-r~ir~e-' ~~,~^~~~~r ~;r c..n+~~/~ Y~r c Sd~ _rF !hn_ nrn;nnf _u.r~s~~ "'Y'.' c ~ IFS ~ t /1!fir~ee~-t€~138 44 • [~1111IT1 Y~CTTiI A L^ 2~l~: r :'iC ~ C F c~:1c' ~.~all-insl~rcie ~ C$4~#fd'6e~E3-rt41 f (9} The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably myfar) with dimensions of twenty four inches by thirty six inches (24" x 36"} and shall be at a scale of one hundred feet to one inch (9QO' to 9 ") or larger with margins of one and one- half to two inches (99/2" to 2"} on fhe left and one-half inch (9/2"} on aN other sides. (2} Accurate dimensions to fhe nearest one-hundredth (0.09} of a foot for al! lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas fo be reserved ar dedicated for public or common uses and other important features. All curves shat! be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in fhe field which must balance and close within a limit of one in fen thousand (90,OOQ}. (3}North arrow and graphic scale. (4}A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (~}An idenfificafion of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An idenfificafion of the easements as shown an the plat and a grant thereof fo the public use. Areas reserved for future public acquisition shall also be shown on the plat. (fi}A written survey descripfion of the area including fhe focal acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7}A description of all survey monuments, both found and set, which mark the boundaries of fhe subdivision, and a description of all monuments used in conducting the survey, 45 Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major confrof monuments, the maferials which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was determined. ()The proper plat title format for filing a pla# in the Town, as outlined in Section 93-91-7 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 17 of this Title as to the accuracy of fhe survey and plat, and fhaf fhe survey was performed by him/her in accordance with Colorado Revised Statutes title 38, article 51. (11)A certifica#e by an attorney admitted fa practice in the Sfafe, or corporate title insurer, fhaf fhe owner(s) of retard dedicating fo the public the public rights of why, areas ar facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 71 of this Title.) (92)The proper form far filing of fhe plat with the Eagle i Counfy Clerk and Recorder as per example in Chapter 71 of this Title. (13)Certificate of dedication and ownership as per example in Chapter ?1 of this Title. Should the certify""cats of dedication and ownership provide for a dedication of land ar improvement to fhe public, alI beneficiaries of deeds of frost and mortgage holders on said real property will be required fo sign fhe certificate of dedication and ownership in addition to the fee simple owner thereof. {?4)A certificate by fhe Treasurer of Eagle Counfy as outlined in Section 13-11-90 of this Title that will certify that the entire amount of faxes due and payable upon all parcels of real esfafe described an the plat are paid in full. (15) Floor plans, elevations and cross sections as necessary to accurately determine individual air spaces andlor other ownerships and if the project was built substantially the same as the approved plans. (1Sj A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. ~6 (17) Building locations must be included and tied to property corners with distances and angles. All property pins must 6e found or set and stated as such an map. CHAPTER 13-8: DUPLEX SUBDIVISIONS: SECTION 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS: IssuE The approval and submittal requirements in the Duplex Subdivis%ons Chapter reference another Subsection rather than list submittal requirements and procedure. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements and procedure direckly in this Chapter. This will not. alter the content of the requirements, but will outline them in the proper Section. ~ REC(7MMENDED AMENIDMENTS 13-F3-1: APPROVAL AND SUBMITTAL REG?l~'IREMENTS: 8. Submittal Requirements: 2. Plat Submittal Requirements: The duplex subdivision pfaf shall contain fhe following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducr'ble medium (preferably mylar) with dimensions of twenty four inches by fhirfy six inches (24" x 36") and shall be of a scale of one hundred feet to one inch ('100' fo 9 "} or larger with margins of one and one- half fo two inches (19/7" to ~'") an fhe left and one-half inch (9l2") on all ofher sides. b. Accurate dimensions to the nearest one-hundredth (0.09) of a foot for al! lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easemenfs, structures, areas to be reserved or dedicated for public or common uses and ofher important feafures. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord disfances and bearings. All dimensions, bath linear and 47 angular, are fo be determined by an accurate control survey in the field which must balance and close within a limit of one in fen thousand (10,UD~D}. (3}North arrow and graphic scale. (4}A systematic idenfificafion of all existing and proposed buildings, units, lots, blocks, and names for all sfreefs. (~}An identification of the sfreefs, alleys, parks, and other public areas ar facilr""ties as shown an fhe plaf, and a dedication thereof to fhe public use. An idenfificatian of the easements as shown on the plat and a grant thereof to fhe public use. Areas reserved for future public acquisifian shall also be shown an fhe plat. (6)A wriften survey description of the area including the focal acreage to the nearest appropriate significant figure. The acreage of each laf or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monumenfs used in conducting the survey. Monument perime#er per Colorado Statutes. Two (2) perimeter monuments shale be established as major confrol monuments, the materials which shall be determined by fhe Town Engineer. (8)A statement by the land surveyor explaining how bearing ,base was determined. (9} The proper plat title format for filing a plat in the Town, as outlined in Section 93-77-7 of this Tifle. (90}A certificate by the registered land surveyor as outlined in Chapter 99 of this Title as to fhe accuracy of the survey and plat, and that the survey was performed by himlher in accordance with Colorado Revised Sfafutes title 38, article 57. (19)A certificate by an attorney admitted to practice in the State, ar corporate Title insurer, that fhe owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown fhereon are the owners (hereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 71 of this Title.} 48 (92)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 77 of this Title. (~3}Certificate of dedication and ownership as per example in Chapter 77 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real properfy will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (94)A certificate by the Treasurer of Eagle County as outlined in Section 93-99-10 of this Title that will certify that the entire amount of taxes due anal payable open all parcels of real estate described on the plat are paid in full. (95J ©eclarations; Govenants: A copy of the declarations and/or covenants attached to the subdivision to assure the ,maintenance of any common areas which are being created. C. Procedure: '~~ a ~-~'itier~ Upon receiving two {2) 'copies of a complete submittal along with payment of the appropriate fee, the Administrator shall route one copy of fhe site map to the Town Engineer for hisfher review. The Administrator shall then conduct his/her review concurrently. The Town Engineer shall review the submittal and return comments and notifications to fhe Administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14J days fo the applicant. The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originalty approved plan or failure to make other required rnodificatians on the plat 43 CHAPTER 1 ~-8: DUPLEX SUBDIVISIONS: SECTION ?~-8-Z: CRITERIA FOR REVIEW: ISSUE The criteria for review of a duplex subdivision are very vague and' therefore, can be challenged. in court. The Administrator needs to have criteria to evaluate a duplex subdivision, as well as necessary findings to make for each application. The title of the Section needs to be updated to reflect any changes. OPTIONS The option of leaving the criteria as they are could cause applications to be challenged in court, with weak criteria and no necessary findings clearly outlined in this Chapter. The other option is the recommended tex# amendments that will clearly outline basic criteria. and necessary findings, These criteria and necessary findings are the basic principles necessary to evaluate a duplex subdivision. 17ED AMENDMENTS 13-8-2: CRITERl.4 AND NECESSARY FINDINGS env D~-i~~~,~i. -The=-~#~aple!~ cc. :Mf ~~s ~~~~ ~. _. A. The following criteria shall be used by fhe Administrator in evaluating fhe proposed subdivision. !t shall be fhe burden of the applicant to demonstrate that submittal maferial and fhe proposed subdivisian comply with each of the following standards, or demonsfrafe thaf one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: (?) Compliance with all requirements of Title ?2, Zoning Regulations; and (2) Conformity to Design Review Board approved plans; and (3J Accurateness and integrity of fhe survey data found on the plat. B. Necessary Findings: The Administrator shall find that fhe Duplex Subdivision complies with the criteria in Subsection ?3-8-2A of Phis Article and that the plat conforms with the requirements of ?3-8-?B-2 of this Chapter. ~a • CHAPTER '13-9: SINGLE-FAMILY SUBDIVISIONS: SECTION 93-9-9: APPR©VAL AND SUB1V11TTAL REQUIREMENTS: ISSUE .. . The approval and submittal requirements in the Single-family Subd'ovisions Chapter reference another Subsection rather than list submittal requirements and procedure. While referencing another area of the Code is a way to save space, it is not an effcient way of sharing information with applicants. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with crass referencing in the Code. The best option is to place ail submittal requirements and procedure directiy in this Chapter, This will not change the content of the Code, but rather shift information to khe appropriate Chapters. RECOMMENDED AMENDMENTS 13-9-9: Approval and Submittal Requirements: B. Submittal Requirements: 2. Plat Submittal Requirements: The subdivision plat sha11 contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (2~" x 36"j and shall be at a scale of one hundred feet to one Inch {904' to ? ") or larger with margins of one and one- half to two inches (99/2" to 2") on the left and one-half inch (9/2") on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.49) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. A11 curves shag be circular arcs and shall be defy"ned by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in fen thousand (90,400). (3)Nor-th arrow and graphic scale. (~4)A systematic identification of all existing and proposed buildings, units, Iots, blocks, and names far alf streets. 5T (3}An idenfificafion of the streets, alleys, parks, and ofher public areas or facilities as shown on the plat, and a dedication thereof to fhe public use. An identification of fhe easements as shown vn the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. (6}A written survey description of the area including fhe tofal acreage fo the nearest appropriate significant figure. The acreage of each lof or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, Which mark the boundaries of the subdivision, and a description of all monuments used~in conducting the survey. Monument perimeter per Colorado Stafutes. Two (2} perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer (8}A statement ,by the land surveyor explaining how bearing base was determined (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-'J9-1 of this Title. (10}A certificate by the registered land surveyor as outlined in Chapter 77 of Phis Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado 14evised Statutes title 38, article 57. (1 f}A certificate by an attorney admitted to practice in State, or corporate title insurer, that the owner(s) of rec~ dedicating to the public fhe public rights of way, areas facilities as shown thereon are the owners thereof in simple, free and clear of all liens and encumbrances exc as noted. (See example in Chapter ? ~ of this Title.) (12}The proper form for filing of the plat with the ,Eagle County Clerk and I?ecorder as per example in Chapter 17 of this Title. • (f3)Certificafe of dedication and ownership as per example in Chapter 71 of this Title. Should the cerfificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property wr"11 be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. sz • • (14}A certificate by the Treasurer of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. ~_ Declarations And Covenants: A copy of declarations and/or covenants relating to the subdivision which shall assure the maintenance of any common areas which may be created. The covenants shall run with the land and shaft be in a form suitable for recordatr`on with fhe Eagle County Clerk and Recorder. C. Procedure: ThT' be we fit F~er~la-~~- r~hsasTien 'f~ ~ 1~G of the Title-tiarifh the "gin ~,,.~,,~ F~~,., Upon receiving two (2) copies of a complefe submiffal along with payment of the appropriate fee, the Administrafor shall route one copy of the life map to fhe Tawn Engineer for his/her review. The Administrator shall fhen conducf his/her review concurrently. The Town Engineer shall review fhe submiffal and return comments and notifications fo fhe Administrator who shall transmif the approval, disapproval or approval wr"fh modifications of fhe plat within fourteen (14) days fo the applicant The Administrator shall sign fhe plaf it approved or require modifications on the plaf for approval or deny approval due fo inconsisfencies with the originally approved plan or failure to make other required modifications on the plaf. CHARTER 13-9: SINGLE-FAIW'IILY SUBDIVISIONS: SECTION 13-9-3: CRITERIA FOR REVIEW: ISSUE ._._...~ .. .... The criteria for review of asingle-family subdivision are very vague and therefore, can tae challenged in court.. The Administrator needs to have criteria to evaluate asingle- familysubdivision, as well as necessary findings to make for each application. The title of the Section also needs to be updated to reflect any changes. OPTIONS The option of leaving the criteria as they are could cause applications to be challenged in court, with weak criteria and no necessary findings clearly outlined in this Chapter. The other option is the recommended text amendments that will clearly outline basic criteria and necessary findings. These criteria and necessary Endings are the basic principles necessary to evaluate asingle-family subdivision. 53 RECOMMENDED AMENDMENTS ~ 73-9-3: (C'1,ppRITALrp'R!A AND 1VECESSARY FINDINGS !~~nc~ n,~irr~~nr• ~47\ \I .r dY vl'1 FYIAl 'f~ ~. 7.~nin~v Plr~in.~nnri47 ~.Arifh re nnn C~ ~a 1 C.'7 -et#bl' ~i 1~7 , aNf! !'f :~f ~y9;~9vBd-~}~-t#e-'~_^^%~n o~.~^G~9~Bf ~';"n~ei~`~ ~ni-/ infar~riFii sit }hn ciin •~~~ A, The following criteria shall be used by the Administrator in evaluating fhe proposed subdivision. . It shall be the burden of fhe applicant fo demonstrate That submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with fhe public interest has been achieved: (9} Compliance with all requirements of Title 92, Zoning Regulations; and (2f Conformity to Design Review Board approved plans, and (3) Accurateness and integrity of the survey data found on fhe plat. B. Necessary findings: The Administrator shall find that the Duplex Subdivision complies wi#h fhe criteria in Subsection 13-8-2A of this Article and that fhe plat conforms with fhe requirements of 93-$-18-2 of this Chapter. • ~a TITLE 14: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-6: GRADING STANDARDS: ISSUE While there are general requirements for construction fences, there are na specific codified guidelines far the type of construction fence that Public Works requires in Vail Village and I_ianshead, as defined by the respective master plans. OPTIONS Without any action, Public Works will still require specific fencing regulations in Vail Village and R~ionshead, but will not have their requiremen#s codified. This could create a problem with construction properties challenging the requirement. The other option is to codify the requirements, which will clear up any confusion among applicants with regards to fencing during construction. RECOMMENDED CHANGES Construction f=ence • All areas to be protected shall have anon-removable construction fence or other approved device placed around the areas to be protected. Within the Vail Village and Lianshead core areas, as defined by the Vail Village Master Plan and Llonshead Redevelopment Master Plan, construction fence shall be six (6) to eight (8) feet in height and constructed out of plywood (painted green) or chain link fence wi#h green mesh windscreens. CHAPTER 14-1U; DESIGN REVIEW STANDARDS AND GUIDELINES: ARTICLE 14-1aC: ARCHITECTURAL PRO.iECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: ISSUE ....._. .... This Article outlines how far porches, steps, decks, etc can protrude into the required setbacks. In some cases, however, there is a hardship such as steep grades or adjacent wetlands that requires an applicant to pursue a means of egress that intrudes even fur€her into the setbacks. OPTIONS The option of doing nothing would continue to raise problems for applicants who need to put stairs further into the setback than allowed, In that case, the applicant would have to apply for a setback variance, causing the process to take much longer. If the Administrator feels that the applicant does not. have any choice in putting stairs further into a setback, this clarification can help move the process along faster and more efficiently. 55 • RECOMMENDED AMENDMENTS 94-10C. Architectural Projections, Decks, Balconies, S#eps, Bay Windows, etc.: 9. Porches, steps, decks or terraces or similar features locafed at ground level or within flue feet {5') of ground Level may project not more than ten feet {90~ nor more than one-half {'/~ the minimum required dimension Info a required setback area, or may project not more Phan five feet {b) nor more than one- fourth {'I4y the minimum required dimension r'nto a required distance between buildings. Steps thaf form an exit discharge may ,project into a required setback area to the degree necessary to conform with the adopfed building code's means of egress standards, at the discretion of the Administrator. ARTICLE 14-90,E: DUPLEJCAND PRIMARYISECQIVDARYDEVELOPMEIVT: ISSUE While the requirements for architecturally integrated structures with unified site development as well as the ability to separate the garage when site constraints exist only apply currently to duplex and primaryfseeondarydeoelopment within the Code, these standards are regularly applied to all residential development. It is important to update the Code to reflect the standards we apply to all residential development in Vail, . OPTIONS If there is no change made to the Code, applicants will challenge the requirement of architectural integration in residential development such as multiple family. It is of great importance that this requirement holds for all residential development or the Town of Vail could start to see multiple family developments with various opposing design features. Also, it is necessary to allow for the separation of garages when site constraints exist in all residential development. Residential dwelling units of all types deserve the right to a garage, even with site constraints. RECOMMENDED AMENDMENTS 74-70. Design Review Standards and Guidelines. E. ~r;~lr~,r gad Residential Development: 7. The purpose of this Section is to ensure that ~, r 'nff pritnarY~"seF~da~ residential developmenf be designed !n a manner that creates an architecturally integrated structure with unified site development. Dwelling unify and garages steal! be desrgned within a single sfructure, except as set forth in 56 Ssubsection 2 below, with the use of unified architectural and landscape design. A single structure steal! have common roofs and building walls that create enclosed space substantiaNy above grade. Unified architecture! and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof fomas, massing, architectural detar'Is, site grading and landscape materials and features. 2. The presence of significant site constrainfs may permit the physical separation of units and garages an a site. The defem~ination of whether or .not a Iot has significant site constraints shall be made by the Design Review Board. Significant site constraints shall be defined as natural features of a Iot such as stands of mafure trees, natural drainages, stream courses and other natural water features, rack outcroppings, wetlands, other natural features, and exr"sfr'ng structures That may create practical difficulties in the site planning and development of a lat. Slope may be considered a physical site constraint that allaws for the separation of a garage from a unit. !f shall be the applicant's responsibility to request a determinatioon from the Design Review Board as to whether or net a site has significant site canstraints before final design work an the project is presented This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). 3. ~ lc:r ~~ fir. 14esidential development may be designed to accommodate the development of dwelling units and garages in more Phan one structure if fhe Design Review Board determines that significant site cansfrainfs exist on the lot. The use of unified architecture! and landscape design as outlined herein shall be required for the development. !n addition, the Design Review Board may require That one or more of the following common design elements such as fences, wa11s, patios, decks, retaining walls, walkways, landscape elements, or ofher architectural features be incarporafed to create unified site development. 57 VII. CRITERIA AND FINDINGS A. The review criteria and factors for consideration far a request of a text amendment from Title 11, 13 and 14 are very general statements that point to the purpose of these Titles and what criteria should be used in determining if an amendment is to be adopted. Staff believes that these text amendments follow in accordance with the purpose and intent of these Titles, as the text amendments are ail in line with the public interest and serve to improve the Code. The review criteria and factors for consideration far a request of a text amendment from Title 12 are established in accordance with the provisions of Chapter 12-3, Vai! Tawn Code. As there are na formal criteria far 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 Reaardina the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11, 12, 13, and 14. The text amendments create a mare comprehensive, clear and concise Code that will promote the general welfare of the community, which is the most applicable purpose in common among the pertinent Titles. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development. objectives of the Town. 3. The extent to which the text amendment demonstrates haw conditions have substantially changed since the adoption of the subject regulation and haw the existing regulation is na longer appropriate ar is inapplicable; and Staff believes that the proposed tex# 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 Qepartment of Community Development as well as the Tawn of Vail. 4. The extent to which the text amendment provides a harmonious, 58 convenient, workable relationship among land use regale#iions 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 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 farwardina a recommendation of aoaraval far a text amendment: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Review Handbook; and 3. Thal 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. Vlll. STAFF RECQMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Tawn Council for the propased text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Tawn Cade, in Section VI and Attachment I of this memo for proposed "'house keeping" amendments and/ar corrections. Should the Planning and Environmental Commission choose to approve these propased text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and' Environmental Commissr`on forwards a recommendation of approve! with conditions to fhe Town Council the Town of Veil's request far proposed text amendments to Title 91, Title 12, Title 13 and Title 74, Vail Town Code, for proposed `"house keeping" amendments and~'or corrections. " 59 Staff s recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments staff recommends that the following findings be incorporated into a motion: "1. That the amendments are consistent wr"th fhe applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of fhe Town, and 2. That fhe amendments further the general and specific purposes of the 5r'gn, Zoning and Subdivision Regulations and the aevelopmenf Sfandards Handbook; and 3. That the amendments promote fhe health, safefy, 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 quail#y.'° Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the following condition: "7. Prior fo submitting a report of proposed #ext amendments to Town Council, staff may add #ext amendments to speNing and grammatical errors in fhe Vai! Town Code to said reparf." IX. ATTACHMENTS A. Report on Proposed Text Amendments To Vail Town Code • ~o Attachmen#: A L..J ~PO~T o~ PROPO~n TEST AlVLEI`~1DMENTS T (]- VAIL T ~~Vl`~T C [)I3 E • Prepared by: Rachel Friede The Department of Community Development T'awn of Vail October, 2fJ05 • • T1TLE 97: S1GN REGULA T10NS CHAPTER 1~-~: DESCRIPTION, PURPOSE, AND APPLICABILITY: SECTION 11-1-7: DESCRIPTION: SECTION 9?-7-2; PURPOSE: SECTION 17-1-3; APPLICAB1t1TY: IssuE There are numerous capitalization errors, such as Title, Code and Design Review Board, OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the words can be, capitaiized. RECDMMENDED AMENDMENTS 11-7-1: DESCRIPTION: This Ttitle may be cited as fhe SIGN' REGULATIONS for fhe Ttown, and shall be incorporated as Ttitle ? 1 of this Csode. • 17'-1-2: PURPOSE: A. Genera! Purpose: These regulations are enacfed far fhe purpose of promoting the healfh, safety, morals, and genera! welfare of fhe T;cown of Vail and to promote the coordinated and harmonious design and placement of signs in the Ttown in a manner that will conserve and enhance its natural envr`ronmenf and its established character as a resort and residential community of the highest quality. 8. Specific Purpose: These regulafivns are intended fo achieve the following specific purposes: 1. Ta describe and enable the fair and consistent enforcement of signs in the Ttown of Vail. ~ 9-7-3: APPLICABILITY: Except as provided elsewhere in fhis Ttitle, the design, placement, and use of any signs shall be in compliance with al! of the regulations specified in fhis Ttitle. All signs in the Ttvwn of Vai! are subject fv the design guidelines and standards (Ssection 71-5-1 of this Ttitle) and review by the Dslesign Rreview Bboard (flR6). CHAPTER 11-2: QEI'INITIi~NS: i~~ SECTION 1i-2-Z DEFINITIONS ENUMERATED: ISSUE There is a grammatical error to the definitions of "Residential Nameplate Sign." OPTIONS The error can remain ar a text amendment can easily fix this mistake. RECOMMENDED AMENDMENT 1 ?-2-1 DEFINITIONS ENUMERATED: RESIDENTIAL NAMEPLATE SIGN_~ A sign erected for the sale purpose of identifying fhe inha6itanf(s) residing (herein, and/or the house name or address, which ~ shall not contain advertising of any kind. ISSUE There are many terms in the Sign Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of the Sign Regulations. OPTIONS Withput any changes, the Sign ~iegulatipns will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Qefinitions chapter of the Sign Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS Add fhe following to 77-2-1: BALLOON: A flexible bag designed fo be inflated with hat air or with a gas, such as helium, fhaf is lighter than fhe surrounding air, causing if fo rise and float in fhe afmosphere. BUSINESS, VACATED: A commercial enfify that has been closed and vacated fvr more than ninety (90) days without intenf to reopen. PLAQUE, DEDICATION: A plate, slab, or disk fhaf is ornamented or engraved far mounting, as vn a wall or fhe ground, in order to honor a person or persons, or to denote transfer of fhe property fo fhe public for public use. SIGN, ENTERTAINMENT: A sign (hat serves to advertise a visual ar audio media format, including but root limited to movies, television shows and audio CDs or records. SIGN, GARAGE SALE: (Also referred fo as YARD SALE SIGN): A temporary sign fhaf announces a garage safe ar similar event. SIGN, MEMORIAL: A sign (hat commemorates an even( or person(s) and is placed on a memorial life, including a memorial fountain yr statue. SIGN, OFFICIAL GOVERNMENT: A sign that is sancfioned by the Town of Vail fvr public use, including directional signs, to control traffic or for other regufafory purposes. SIGN, PRIVATE NO PARKING: A sign on private property fhaf alerts others of non-public parking space. • • 2 SIGN, PROHIBITED: A sign that is not allowed wifhin fhe Town of Vail, or within a specific zone district of fhe Town of Vail SIGN, PUBLIC INFORMATION: A sign, display board or kiosk fhaf is consiruc#ed, erected and maintar`ned by the Town of Vail, or with the permission thereof, in order fo inform fhe public of public amenities, community activities, special events, and personal information. SIGN, SALE: A sign fhaf identifies a discounting of merchandise is taking place wifhin the commercial establishment. SIGNS, EXEMPT: A sign fhaf is not subject fo fhe regulations of this Title. TABLET: A slab or plaque with a surface that is intended for or bears an inscription. ISSUE There are numerous definitions khat reference other terms or subsections of the Code. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. f]PTIONS A "no action" approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more comprehensive definitions section of Title 11 with each definition clearly outlined. RECOMMENDS© ANJEND,II/lE1NTS :7 AGGRIEVED PERSON. ^^ .,vn a ~ ;:~-in a t,~~o ;tom; 'r "'_~ca'' „f f~,.~ c~~ Any person who will suffer an adverse effect fo an interest protected or furthered by this title. The alleged adverse interest maybe shared r'n common with other members of fhe community of .large, but shall exceed in degree fhe general irrferesf in community goad shared by all persons. DISPLAY BOARD; ~~e-~~f: ;fi^n ^{" e~„F ~~ (Also Known As A MENU BOX): A freestanding or wall sign enclosed in glass for fhe express purpose of displaying menus, real estate listings, entertainment options, or hems related fo the advertised business; allowed of eating and drinking establishments, real estate businesses and movie theaters only. S1GN, HANGING Sl6-AJ; See-de#ir~ifren ~f :~r8j26i~rs ei~ (Also referred fo as PROJECTING SIGN) A sign that is attached to a building, extending horizontally beyond the surface of the building to which if is attached. SIGN, PROJECTING SINAI: (Also referred fo as a HANGING SIGN) A sign fhaf is attached fa a building, extending horizontally beyond the surface of fhe building to which if rs attached. SIZE: (See also demos-e€ARE',4, SIGN.) The dimension of a sign, determined by the type of sign, as further regulated by Chapter 6, "Business And Building Identification Signs", of this Title. ISSUE During Vaii's Billion Dollar Renewal, there has been confusion among applicants as to which Sign Regulations apply to particular projects. There are regulations for Temporary Sike Development Signs, but they da not match the Tawn Council approved regulat'rans for signs during the renewal. (~I'TIQ{VS While one option is to do nothing, this will result in continued confusion during the renewal process. Another option is to unify all the signs related to construction, but this would take away from the Temporary Site Development Signs' ability to promote Vail's Billion ®allar Renewal. Staff feels that construction sign and temporary site development sign should be clarified to create two separate terms, one for major development periods, and the other far general construction. Staff is recommending revamping the Temporary Site Development Sign regulations and creating Construction Sign regulations below. In the future, ap,~licants will have a clear understanding of which signs apply to their projects. Staff will also have codified standards from which to regulate. RECOMMENDED AMENDMENTS SIGN, COIUSTRUCTIOIV ~10A1: nee--d~„n't:^~ d# T^,,.,~,^r^~ c;~„ -r c~~~ D7 P7 v~cc na„o ~e~nrnnnf e;.-rn q sign permitted to identify a protect under construction and fhe associated hazardous conditions as further regulated by Section 71-T-13, Vail Town Code. TEMPORARY SITE D~EVEL4PME1V7 SIGN: A sign permitted to identify and describe a pr©ject under earrsfructiorr and the assocr'afed hazardous conditions, during Large scale development periods as determined by the Vail Town Council, as further regulafed by Section 91-7-6, Vail Town Code. ih,a~r-na# irfsl~r~iG`~e~rc~je~~ .rs,~~ ~ns~-adafre~o; a 1~~7r ~+ifo .-la.r~lnnrrrnnf_e~iren m~.t nrn+ in.~+lrerlo #hn n!`.'i'?C .P rYOnarol non}r~nf C~ra ~+ +fj r~~l onfofn ~.-ranfr rer nfhar nnrcnnc in}~arein Fli..r lr ne~r~ninfe~r• ra[iFh fharlnrralnnrnnn} rv.ra.~r .-. V.~rVV.M~VV r•rarr arrv ~crv rvrv~cn rrvrrc: ISSUE Using both "business frontage" and "linear frontage" to describe various frontages of a building has created confusion in applying the Sign Regulations. QPTIdNS If the terms remain the same, there will continue to be confusion regarding frontages. This can lead to confusion as to haw many signs can be displayed on a property. By only using Linear Frontage instead of lousiness frontage, one uniform term applies to all frontages. In the case of business frontages, refer to the Linear Frontage of a business. 4 RECOMMENDED AMENDMENTS FRQNTAGE, LINEAR: The horizontal, lineal dimension of any side of a first story, second story, or other above grade level. When more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own linear frontage, FRC7NTAGE, BUILDING: The horizontal, lineal dimension Qf any side of a building that has a usable public entrance upon a major vehicular or pedestrian way or other major circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have ifs own linear-bus%aes~franfage. ~~1~!'~1T-Afi~~L~~~`E': fih„ -,~r,~~,,,t„1~ r;~~.,r „~i.,,,,.,~.~„~ „f „n~, ~i~}o r.f ~ firoi cf ,J f r ~fhnr o~n~aF. ~~~+ .~,^ s~~hr„ r.„hren Ef3t"11nC°--Ef~."C C 7~c`~j8i~h1.~: ~' pedestr-iar~-w~a~r cr ~:: cr°°~.~-'A!h~r~ rnar~ .',fan ~f~t~+ C~~lpt£a ~+ ~~~tr ~~~ t~r~ 7~ntrenev n nrrh lin nnfronna fr. !„ ti rrfili ~*~fi r+{-,., 11 Fto nnncirlara.~ fn 1-tolFl~ r n bus~o:r.: irentag$ CHAPTER 11-3: ADMINISTRATION: SECTIQN 11-3-2: L1A6lL1TY: ISSUE There are numerous capitalization and spelling errors. OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the errors can be corrected as shown in the rec©mmendatian. RECOMMENDED AMENDMENT 91-3-2; LlAB1LlTY.- The provisions of this 7tifle sha11 not limit the liability of any person who erects or owns any sign from personal Injury or property damage resulting from the placing of a sign, or resulting from the negligence or ~ilf~l willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of arty sign erected in accordance with a petmif issued under the provisions of Phis Ttitle. The provisions of this Tfitle shall not impose upon the Ttown of Vail, its officers, employees, or the Ddesign Rtreview Bboard, any responsibility or liability by reason of the approval of arty sr`gn. CHAPTER 91-3: ADMINISTRATION: SECTI(7N 11-3-3: PRESCRIBED REGULATIONS AMENDMENT: (NEVII SECTI4Ny ISSUE There are no applicable factors and necessary findings to review proposed text amendments to the Sign Regulations. OPTl4NS Currently, staff uses factors and necessary findings from the Zoning Regulations, as well as consideration of the purpose of the Sign Regulations. Staff feels that factors and necessary findings need to be written into the Sign Regulations to give PEC and the Town Council a legally binding procedure. RECt3MMENDED AMENDMENT Enact a new section, 11-3-3: Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this Title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: (1} The extent to which the text amendment furthers the general and specific purposes of the Sign Regulations; and (2} The ex#en# to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (3~ The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4~ The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the PEC andlor Town Council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending andlor granting an approval of an application for a text amendment, the Planning and' Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (2y That the amendment furthers the general and specific purposes of the Sign Regula#iions; and (3~ That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment 6 and its estakalished character as a resort and residentiiat community of the highest duality. CHAPTER 11-5: RESIGN GUIDELINES AND STANDARDS SECTION 71-5-2: DESIGN GUIDELINES ISSUE There should be a hyphen in the word "nonreflective," agrammatical error. ©PTIONS The error can remain, with no serious consequences except an unprofessional looking Code. Or, the word can be fixed. REC©MMENDED AMENDMENT 11-5-2: DESIGN GUIDELINES G. fie composed of predominately natural materials which may include, but are not limited to, painted, stained, solid,. or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; n.~nrnFlnnfi~io rlOr7_reflective glass and stained glass; other naturally textured building materials. CHAPTER 11-6: BUSINESS AND BUILDING IDENTIFICATION SIGNS SECTION 11-fi-1: PURPOSE AND DESCRIPTION: ISSUE ~~ There is a grammatical error and two capitalization errors. OPTIONS The errors can remain or they can tie fixed, which will create a more professional looking Code. RECOMMENDED AMENDMENTS • SI=CTION 11-6-3: BUSINESS SIGNS; 71-6-7: PUi4POSE AND DESCl~lPT10N: 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 perfinent to the advertised enterprise. This Cshapter covers all of fhe technical information related to business and building identification signs. A!1 business and building identification signs shall comply to with the standards outlined in this Cshapfer and shall be subjecf to design review. 7 SECTION 11-6-4: BUILDING IDENTIFICATION SIGNS: ISSUE One of the text amendments to Section 11-2-1 is the removal of the term °'business frontage," with the intention of changing this term in the Code to "linear frontage of a business." This issue has come up due to confusion of applicants aver the Sign Regulations. OPTIONS If there are no changes made, the places that reference "business frontage" will be even more confusing without a definition. With the changes to replace "`business frontage" with `"linear frontage of a business," there wiil be less terms being used to determine quantity of signage on buildings. RECOMMENDED AMENDMENTS 11-6-3: BUSINESS SIGNS: B. Sign District 2 (SD 2); Number, Area, Height, And Special Provisions Of Business Signs: 1. Wall and projectinglhanging signs: a. Number: One per linear "~iT~aa frontage of a business on a major pedestrian or vehicular way with a maximum of three (3) per business. D. Sign District 2 (SD 2); Measuring Linear Busiress Frontage Far 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 (15C}'}, in which case that building shall be entitled to two (2} joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. CHAPTER 11-7: OTHER SIGNS SECTION 11-7-3: PUBLIC INFORMATION SIGNS: ISSUE This Section is not fallowing. the same format as other specific Sign Regulations. • OPTIONS If we do nothing, we will be doing a disservice #a the Code, which needs to be formatted universally. In this case, the content of Section 11-7-3, Vail Town Code, was reworded 8 • to reflect the format of other sign regulations within Title 11, Vail Town Code, This proposed text amendment does not change the meaning of this regulation in any way. RECOMMENDED AMENDMENT SECTION 11-?-6: TE SECTION 1?-7-13: C 7 9-7-3: P'UEL1C INFC7RMA TION SIGNS: A. Description: All public information signs shall be€~s#-€e uncer,n rn„in,e, 3n.~ Include any display board ar kiosk With the intended use of locating posters, handouts, and cards identifying communify activities, special events, and personal information. B< Size, height, number, locatr`on, design, Lighting and Landscaping: Subject to design review. C. Special Provisions: All display boards and kiosks shalt be constructed, erected, and maintained by the Ttown of Vail or with the permission (hereof. iMPORARY SITE DEVELOPMENT SIGNS: '©NSTRUCTI4N SIGNS: {NEW SECTION) ISSUE There is confusion as to what a "Temporary Site Development Sign" is and what projects are applicable. Public Works' sign program for the Billion Dollar Renewal outlines rules for signs that run contrary to the Sign Regulations OPTIONS If nothing is done, there wi[I be continued confusion from applicants as to what signs are required on construction sites. As Temporary Site ^evelopment Signs will be linked to major development periods in Vail, such as the Billion Dollar Renewal, the Code needs to reflect the Town Council approved sign program introduced by the department of public Works. Text amendments will clarify the difference between "Temporary Site Development Signs" and "Construction Signs," changing the regulations for "temporary site development signs" to reflect the Public Works rules and creating a Section on "construction signs." RECOMMENDED AM,E'NDMENTS • 99-7-fi: TEMPORARY SITE DEVELOPMENT SIGNS: A. Description: FA-~`e~n~~ ~i#~~~~n^n~s'~n .irdes af~siSn sl~r'~C wr ;r/nnfifinc e~ln,inlnmm~n# .,f rn71 nersnor},r t~n~ler.7oo: ~c#~~.~A sign permitted to identify and describe a project under construction and the associated hazardous conditions during large scale development periods as determined by the Town Council. 9. Size: Any site development sign steal! not exceed fi.r~~.- J ?o; ...,~~....... ., ..................,....,~, u......,.,,..,,...,, ~.,,,.,r....~............. `ten''.---,Forty-fwo (42) inches by iFifty-three {53) inches in dimension, 2.-lleig~,~L-T-ktc }cF a:" c r~r-r-sl~a f (>?; frnm rvrorln 2~f.Number: One sign per building frontage upon a sife. 34. LoCatlon: A ,ainll mneenFnrl e+irv.~ ~hol! ten nl+~nnrl n~rollnl f.~ fhn ~~ .r r}~.D~llili^lin~~e~l~v a~~~ ~C~th ionf +n .,io ci.,ln raroiatel._ Signs shall be mounted on cons#rucfion fencing. In the absence of construction fencing, a two-sided sign mounted on a four by four (4x4) inch posf may be placed within a Landscaped planter. ~c~in~nl~ L'`,~innf fn !^innirvn rnlFlnlA! 4fi. lighting: Not permitted. ~. Special Provisions: Temporary site development signs shall be removed prior to the issuance of a temporary certificate of occupancy. 6. Content: No content other than Listed below shall be included on a Temporary Site Development SLgn. A. Temporary Site Development Signs shall include the following information: (1) Project Name (2J Building Permif Number (3) Contact lnformafion: Qnly one name ,and one phone number shall be permitted. (4) Physical address. B. Temporary Site Development Signs may include the following information: (1) Staff approved development slogans. (2) Brief factual description of the project. (3) Website address. (4) Artist Rendering. (5J Proposed completion date. RECOMMENDED AMENDMENT Enact a new section, 11-~-93 Construction Signs, to read. 1 ~-7-13: CONSTRUCTION SIGNS A. Description: A sign permitted to Ldentify and describe a project under construction and the associated hazardous conditions. ~. Size: Any construction sign shall not exceed twenty (20} square feet, with a horizontal dimension no greater than ten feet (9 ~. 2. Height: The tap of a sign shall be no higher than eight feet ($} from grade. 3. Number: ()ne sign per site. 4. Location: A wall mounted sign shall be placed' parallel to the exterior wall adjacent to the street ar major pedestrianway which the building abuts and sha11 be subject to design review. If no wall exists far sign to be placed, the sign may be mounted on the construction fence. 5. Lighting: Not permitted. 6. Special Fravisions: Construction signs shall be removed prior to the issuance of a temporary certificate of occupancy. 10 • 7. Content: Only the following text shall be included on construction signs with no other content permitted: a. Project name b. Building permit number c. Contact information: Only one name and one phone number is permiffed. d. Physical address. CHAPTER 11-8: SIGN PROGRAMS SECTION 11-8-2: CRITERIA: ISSUE There is a grammatical error and a capitalization error. OPTIONS We can let the errors remain or we can correct them. I4ECOMMENDED AMENDMENTS • ~ ~-s-~: c,~IrEI~IA: Sign programs shall be required for all new or demolished/rebuilt multi-family residential projects and far new or demolished/rebuilt commercial projects, Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilitr`es) or for redevelopment projects at the dr`scretion of the staff. Existing multi-tenant ma alfait commercia! buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines fisted in fhis Ttifle. CHAPTER 11-14: VARIANCES AND APPEALS: SECTION 71-70-1: VARIANCES: SECTION 71-90-z: APPEAL OFA VARIANCE: ISSUE There are numerous capitalization errors. OPTIONS We can let the errors remain, ar we can correct them. RECOMMENDED AMENDMENTS • 1 ~-7Q-9: VARIANCES: A. Purpose: A variance from the 5sign Rfegulations consfitutes relief from the strict interpretation of fhe standards and may be granted by the Pfanning and Environmental Commission{PEC) in cases where there exists a physical limitation that prevents fhe existence, 11 placement, or operation of a sign in compliance with the standards of this r#itle. B. Application Procedure: An application far a variance from the sign regulations may be obtained from fhe Csommunify I3a~evelopment Ddepartment. The variance application must include a sign permit applicafion, fhe applicant's reasons for requesting a variance, and a nonrefundable fee determined by fhe Toown Csouncil as set forth by Toown ordinances. The staff shall set a dafe for a hearing before the ^'°nn;n^ ^^~ ~n~r}~'^nm°~f^' °^~~.~ ^~~~iorTPlanning and Environmenfal Commission once fhe c©mplefe application has been received. 11-1 D-2: APPEAL (?F A VARIANCE: An appeal to the Town Council ,#evv~nsil of a Planning and Environmenfa! Commission~fa~-r+~,~ Ord .. ^^^n (PEC) decision an a sign variance application maybe made in accordance with the appeal process (Ssecfion 12-3-3 of Phis Csode). • • 12 TITLE 12: ZONING REGULATIONS CHAPT(_R 12-1: TITLE, PURPOSE AND APPLICABILITY: SECTION 12-1-1: TITLE: ISSUE The Zoning Regulations and the Vail Town Code are incorrectly referenced in the Title Section. OPTIONS We can let the errors remain which would cause continued confusion as to how to formally and informal refer to the Zoning Regulations and the Code. The changes will clarify any confusion. RECOMMENDED AMENDMENTS 12-7-1: TITLE: This Title maybe cited as the ZONING REGULATI(3NS ~f-TL€ iar the Town, and shall form and be incorporated as Title 92 of the Town Code of Vail, Colorado, otherwise referred to as "Vail Tbwn Code mail. " CHAPTER 12-2 QEFINITIONS: SECTION 12-2-2: DEFINITIONS: ISSUE _ There are grammatical errors in two terms in this Section. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. RECOMMENDED AMENDMENT 9 2-2-2• DEF1 NI T10NS FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, pre-function p~anvene areas and kitchen facr'lities. PLANNING AND ENVIRONMENTAL COMMISSION: The planning .. Planning and Environmental Commission as many be constituted by ordinance of the Town Council#~sil. ISSUE There are many terms in the Zoning Regulations that remain undefined. The lack ofi a definition causes confusion and ambiguity in the administration of the Zoning 1, 3 Regulations, OPTIONS Without any changes, the Zoning Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code, The proposed text amendments to the Definitions Chapter of the Zoning Regulations provide codified definitions far currently undefined terms. This will create a more user friendly document. far the public. RECOMMENDED AMENDMENTS Add the following to 12-2-2: ~2-2-2; DEFINITIONS: ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the Town of Vail. ARCHITECTURAL PROJECTlQNS: building projections including, but not limited fo towers, stairs, spires, cupolas,. chimneys, flagpoles and similar architectural features. ATT1C: The space between the ceiling beams of the top story and the roof rafters. BAKERIES AND CONFETI4NERIES: Commercial retail ar wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site, BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair. BAY WINDOWS': A window or series of windows that projects from the main wall of a building and forming a bay or alcove in a room within. DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering. DEED RESTRICTION: A restriction on the use of land yr users/owners of prmperty set forth in a legally binding deed. DENSITY GONTROL: Any requirement of this title that regulates the number or sire of dwelling units per unit of land. ,ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action an the environment. l~ FULL TIME EMPLOYEE: A person who works an average of #hirty (30) hours per week ar more on a year round basis in Eagle Counfy, Colorado. LOBBY: A communal space in or near the entrance area of a building. MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations ar groups of people far the purposes of educational, political, social or fraternal advancement. MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility serves more than one use or one user. PARTY WALL: A common wall shared by two attached structures, buildings or dwelling units. PROPERTY O WNER: A person, persons or public or private entity with the right to exclusive use, control, or possession of property due to transfer of property through a deed or other legal document. RECREATION AMENITIES TAX: A fee or dues levied on certain development that is used to fund an exterior recreation based improvement ar 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 that specialize in selling fast food and beverage, and only includes counter service, not table service. TRUSS TYPE STRUCTURAL SYSTEM; A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside of a roof structure. VARIANCE: Permission to depart from the literal requirements of a zoning ordinance, as further regulated by Phis Title. VEHICLE, COMMERCIAL: A vehicle that is designated far commercial use through licensing requirements by the State of Colorado. VIEW CORRIDOR; An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from 15 a public place, adopted by ordinance, as further regulated by this Title. ZONE DISTRICT: A specifically delineated area in the Town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the Town of Vai! Official Zoning Map. ZONING MAP: A map that specifies the boundaries of zone distrr"cts within the Town of Vail. ISSUE The definition of "Site" references another term in this Section. Painting the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A do nothing approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more comprehensive Definitions Section of Title 12 with each definition clearly outlined. RECOrMMENDED AMENDMENT 12-2-2; DEFINITIONS: SITE: See a~efinitief~--e~+~Le~Site. (See Also LOT Of? S1TE) A parcel of land occupied or intended fo be occupied by a use, building, ar structure under the provisions of this Title and meeting the minimum requirements of this title. A lot ar site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. ISSUE The definition of slope includes specific regulations on calculating slope. Regulations are meant to be within other Chapters, not. the Definitions Chapter. OPTIONS The definition of slope is not how to calculate the slope, but rather what the slope actually means. If the regulations remain in this Section, they will go unnoticed. We need to move the regulations on haw to calculate slope to the Hazard Regulation Chapter (this change is later in the report). We will replace this definition with one that explains what a slope is. RECOMMENDED AMENDMENT 12-2-2: DEFlN1T10NS: SLOPE; Tl~e`-gfadient cr aer~fig-~~ctis+~-~rf the-a~-~itt-: ~~ Icnd ~.7 ~..~ ~.~r k~iv im'~r~emrn~°. nrn~if ~'. lot, ~~, '~ ~~rnnl~°v~mmvr~ shr_II "~e-c~t~~list~ Ir~sjrir~s yth,,•, r;:~~rr^, err, n~s~,h©r „f foot in el~`.. ~~Bi r~ rt~inc~rl ~vr Inc# r,t~er ~nh +~F'h't11 .. ~ 7~.. dt~Yn ~h~ r: ~V m°"rrtco~vTacQ'hcri~~a4ty--in any ~~GaYTOITrpe~l~l~Gli ~~il~ I~ Iln~~ +h~r,e~iia~tishir cf 1wfa±i~n rr •.~r~iocl m9ocsrs ow ~,i.,i,~o.~ r,,. +~,r, #~ar+zon+c,l ;:^~.,~,e•:;~ .,hcJi-1^.a_avnraccar~l ~ c ~^rr~tilo ~C Q ma~n~s--~.~`~.~+..tfy~~ `he-tet•~m „c,~c~" I ; ~In+nrminn+inn cf ~~cl~~! ~S def+ned-der-el~e~ ~~c in ac+-,F,lichins ~il~kle `n'rY~' rr-yarn, ~ir,nrrn+C ~.~Y ..1 ,~: \ri~~~-fIQ~"'ar~ r~~• nn~ nr~p~~~~l ~ nrinl c~ic+nm F~nca.rl an t~'n f~~'~ r~~~~'i~~ .-~..c'11r'ti~l,' capccc~l zn c ~: r.hin r.,~n cf fha ce nrnr~cr+`. G'~'--'tt't~ I~ ~Q,pa rla+nrminn}ir an4^+hE~ rP-'~°P"~'~~ x'77 ~--~crc'cti rsr rrr rcixra~i-caiur7av ~4i1~--I~~' tl~le ~'°+,,i r~th~i~ far-each cnc~r~rc~ ) c~, ~^t 5rid perti^~.rr^~;c travt, lat-cr r^~i^n +f^aronfi. The deviation of a surface from the horizontal, usually expressed in percent or degrees and calculated through rise over run. ISSiJE There are many definitions in other Chapters that are not also listed in this comprehensive listing of terms for Title 12. OPTIONS We can keep separate Definitions Sections in various Chapters for terms that only apply to those Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms for this Title. A comprehensive Definitions Section makes the Code mare user-friendly and helps ensure applicants are aware of all definitions. • RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2: DEFINITI©NS: AFF,tt'CTED PROPERTY: Property wi#hin a Special Development District that, by virtue of its proximity or relationship to a proposed amendment request fo an approved development plan, may be affec#ed by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved Special Development District. AGENT Oft AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by fhe property owner to act on his (herJ stead. if any of fhe property fo be included in the Special Development District is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformr'ty with a1P pertinent .requirements of the condominium association's declarations and all other requiremenfs of the condominium declarations are met. 17 AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flaf surface normal fo the flow and/or a return interval in excess of twenty five (25) years, AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (75) years, AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. FLOOD HAZARD ZONE: That area covered by the base flood. The base flood area is any numbered A, AO, AH, ar area of 900-year shallow flaading indicated an 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, 9975, as designated in Section 92-2?-99 of #his Chapter. FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency that includes flood profiles and wafer surface elevafion of the base flood. GEOLOGICALLY SENSITIVE AREA: An area within the Town of Vail which may be subject fo rock falls, mud flows, debris flows, debris avalanches, and unstable sail, slopes or rocks. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District development plan. SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/OR COUNCIL R~EVIEIN).: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accammodafion units modify, enlarge or expand any approved Specie! Development District (other than "minor amendments" as defined in this Section), except as provided under Section 92-95-4, "Interior Conversions", or i2-95-5. "Addi#ional Gross Residential Flaor Area (250 Ordinance) ", of this Title. ~J 18 SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEW}: Modifications to building plans, site or Landscape plans that do not alter the basic intent anal 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, varafions of not more than five feet (5) to approved setbacks and/or building footprints; changes fo landscape or si#e plans that do not adversely impact pedestrian or vehicular circulation Throughout the Special Development District; or changes to gross filoor 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. SB'BSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (5U%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined either A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,. whether or not that alteration affects the external dimensions of the structure. The term does not, however, r'nclude any project 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 conditions. I:INDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the Special Development District is approved. VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW POINT ORIGINATION: The survey point, called out as the instrumenfi in each legal description defining a view corridor boundary, which is the basis for each view corridor. ISSUE The definition for I'fanning and Environmental Commission references an Ordinance by Town Council rather than giving a definition of the PEC. OPTIONS ~. 9 The definition of the PEC is already outlined in Title 3: Boards and Commissions, sa it could remain there. However, there needs to be a definition in Title 12. This definition will help the public understand the roles and responsibilities of the PEC. REC©MMENDED AMENDMENT 12-2~2: DEFINITIONS: PLANNING AND ENVIRONMENTAL COMMISSIC?N: fi#e plar~n+rr,~ ae ~n~r ~~r c~~rcy The body responsible for reviewing development proposals or any matters perfaining to the Commission as provided by the Tawn Cade and to act in an advisory capacity to the Town Cauncr'I. The Planning and Environmental Commission focuses on evaluating projects based on the Zoning ordinance, Mss#er Plans, Subdivision Regulations, environmental concerns, efc., and as established by Chapter 3-2, Vail Town Code. ISSUE The definition for "site coverage" is confusing. OPTIONS If we issue the definition as is, it can be quite confusing to applicants, who may calculate site coverage wrong. This simple text change clarifies the definition and removes ambiguity related to calculating site coverage. We want to ensure that the public understands what constitutes site coverage, as it is an important density control tool • 20 RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: SITE CaVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage t#is-d'ef~n, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. i=ar the purposes of this definition, a balcony or deck projecting from a higher elevation may extend aver a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. ISSUE. The loose definition of "Private Club" has allowed a loophole where it is being interpreted as a private Parking Club. This loophole has allowed for the operation of parking lots with spaces sold to owners who are considered club members at the Gateway Building (CSC District) and at Golden Peak (Ski BaselRee 1). Private Clubs are a conditional use of Residential Cluster, Low Density Multiple-Family, Medium Density Multiple- Family, High Density Multiple-Family, Public Accommodations, and Commercial Service Center districts. OPTIONS If left as is, the loophole will continue to exist and parking clubs will continue to form in places where regulations may not have intended. 11Ve feel it necessary to sharpen the definition so that the loophole is closed and the private purchase of individual spaces as a private parking structure can exist under the constraints of the zoning regulations. RECOMMENDED AMENDMEN7 12-2~2: L]EFlNlT10NS: PRIVATE CLUB: An association of persons and its premises esfablished for the fraternal, social, educational, recreational, or cultural enrichment of its members and n©t primarily for profit, whose are b©na fide members paying dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests.. Parking structures may riot be the sole facilr`ty for a private club. Issue There are too many land use terms for parking facilities within the honing Regulations. 21. OPTIONS The option of leaving the land use terms as is will continue to create confusion with so many different land use terms for parking facilities. The definitions of our parking terms need to be updated to alleviate confusion. In order to standardize language used to determine types of parking facilities, we determined that using the least amount of terms for parking facilities, including structures and lots, was the best way to simplify the Code. This will help ease confusion among applicants and facilitate understanding of the Zoning Regulations. `"Private parking structures" and "Private unstructured parking" will be a conditional use of High Density Multiple Family, Public Accommodations, Ski Base Recreation 1, Arterial Business District, Lionshead Mixed-use 1, and General Use districts. Staff has determined that these districts were those intended to include private .parking facilities and the Code should reflect such intentions. On the other hand, ,private parking facilities under the guise of "Private club" are out of line with the intentions of these zoning districts. See the changes to Chapter 12-7, 12,8 and 12-9. RECOMMENDED AMENDMENTS Add the following fa 12-2-2: 9 2-2-2: DEFI NITICDNS: PRIVATE PARKING STRUCTURES: A parking area within a building far the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10. PRIVATE UNSTRUCTURED PARIflNG: A parking area not within a building for fhe exclusive arse of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 72-90. PUBLIC PARI[lNG STRUCTURES: A, parking area within a building for use by the public, fo be considered an individual land use not to be linked wifh parking requirements regulated in Chapter 72-10. PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the public, to be considered an individual land use not fa be Ir'nked wifh parking requirements regulated in Chapter 12-90. CHAPTER 12-3: ADMINISTRATION AND ENFORCEMENT SECTION 12-3-3: APPEALS: SECTION 12-3-4: DETERMINATION OF SIMILAR USE: SECTION 12-3-5: DECLARATION OF SITE ALLOCATION: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain, but looking at the sheer volume of errors, they must be changed to keep a professional looking Code. Zone districts must be referred to as such to alleviate any confusion among applicants. ~2 RECOMMENDED AMENDMENTS 72-3-3: APPEALS.' A. Administrative Actions: Any decision, determination or interpretation by any Ttown Aadministrative f)efficial with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth shall become final at the nexf Planning and Environmental Commission pla~i~ ~' c~":M-, ^meeting (ar in the case of design related decision, the nexf Design Review Board ~'rt~~~n MDIfI~fA, ,,,,~.,~ meefing) following the Aadministrafor's decision, unless the decision is called up and modified by fhe f3board or Csommission. B. Appeal Qf Administrative Actions: 1. Aufhorify.• The Planning and Environmental Commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Ttown administrative official with respect fo fhe provisions of this Ttitle and the standards and procedures hereinafter set forth, except That appeals of any decision, defermination or interpretation by any Tlown administrative official with regard to a design guideline shall be heard by the Design Revier~r Board 2. Initiation: An appeal may be inifiafed by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any Administrator admir~iaf'~°c n~ffsial with respect to this Tfifle. "Aggrieved or adversely affected person`" means any person who wiN suffer an adverse effect to an interest protected or furthered by Phis title. The alleged adverse interest may be shared in common with other members of fhe community at large, 6uf steal! exceed in degree fhe general interest in community good shared by all persons. The Aadminisfrator shall determine the standing of an appellant. !f the appellant objects to the Aadministrator's determination of standing, the Planning and Environmenfal Commission pla~iir,~ cn~' ~^"~~M.ta~~"~,rniga;a i (ar the Design Review Board in fhe case of design guidelines) shall, of a meeting prior to hearing evidence on fhe appeal, make a determination as to fhe standing of the appellant. !f fhe Planning and Environmental Commission pla+~'ng aftd (or fhe Design Review Board ~n ^,,,,:^,A, h^^~^' in the case of design guidelines) determines that the appellant does not have standing fo bring an appeal, the appeal shall not be heard and fhe original action or determination stands. 3. Procedures; A written notice of appeal must be filed with the Aadministrafor or with the Ddeparfinent of Community Development rendering the decision, determination or interpretation within fwenty (20) calendar days of fhe decision becoming final. If the last day far filing an appeal falls on a Saturday, Sunday, or a Ttown observed holiday, the last day for filing an appeal shall be extended to fhe next business day. The 23 Aadminisfrafor's decision shall become fins! at the next Planning and Enuiranmenfal Commission ~n5 ~~~ s~,~~rv~:s-sier~-meefirrg (or in the case of design reJatec! decision, the next Design Review Board des:~~rr. r meeting) fallowing fhe Aadmr`nisfrator's decision, unless the decision is called up and modified 6y fhe Bbvard or Gsommission. Such notice shall be accompanied by the name and addresses (person"s mailing and property's physical) of fhe appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of fhe condominium associafian) as well as specitle and articulate reasons for the appeal on forms provided by the T#own. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward #o fhe Planning and Environmental Commission pla~ir~g a~rs~:;ti;r~nmenta; (or fhe Design Review Board in the case of design guidelines} at fhe next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a c©ndominium project shat! be satisfied by notifying the managing agent or fhe board of directors of the condominium associafion} of feast fifteen (15} calendar days prior fo the hearing. A hearing steal! be scheduled to be heard before the Planning and Environmental Commission pla-~in7 a.. (or the Design Review Board ~€~"c~ d in fhe case of design gur'delines} on the appeal within thirty (30} calendar days of the appeal being filed. The Planning and Environmental Commission „r~ - c.~ ~eia~•~r~l ~n~~ ~Z~ (vr fhe Design Review Board d'esig~eear~ in the case of Defesign Gguidelines) may grant a continuance to allow the parties addifional time to obtain information. The continuance shaft be allowed for a period not to exceed an additional forty (~O) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an Adminisfra#ar #isial. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay aN permit activity and any proceedings in furtherance of the action appealed unless the Adrninisfrafor renderr`ng such decision, determination or interpretation certifies in writing fo the Planning and Enuirvnmen#aI Commission „lon,nin.v an.,P nn"sirnmm~n+ol n~~~iP (or the Design Review Board in the case of Ddesign Gguidelines} and the appellant that a stay paces an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Cst~mmission (or Bhoard) shall review such certificafion and grant ar deny a stay of fhe proceedings. Sueh determinafion shall be made at fhe next regularly scheduled meeting of the Planning and Environmen#a! 24 Commission pir~ arc' nn„~rnnrnanf~! rnrr,rvf;c+c.,,n {ar the Qesign Review Board in the case Qf Ddesign Gguidelines}. 5. Findings: The Planning and Environmental Commission 1 ca~-~--(©r the Design Review Board in the case of Ddesign Gguidelines} shall on alI appeals make specific findings of fact based dr`rectly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Ttitle have or have not been met. 6. Fee: The T~town Ceouncil may set a reasonable fee far filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in fhe Department of Community Development s~rr art-~,~'" cs. The fee shall be paid at fhe time the appeal is filed. G. Appeal Of Planning And Environmental Commission Decisions And Desr`gn Review Board Decisions: 1. Aufhnrify: The Toown Counncil shall have the authority to hear and decide appeals from any decision, determination or inferprefatidn by fhe Planning and Environmental Commission ~~+ Gn`~ en,iir~nrn antol nr,m.r,rcci.,n ar fhe Design Review Board with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacenf property owner, or any aggrieved or adversely affected person from any order, decision, determination ar interpretation by the Planning and Environmental Commission plannix-C ~;td c~n~~i. or fhe Design Review Board de=sign r^,.~°,Ar ~,^~r^" with respect to this Title. ':4ggrieved or adversely affected person" means any person who will suffer an adverse effect fa an inferest protected or furthered by this title. The alleged adverse interest maybe shared in common with other members of fhe community at large, but shall exceed in degree the genera! interest in communify good shared by al! persons. The Aadminr`strator shall determine the standing of an appellant. If fhe appellant objects to fhe Aadministratar's defsm7ination of standing, the Town Council t`ewrr-se~rsil shall, at a meeting prior fo hearing evidence on the appeal, make a determination as fo the standing of the appellant. If fhe Town Council fawn couneil determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council #einsi~`-may also caN up a decision of the Planning and Environmental /Commission ,,,/ - ~a//r~ ~yfh/e Design Review Bn, l~r{l ~~'ninn 1^61Ii~lA! ~'111~r~ by a maJor~ty Y~Jt~+ S..l'f those Town Coonncil members present. 3. Procedures.° A written notice of appeal must be filed wifh the Aadministrafor within twenty (20} calendar days of the Planning ' and Environmental Commission's pla~,in~ c::v~+~ ~,"gin' decision ar fhe Design Review Baard'sdesig+~ 25 r°"~r~c1 ~ decision becoming final. !f the last day for filing an appeal falls an a Saturday, Sunday, or a Ttown observed holiday, the last day for filing an appea! shat! be extended fo the next business day. Such notice shall be accompanied by the name and addresses (person`s mailing and property"s physical) of the appellant, applicant, praperfy owner, and adjacent property owners (the fist of property owners within a condominium project shall be satisfied by listing the addresses far the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal an forms provided by the Toown. The filing of such notice of appeal will require fhe Planning and Environmental Commission a~ a~-~' ~~~ or fhe Design Review Board to forward to the Town Gounciltawn seunsil of the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written nofice to the appellant, applicant, property owner, and adjacent .property owners (notification within a condominium project shall be satisfied by notifying fhe managing agent or the board of directors of the condominium association) of least fifteen (15) calendar days prior to the hearing. A hearing shall ~be scheduled to be heard before fhe Town Counciltew~-seunsil an fhe appeal within forty (40) calendar days of the appea! being filed. The Town Council 'may grant a continuance fa allow the parties additional time fa obtain information. The continuance shall be allowed for a period not to exceed an i additional thirty {3a) calendar days. Failure to file such appeal shall constitute a war`ver of any rights under this Cshapter to appea! any interpretation or determinafion made by the Planning and Environmen#al Commission ~~ ~'"~ nn~ii r.~n.,,an+ol sane ~~~r or the Design Review Board 4. Effect C7f Filing An Appeal: The fr'ling of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Adminis#ratoradn~~cfr~fi~! rendering such decision, determination or interpretation certifies in writing to the Town Counciltews~t-sac-~rsi1 and fhe appellant that a stay poses an imminent peril to Gfe or property, in which case fhe appeal shall not stay furfher permit activity and any proceedings. The Town Councilsaril shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Co u n c i hewn--seunsil'. 5. Findings: The Town Council `shall an al! appeals make specific findings of fact based directly on fhe particular evidence presented fo r`t. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this fide have ar have not been met. S. Fee: The Town Council$~~na'! may set a reasonable fee for filing an appeal to a Planning and Environmental Commission plarrnir~ '" ~~ c:~ ~-or Design Review Boarda~eai~n decision. The fee will be 2S adopted in a fee schedule which shall be maintained in the Departrnenf of Community Development ~p~~f ~t .The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure far an appeal of an administrative inferprefafian of the Ssign Reeguaafions shall be the same as that of appeals of an adminisfrafive actr'an as set forth in subsection 8 of this section. Appeal Of Town Council Decisions; Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Councilt~c ~ ° r~ serail with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner provided by the laws of the state. F. Conduct Of Nearing: The Town Council-~eunsi! stroll have the authorify to set standards, by administrative rufe, on appeflate hearing procedures including, but not limitod to, time allowance for the presentation of evidence and the time allowance for oral arguments. t2-3-4: DETERMIIv'ATIUN OF SIMILAR USE: B. Review Use Characteristics: The Aadministrator, upon request of the Ttown Csouncil, or writfen request of any person far a determination under this section, shall review fhe characteristics of any use proposed to be determined as similar fo permitted uses, and shall transmit a report to the council advising in what respects the proposed use would be, in fact, similar fo specified permitfed uses in fhe same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar fa uses specifically permitted only in other zone districts. After receipt of the report, the Csouncil may determr`ne the proposed use to be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same zone district. The Csouncif shall state-fhe bast"s 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. ~'2-3-5: L]ECLARATIQN OF S1TE ALLOCATION: D. Lots Ta Meef Standards: No site declared under this section shall be recognized as a usable site pursuanf fa the provisions of this title if it results in creation of any site or parcel of land which does not fully meet fhe lot site and dimension requiremenfs of the zone district in which it is located. The declaration of life allocation procedure shall not be substituted for fhe procedures prescribed in Ti`itle 73 of this cede if fhe sife constitutes a portion of a parcel which can be further subdivided or otherwise is subjecf to the provisions of Trifle 13 of this Csade. 27 SECTION 92-3-6: HEARINGS: SECTION 12-3-7: AMENDMENT: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain to no serious harm, but looking at the sheer volume of errors throughout the Code, they must be changed to keep the Code professional looking. Zone districts must be referred to as such to alleviate any confusion among applicants.. ISSUE The language is very broad in 12-3-6C and #herefare could be interpreted incorrectly. "`Amendment, change or application" does not apply correctly to the listing a-e. Far example, under the current language, an amendment ~to the variance sections of the code would confuse staff as to whether a notice should be mailed, and to whom. OPTIONS There is na intention to change the circumstances for notification, but if this Subsection is not changed, it will remain erroneous. This proposed text amendment clarifies situations requiring notification by mail to those in adjacent properties. We needed to clarify the intentions of the notice requirements, which is to alert adjacent property owners of major changes to properties. This way, there is a clear understanding of the exact circumstances when a notice is to be sent. RECOMMENDED AMENDMENTS 7 2-3-6: HEA R11VGS: Ao Conduct: When required by statute or by this title; hearings before the Planning and Environmental Commission ~g ate' ~~1 ~ 'ar and the Town Council tewn see~il shall be conducfed in accordance with the provisions of this Cshapter. B. Selling Date: Upon the filing of an application, petition or appeal, the disposition of which requires a hearr'ng before either the Planning and Environmental Commission pla~igs ~~l ens^r~+r' ~crMm-gin or the Tawn Council vn c~,~.~sil or bofh, pursuant to this title, a dafe for the hearing shall be set which shall be not more than thirty (30} days from the date of filing of the application or receipt of the document. C. Notice: 7. Not less than tiffeen (75} days prior to the dafe set for the . hearing before the Planning and Environmental Commission nl~nninr~ onrl nn~iirnnr.+nnfn~ i+nr»mircinnf the Aadministratar shalt cause a copy of the nafice fo be published once in a newspaper of general circulation in the Town. 2. In addition to the published native, the adrninislrator steal! cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the 28 property adjacent to the subject property (if fhe adjacent property is a condominium project, notice may be mailed fo the managing agent, registered agent or any member of the board of directors thereotj, for a. application to change zone ~c~ :n caning district boundaries; b. applicat-on for a conditional usea permit; c. application for a variance; d. applicafion relating to development plans for special development districts; or e. appiicafion to changes-the density control sectians~-an-y of a #-he zone districts. D. Evidence: 1. The Planning and Environmental Commission plan~ei steal! base its determinations upon statements contained in the application or petition, upon reports from fhe T~town staff or consulfants, if any, and upon evidence presented to the Csommission.at fhe hearr'ng. 2. Tike Town Counciltawn-se~rflsi! shall base ifs determinations upon statements contained in the application or petition, upon reports from fhe Toown staff or consultants, if any, upon evidence submitted to Planning and Environmental Commission pJ~~ a,~' cr. v%enta.' ~ssagr~ and the recommendations or findings of the Csommission, and upon evidence presented to the Csounci! at the hearing. 3. Hearings shall be conducted in such a manner as to afford an applicant or petitioner and al! interested parties the opportunity fo submit exceptions to the record, contentions, and arguments with respect fo the issues entailed, provided that fhe Planning and Environmental Commission p~-~; ,n°~' ^n~airnnm°nf~l sernmissier3 and fhe Town Counciltew~--set,~rsi! may limit fhe taking of evidence to evidence not previously submitted and made a matter of record. 12-3-7: AMEIVDMLIVT.~ A. Prescription: The regulafions prescribed in this title and the boundaries of the zone districts shown on fhe ©efficial Zzoning Mmap may be amended, or repealed by the ~ Toown Csouncil in accordance with the procedures prescribed in this Cehapfer. B. Initiation: 7. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council ~ sail on its own motion, by the Planning and Environmental Commission ~g ~,~c' °°~ri-^n~°^+A~ cissi~ on ifs own motion, by petition of any resident or property owner in the Toown, or by the Aadminisfrafor. 2. A petitr`on for amendment of fhe regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Aadministrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map 29 indicating fhe existing and proposed zone disfrict boundaries. If fhe petition is far a Change in none district boundaries, the petition shall r'nclude a fist of the owners of all properties within fhe boundaries of the area to be rezoned or changed, and fhe property adjacent (hereto. The owners' list shall include the names of all owners, their mailing and sfreef addresses, and the legal description of fhe property owned by each. Accompanying fhe fist shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petifion also shall include such additional informafion as prescribed by the Aadministrafor. C. Criteria And Findings: 9. Zone District Boundary Amendmenf: a. Factors, Enumerated: Before acting an an application for a zone district boundary amendment, the Planning and Enviranrnental Commission pink ,;,n~, cYnirirr-~nmanf~l een~is~ien and Town Counciilew,~-sec~sil shall consider the following factors with respect to the requested zone district boundary amendment: b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone disfrict boundary amendment, the Planning and Environmental Commission playing---any' s,~t~' can~iss~ien and fhe Tawn Council~tew~-se~nsil shat! make the following findings with respect to the requested amendment: (9} Thaf the amendment is consistent with fhe adopted goals, objectives and policies outlined in the Vail Comprehensive Plan senr;~rehensive~'an and compatible with the development objectives of fhe Toown; and 2. Prescribed Regulations Amendment: a. Factors, ,Enumerated: 8efare acting on an application for an amendment to the regulations prescribed in fhis title, the Planning and Environmental Commission ~sien and Town Counciltew~a-cet~rasi!' shall consider the following factors with respect fo the requested text amendment: {1) The extent to which fhe text amendment furthers fhe general and specr"tic purposes of the Zzoning Rreguaafions; and (2) The extenf to which fhe text amendment would better implement and better achieve the applicable elements of fhe adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Toown; and (5} Such other factors and criteria the Planning and Environmental Csommission and/or council deem applicable to fhe proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a fexf amendment the Planning and Environmental Cammission~ end on~eirnnmanf~! sen~issien and the Tawn Council#awn-seur~cil shall make the fallowing findings with respect to fhe requested amendment: D. Fee: The Tawn Council shall seta fee 3Q schedule far petitions far amendment of the regulations of fhis title or a change in zone districf boundaries, sufficient to cover the cast of Taawn staff time and other expenses incidental to the review of the petition. E. Hearing: Upon filing of a pefitian for amendment or upon inifiatr`on of an amendmenf by fhe Town Council~nslJ, Planning and Environrnenfal Commissivnpla~ir:g cr:d on~,rrnnmr~n+nl nnmmic+oie-~n' or Aadminisfrator, the Aadmnistrafor shall set a date far hearing in accordance with the provisions of subsections 12-3-6C and D of this Cshapfer. F. Planning And Environmental Commission Recommendation: Within twenty Egg) days of fhe closing of a public hearing on a proposed amendmenf; the Planning and Fnvironmenfa! Commissionpla~in~ c,~' s~vi~menta! semis-sign shall act on the petition ar proposal. The Coommsssian may recommend approval of the petition or proposal as inifiated, may recommend approval with such moditlcations as it deems necessary fa accomplish the purposes of this T~tifle, or may recommend denial of the pefifian ar rejection of the proposal. The Coommission shall transmit its recommendation, together with a reporf on the public hearing and its deliberations and findings, fo the Tawn Councilfo;+ ~eunsil. G. Hearing By Tawn Council: Upon receipt of fhe report and recommendation of the Planning and Envlranmenta! Cammrssranp~~~~ ~"-"~ nn~iirnnmanfai nnmmic~c. Bryn' the Ttawn Csauncil sha11 set a date far hearing in accordance with subsection 92-3-68 of this Cshapfer. l-f. Action By Town Council: Within twenfy (20) days of the closing of a public hearing on a proposed amendment, the Town Council 'shall act on the pefifion or proposal. The Tawn Counciltewn~eurrsil shall consider but steal! not be bound by fhe recommendation of fhe Planning and Environmental Commission .The Town Council#~w~a-s~r~sil may cause an ordinance to be intradueed to amend the regulations of this title or to change ions district boundaries, either in accordance with the recommendation of the Pplanning and Eenviranmental Commmsssion or in modified form, ar the Csouncil may deny the petition. If the Csauncil elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the Ttown. CHAPTER 12-4: DISTRICTS ESTABLISHED: SECTION 12-4-1: DESIGNATED SECTION 12-4-2:PERMITTED USES ISSUE Zane districts are improperly refarenced and the specific zone districts are not capitalized. 3 ~. OPTIONS The errors can remain, but looking at the sheer volume of ewers, it is necessary to fix this Chapter. REG~OMMENDED AMENDMENTS 72-4-9: DESIGNATED: The following gone ~ districfs are established.' Hillside Residential (HR} District r°~i.~r°..+i~r rupi ,+;n+r:n+ Single-F#amily Residential (SFR) District restia: (.STS siistxis# Two- F#arraily Residentiaf (R) District Two- F#amily Primary/Secondary Residential {PS) Districf ~rim~n sl~c~n~n,~n>•1.~ni rn c•ir~Jr~n+i~I /DCy .Ji n,~+~n~nf Residential Cluster {RC) Disfricf/sle-steF,(1~~~~'r~~'f Low Density Multiple-Family (LDMF) Disfricf deasil#ple- #exx~ rr nti~ci „r;~+r;n+ IiAedium Density Multiple-Family {MDMF) District efensify mrrl+inrn fn m;jit /A AFAIhA~I nfi ofr;n+ High Density Multiple-Family {~IDMF) District r/nnc~;+,, mrrr+;nln i'~t~fitV( ~1 Ir]A~lG1 r'lic+rint Housing (H}-di~s#~is+~ District Public Accommodation (PA) District assexx~eia: ;~4) dis~ist Commercial Core 1 (CG?) District sexe ~G9~-district Commercial Core 2 (CG2) Disfricf sexy L' CG2}d~'st Commercial Core (CC3) District sere ? dis#risl Commercial Service Center {CSC) Disfricf a~istrist Arterial Busyness (ABD) Disfrict,~sixrs~_ (.4BB}-distxist Heavy Service (HS) Districf sewfrr (1J~st Lionshead Mixed Use 1 (LMU-~) District ,m' ^,~ ..~° ~ n eer ~-" di&trist Lionshead Mixed Use 2 (LMU-2) Dis#rict m~e_^fi ? (~ dislxi~` Agricultural And Open Space (A) Disfricf ane~-apex: 3w~A) ~e~is#xisf Outdoor Recreation(OR) Disfricf resxeatisn r. ~,~.~sf~~~~ Nafural Area Preservation {NAP) District ar:,~ ^r^~:a=ion Ski Base/Recreation {S8R) Districf base~esxeat,~en (~'~} distxist Ski Base/Recreation 2 (SBR2) Districf 'en '' Special Development (SDD) District Parking (P) Districtxis~ General use Use (GU) Districf district 92-4-~: PEl~MITTED USES: A. Listed Uses Exclusive: The listing of any use as being a 32 permitted use in any particular aane district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. CHAPTER 12-5: ZONING MAP: SECTION 72-5-2: FlL1NG: SECTION 1 F-5-3: CHANGES: SECTION 12-5-5: INTERPRETATION OF BOUNDARIES: SECTION 92-~-6: PROPERTY WITHOUT ZONE DESIGNATION; ISSUE Zone districts are improperly referenced as districts. The Zoning Map should also lac referenced as the Official Zoning Map. OPTIONS The errors can remain with confusion among applicants remaining as well. The changes to these errors will alleviate any questions about the content of the Zoning Regulations. RECOMMENDED AMENDMENTS CHAPTER 12-5: OFFICIAL ZONlN~G MAP 92-5-2: FILING: The Officio! Zoning Map shall be fried in the office of the Town Clerk and shall be identified by the signature of the Mlayor, attested by the Town Clerk, and bear the Sea! of the Town under the following wards: This is fo certify that this is the Official Zoning Map referred fa in Section 12-5-1 of the Zoning Title, Town of Vail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning Title and the date of fhe mast recent change in zone district boundaries shown thereon. ~2-5-3: CHANGES: Na change shall be made in the zone district baundarr'es or other matter shown on the Official Zoning Map except by appropriate acfion of fhe Tawn Council in accord with Sections 72-3-1 through i2-3-~ of this Title. Any change adopted by the Town Counci! shall be entered on the Official Zoning Map promptly, together with an entry rioting the date of the change and a brief description of the nature of the change, which entry shall be attested by the Town Clerk. The date of the most recent change shall at all times be indicated an any copies of the Official Zoning Map subsequently reproduced. 12-5-5: INTERPRETATION OF BOUNDARIES: F. Where physical or cultural features existing on the ground are at variance with Chase shown on fhe Official Zonr'ng Map or in circumstances not covered by subsections A through E of this Section, the Town Council shall interpret the aone district boundaries. 92-5-6: PROPERTY WITHOUT ZONE DISTRIeT,DESIGNATION: ~3 CHAPTER 12-6: RESIDEITIAL DISTRICTS: ARTICLE 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT ARTICLE 92-68: SINGLE FAMILY RESIDENTIAL {SFR) DISTRICT ARTICLE 92-fiC: TWO-FAMILY RESIDENTIAL (R} DISTRICT ARTICLE 92-6D: TW(3-FAMILY PR/MARY/SECONDARY RESIDENTIAL (PS) DISTRICT ARTICLE 12-6E: RESIDENTIAL CLUSTER {RC) DISTRICT ARTICLE 92-6F: LaW DENSITY MULTIPLE-FAMILY (COME) DiSTRIGT: ARTICLE 92-6G: MEDIUM DENSITY MULTIPLE-FAMILY(MDMF) DISTRICT: ARTICLE 92-6H: HIGH DENSITY MULTIPLE-FAMILY (HOME} DISTRICT: ARTICLE 92-61: H©USING (H) DISTRICT: ISSUE _ ... _. Zane districts are impraperEy referenced and the specifiic zone districts are not capitalized. OPTIQNS The errors can remain, but locking at the sheer ualr~me of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 92-6A: HILLSIDE RESIDENTIAL (1'-fR) DISTRICT 72-6A-9: PURPOSE: The Hr'llside Resider~tia! District ~dc is intended fo provide sites for low density single-family residential uses, fogether with such public facilities as may be appropriately located in the same torte district. The Hlllsr'de Residential District h;-r°;^~^ ~^~~~^n¢ial ~isS is intended to ensure adequate Iighf, air, privacy and open space for each dwelling, cammensurafe with single-family occupancy, and to mar'ntain the desirable low density high quality residential development of such sites by establishing appropriate site development standards. ~2-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject fo issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfas# as further regulated by section 92-94-78 of this ti#le. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars, and other simr'lar conveyances. ~2-6B: SINGLE-FAMILYRESIDENTIAL (SFR) DISTRICT 92-68-9: PURPOSE: The Single-family Residential District ~;~rrro_f~m;rd._rrto;rlrjn~:~1 e~istxist is intended fo provide sites far low density single-family residential uses, togefher with such ,public facilifies as may be 34 appropriately located in the same zone district. The Single-family Residential District ~t is intended to ensure adequate light, air, privacy and open space far each dwelling, commensurate with sr'ngle-family occupancy, and fa mainfain the desirable residential qualities of such sites by establishing apprapn'ate life development standards. 12-6B-3: CONDITIONAL USES: The fallowing conditions! uses shat! be permitted, subject to issuance of a canditivnal use permit in accordance with the provisions of Cshapter ~6 of this Tfitle. Bed and breakfasf as further regulated by section 12-74-98 of this title. Dog kennel Funiculars, and other similar conveyances. 12-6C: TWO-FAMILY,RESIDENTIAL (R) DISTRICT 12-6C-1: PURPOSE: The Two-family Residential Districtlu~c f~esid'entia,( elistriet is infended to provide sifes for low density single-family or two- family residential uses, togefher with such public facilities as may be appropriately located in the same zone district. The Two- family Residential District dot is intended fo ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and fwo-family occupancy, and to mainfain the desirable residential qualifies of such sites by establishing appropriate site development standards. 72-6D: TWO-FAMILY PRIMARY/SE'CONDARY RESIDENTIAL (PSj DISTRICT 72-6D-9: PURPOSE. The Two-family Rrimary/Secondary Residential District twe- ,f.:rn~.' a'astriet is intended fo provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be lacated in the same zone disfrict. The Two-family Primary/Secondary Residential Disfrict fi~~n_fomihi nrim.~nifc.nnnnrlnni rncirlanfia! ~t is Intended to ensure adequate Iighf, air, privacy and open space f©r eacFr dwelling, commensurafe wifh single-family and twa-family occupancy, and to mainfain the desirable residential qualities of such sites 6y establishing appropriate site development standards. 35 ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT ISSUE - - Zone districts are improperly referenced and the specific zone districts are not capitalized. C~PTIaNS 12-fiD: TWQ-FAMILY PRIMARY1SECaNDARY RESIDENTIAL {PS) DISTRICT ~ 2-fiD-$: DENSITY CC)NTROL: A. Dwelling Units: Not more than a total of two {2} dwelling units shall be permitted on each site with only one dwelling unit permitted vn existing lots less than fourkeen thousand (14,000) square feet. B. Gross Residential Floor Area: 1. The faklowing gross residential floor area {GRFA) shall be permitted on each site: a. Not more than forty six {46} square fleet of gross residential floor area {GRFA} far each one hundred (100} square feet of the first ten thousand {10,000} square feet of site area; plus b. Thirty eight {38) square feet of gross residential floor area {GRFA) for each one hundred {100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand {15,000} square feet of site area; plus G. Thirteen {13} square feet of gross residential floor area {GRFA} for each one hundred (100) square feet of site area over fifteen thousand {15,000} square feet, not exceeding thirty thousand {30,000} square feet of site area; plus d. Six {6} square feet of gross residential floor area {GRFA} for each one hundred {100) square feet of site area in excess of thirty thousand {30,000) square feet. 2. The secondary unit shall not exceed forty percent {40%} of the allowahie dross residential floor area (GRFA}. Staff Comment: This regulation exists in Section 12-15-2: GRFA REQUIREMENTS BY ZdNE DISTRICT, Staff feels this regulation should also be added to Section 12-6D-$B, of the Two-Family PrimarylSecondary Residential Distric#, for clarity. ARTICLE T2-6E': RESIDENTIAL CLUSTER (RC) DISTRICT ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (COME) DISTRICT: ARTICLE 72-6G,- MEDIUM DENSITY MULTIPLE-FAMILY (MDMF~ DISTRICT: ARTICLE 92-BH: HIGH DENSITY MULTIPLE-FAMILY (HDM~ DISTRICT: ISSUE ._. _ Zone districts are improperly referenced and the specific zone districts are not capitalized. 36 OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 92-6E; RESIDENTIAL CLUSTER (RC) DISTRICT 72-6E-9: PURPC)SE: The Residential Cluster District ~t is intended to provide sr`fes far single-family, two-family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Residential Cluster District c(istrisi is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain fhe desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F: LCW DENSITY MULTIPLE-FAMILY (COME) DISTRICT' 12-fiF-7: PURPOSE: The Low Density Multiple Family District fay ~ is intended fa provide sites for single-family, two- family and multiple-family dwellings at a density not exceeding nine (g) dwelling units per acre, together wifh such public facilities as may appropriately be located in the same zone district, The Low Density Multiple Family District is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and fo maintain the desirable residential qualities of the zone dr'strrct by establishing appropriate site development standards. 12-6G,• MEDIUM DENSITY MULTIPLE-FAMILY -(NOME) DISTRICT; 12-6G-7.' PURPC7SE,' The Medium Density Multiple Family District err. ~~sity ~E is intended to provide sites for multiple- family dwellings at densities to a maximum of eighteen ('JB,f dwelling units per acre, fagether with such public facilities as may appropriately be Jocated in fhe same zone district. The Medium Density Multiple Family District ~list~ist is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain the desirable residential qualities of fhe zone districf by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously wifh the residential character of the zone district. 12-6N: H1GH DENSITY MULTIPLE-FAMILY (hIDMF} DISTRICT: 37 92-6H-7: PURPOSE: The High Density Multiple Family District #amlly dis#rist is Intended to provide sifes far mulfiple-family dwellings at densities fa a maximum of twenty five {25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone disfrict. The High Densiihy Multiple Family District ~;^" ~n.,~;:„ ,.,..,f:.,r„ #amiFy district is intended to ensure adequate light; air, open space, and other amenities commensurate with high densify apartment, condominium and lodge uses, and to maintain fhe desirable residential and resort qualities of the zone disfrict by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate fo the nature of Vail as a winter and summer recreation and vacation cammunify and, where permitted, are intended to blend harmaniousfy with the residential character of the zone district. ARTICLE 12-fiH: HIGH DEIIISITYMULTIPLE-FAMILY{HOME) DISTRICT: ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. • OPTI(?NS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. RECOMMENDED AMINDIVIENTS 12-6H: HOUSING (H) DISTRICT: 92-~H-3: CONDITIONAL USES: The fallowing condifiona! uses shah be permitted in the HDMF disfrict, subject to issuance of a conditional use permit in accordance with fhe provisions of chapter 1 E of this title: Bed and breakfast as further regulated by section 12-`I4-18 of this tifle. Churches. flog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14- 92 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. 0~ ~~~in nr nnm mnrn en i~ I~ Public or private schools. Public park and recreation facilities. 38 • Public parkr'ng structures. Public transporfation terminals. Public unstructured parking. Public utility and public servr'ce uses. Ski lifts and tows. Timeshare estate units, fractional fee units and timeshare license units. Type !fl employee housing units (EHU) as provr'ded in chapter 13 of this title. ARTICLE 72-BI: HOUSING (H) D-STRIC7: ISSUE Zone districts are improperly referenced and the specifc zone districts are not capitalized. There are also ether capitalization errors. OPTIdNS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 72-fit: HOUSING (H) DISTRICT.' 12-fit-~': PURPOSE; The Housing District ~g dis#ist 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 residenfiaf zoning districts. It is necessary in Phis ions district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 92-~'-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended fo be incidental and secondary to the residential uses of the district. The Housing District heusiF~g di-s is intended fo ensure thaf employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 72-61-79: DEVELOPMENT PLAN REQUIRED: A. Compatibility With fntent~ To ensure the unified development, the protection of the natural environment fhe compatibility with the surrounding area and to assure that development in fhe Housing Dis#rict #eusing district` will meet fhe intent of the zone district, an approved development plan shall be required. 39 B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of Phis articfe and shall be submitted by the developer fo fhe Administrafora~-inis#rate~, who shall refer it fa fhe Planning and Environmental Commission rir^^~^;~^~ ^~^' ^^,/:Y^~~°°^°nf°' so~iex~, which shalt consider fhe plan of a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Er1Ylr©nmenfal Commrss~on ~~~ C~"}~ ~nf,;r.,n,r,c..,fo! eommi~^rr~r. shall be held in accordance with section 12-3-6 of this Title. The Planning and Environmental Commission plaaeir~~ arc' sn may appr©ve fhe application as submitted, approve fhe application with condifians or modificafions, or deny the application. The decision of the Planning and Environmental Commission ~g rod' may be appealed fa the Town Council #a--setfnsil in accordance wifh section 12-3-3 of This title. D. Plan As Guide: The approved development plan shall be used as fhe principal guide far all development within fhe Housing flistrict heeling Wit. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this Title. F. Design Review Board Apprvva! ,Required: The development plan and any subsequent amendments thereto shall require fhe approval of the Design Review Board r''^°~^~ Y~4/flS9AP ,heard in accordance wifh fhe applicable provisions of Cshapter 11 of fhis fitle~prior to the commencement of site preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: The Aadministrator shall establish the submittal requirements far a development plan application. A complete list of the submittal requiremenfs shall be maintained by the Aadministrator and filed in the D~{eparfinenf of Csommunity l~develapmenf. Certain submittal requiremenfs may be waived and/or modified by the Aadminisfrator andlor the reviewing body if it is demonstrated by fhe Aapplicant that the information and materials required are not relevant to fhe proposed development or applicable to fhe planning documents that comprise fhe Vai! Comprehensive Plan,semprehens+vr plan-: The Adrninistratorad-~in~t~a~fer and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fa properly evaluafe the proposal. 12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criferr'a shall be used as the principal means for evaluating a proposed development plan. it shall be the burden of the applicant fa demonstrate That the proposed development plan complies wifh all applicable design criteria: 40 F. ,Environmenfal impacts resulfing from fhe proposal have been identified in fhe proiect's Eenvironmental !impact Rreport, if not waived, and all necessary mitigating measures are implemented as a part of fhe proposed development plan. CHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ART{CLE 72-7A: PUBLIC ACCOMMODATION (PAJ DISTRICT ARTICLE t 2-7B: COMMERCIAL CORE 9 (CC9) DISTRICT ARTICLE 72-7C: COMMERGIAL CORE 2 (CC2) DISTRICT ARTICLE 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT ARTICLE 12-7'rE`: COMMERCIAL SERVICE CENTER (CSC) DISTRICT ARTICLE 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT ARTICLE 92-7G: HEAIJY SERVICE (HS) DISTRICT ARTICLE t 2-7H: LIONSHEAD M1XED USE T (LMU-T) DISTRrcr AR7`ICLE t 2-71: LIQNSHEAD M1XED USE 2 (LMU-2) DISTRICT IssuE Zane districts are improperly referenced and the specific zone districts are not capitalized. There are also numerous grammatical errors throughout this Chapter. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. ISSUE With the new definitions of land uses relaked to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue t© confuse applicants with the various terms far parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. RECOMMENDED AMENDMENTS 92-7A: PUBLIC ACCOM1l~IQL]ATIOJVS QISTRlCT 12-7A-1: PURPOSE: The Public Accommodation Disfrict heusinQ disfris~ ~e is intended to provide sites for lodges and residential accommodations for visitors, fogether with such public and semipublic facilr'ties and limited pr©fessional ,offices, medical facilities, private recreation, commerciallrefail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adfacent land uses. The Public Accommodation Disfrict ;ar~lic c~ion a~is~trist is intended to ensure adequafe light, air, open space, and other amenities commensurate with lodge uses, and to mainfain the desirable resort qualifies of the zone disfricf by establishing 41 appropriate site development standards. Additional nonresidentiaf uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended fo function compafr`bly with the high density lodging character of the zone district. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 1 fa of this title: Bed and breakfast, as further regulated by section ~2-14-18 of this title. Churches. Fractional fee club units as further regulated by subsection 12-16- 7A8 of this title. Hospitals, medico! and dental clinics, and medical centers. Lodges, including accessary eating, drinking, or retail establishments located within the principal use and occupying between fen percent (1Q%) and fifteen percent (15f) of fhe total, gross residenfia! floor area of fhe main structure or structures on fhe site. Major arcade, so long as if does not have any exterior frontage an any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations, Private parking structures. Private unstructured parking. Professional and business offices. Public buildings, grounds and facilities. Pubcr"c parking structures. "~ia~ Public ar private schools. Public park and recreational facilr`ties. Public transportation terminals. Public unstructured parking. Public utility 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. 12-7A-6: SETBACKS: In fhe PA district, the minimum front setback shall be twenty feet (2Q), the minimum side sefback shall be twenty feet (2f7), and the minimum rear sefback shall be twenty feet (2Q'}. At the discretion of fhe Ppdanning and Eenvironmenfa! Csommissian and/or the Delesign Rreview Board, variations to the setback standards outlined above may be approved during the review of exterior, alternations or modifications {section 12-7A-12 of this article) subject to the applicant demonstrating compliance with fhe following criteria: 42 B. Proposed building setbacks comply wifh applicable elements of the Vai! Village Urban Ddesign Gguide Pplan and Ds~esign Csvnsideratr`ons. 12-7A-$: DENSITY CONTROL: Up to one hundred fifty (950 square feet of gross residenfial floor area (GRFA} may be permiffed for each one hundred (? 00~ square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by fhe P;~lanning and Eenvironmenta! Csvmmission in .accordance with section 12-7A- 9 2 of this article. Specificalyy, in determining allowable gross residertial floor area fhe Pplanning and Eenvironmental Csommission shall make a finding fhaf proposed gross residential floor area is in conformance with applicable elements of the Vail Village Durban Ddesign Gguide Pplan and Ddesign Csonsiderafions. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Far the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counfed towards densify. A dwelling unif in amultiple-family building may include one atfached accommodation unit no larger fhan one-third (1/3) of the focal floor area of fhe dwelling. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixfy five percent (65°l~ of fhe tofal site area. Final determination of allowable site coverage shalt be made by fhe Pplanning and ,Eenvirvrrmenta! Csommission and/or the Dd'esign Rreview hoard in accordance with section ?2-7'A-72 of fhis article. Specifically, in determining allowable site coverage the Pplanning and Eenvironmenfal Gsommission and/or fhe Dd'esign Rfeview Bboard shall make a finding fhaf proposed site coverage is in conformance wifh applr'cable elements of fhe Vai! Village Uerban Ddesign Guide Pplan and Dalesign Csonsiderations. 12-7A-19: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with Cshapter 90 of fhis Tfitle. At least sevenfy five percent (75%J of the required parking shall be located within fhe main building or buildings and hidden from public view. No of grade or above grade surface parking or loading area shall be Pocafed 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 subfect to the approval of fhe Pplanning and Eenvironmenfaf Csomrnission and/or fhe Dstesign Rrevlew Bboard. 72-7A-72: EJCTERIOR ALTERATIONS DR MODIFICATIONS: A. Review Required: The construction of a new building or fhe alteration of an existing building shall be reviewed by the Defesign Rreview Bboard in accordance with Cshapter 91 of fhis Ttifle. 43 However, any project which adds additional dwelling unifs, accammodafion units, fractional fee club unifs, any project which adds mare than one thousand {9,Oaa) square feet of commercial floor area or common space, or any project which has substantial off site impacts {as determined by the Aadministrator) shall be reviewed by the Pplanning and Eenvironmental Csommission as a major exterior alteration in accordance with this Cchapter and section 12-3-6 of this Ttitle. Complete appfications far major exterior alterations shall be submitfed in accordance with administrative schedules developed by the 17department of Csommunity Delevelopment far Pplanning and Eenvironmenta! Csammission arrd Delesign Rreview Bboard review. The fallowing submittal items are required: 1. Application: An application shall be made by the owner of the building ar the building owner's authorized agent or representative. on a form provided by the Aadministrat;~r. Any application for condominiumized buildings shall be authorized by the condominium association in conformity wifh all pertinent. requirements of the condominium association`s declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the i]~lepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive P,elan. The Aadministrator and/or the reviewing body may require the submission of addifional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessians/Concepfual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the P,elanning and Eenvironmental Csommission, a conceptual review with the Ddesign R{eview Bboard, ar a work session wifh the Ttown Csouncil, 4. Hearing: The public hearing before the P~Slanning and Eenviranmental Csommission shall be held in accordance with section 72-3-6 of this tifle. The P,elanning and Eanvironmenfal Csammission may approve the application as submitted, approve the application with conditions ar modifications, or deny the application. The decision of fhe Pplanning and Eenvronmental Csommission may be appealed to the Tfown Csauncil in accordance with section 72-3-3 of fhis Tfitle. 12-7A-73: COMPLIANCE BURDEN: !t shall be the burden of the applicant to prove by a preponderance of fhe evidence before fhe P,planning and Eenvironmental Csommissian and fhe E~esign Rreview B~board that the proposed exterior alteration or new development is in 44 compliance with the purposes of the P~SUblic Aaccammadation gone i7districf, that the proposal is consistent with applicable elements of the Vail {/+~illage Mr~asfer P,glan, the Vail Village Uurban Dslesign Gguide P}Slan and the Vail Ssfreetscape Mnaaster Pplan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of '.the Vail Csomprehensive Phalan. 92-7A-74: MITIGATION OF DEVELOPMENT fMPACTS: Property owners/developers steal! also be responsible for mitigating direct impacts of their develapmenf on public infrastructure and in aN cases mitigation sha11 bear a reasonable relation to fhe development impacts. Impacts may be determined based on reports prepared by qualified consulfants. The extent of mitigation and public amenr'ty improvemenfs shall be balanced with the goals of redevelopment and will be determined by fhe P~elanning and Eenvironmental Csammission in review of development projects and conditional use permits. Substantial off site r`mpacfs may include, but are not limited to, the following." deed restricted employee pausing, roadway improvements, pedestrian walkway improvements, sfreetscape improvements, stream tractfbank restoration, loading/delivery, public art improvements, and similar improvements. The infent of this section is fo only require mitigation for large scale redevelopmenf/development projects wpich produce substantial off site impacts 12-7B: COMMERCIAL CORE 1 (CC1 }DISTRICT: 12-7B-1: PURPOSE: Tpe Commercial Core 1 District is intended to provide sites and fo maintain the unique character of the Vail Village commercial area, wr`th its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Care ~ District is intended to ensure adequate light, air, open space, and other amenities appropriate fa the permitted types of buildings and uses. The zoning 9is~is# regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure fhe maintenance and preservation of the tightly clustered arrangements of buildings fronting an pedestrianways and public greenways, and to ensure continuation of fhe building scale and architectural qualities that distinguish the Village. 9~-78-7.~ EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review.' The construction of a new building, the alteratr'on of an existing building wpich adds ar removes any enclosed floor area, fhe alteration of an exisfing building which modifies exterior raoflines, tpe replacement of an existing building, tpe addition of a new outdoor dining deck or the modification of an exisfing outdoor dining deck shall be subject to review by fhe Pslanning and Eenvironmental Csommissian (PEC) as follows: 45 9. Application: An application shall be made by the owner of the building or the building owner's authorized agent ar representative on a form provided by the Aadministratar. Any application for condomfniumized buildings shall be authorized by the condominium association in conformity with all pertinent requiremenfs of the condominium associaffon's declarations. 2. Application; Contents: The Aadminfstrafor shall establish the submittal requirements for an exterior alteration or modification application. A complete List of the submittal requirements shall be maintained by the Aadministrator and filed in the Qdeparfinenf of Csommunity [?developmenf. Certain submittal requr'remenfs may be waived and/or modified by the Aadminisfrafor ar?dfor the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant fo the proposed developmenf or applicable fo fhe planning documents that comprise fhe Vail Csomprehensive Pplan. The Aadminfstrator and/ar the reviewing body may require the submission of additional plans, drawr"ngs, specifications, samples and other materials if deemed necessary fa properly evaluate the proposal. 3. Application Rafe And Procedures: Complete applicafions for major exterior alterations shall be submitted biannuaffy on ar before the fourth Monday of February or the fourth Monday of September. Submittal requirements shalt include al! informafion fn subsection A2 of this section; provided, however, that fhe architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Pplanning and Eenvironmenfal Csommissfan. IVo public hearings or work sessions shall be scheduled regarding exterior alterations prior fo the biannual submitfal date deadlines. At the next regularly scheduled Pplanning and Eenvironmenfal Csommission meefing following the submitfal dates listed above, fhe Aadminisfrafor shall inform the Pplannfng and Eenvironmenfal Csommission of a!1 exterior alteration submittals. The Aadminisfrafor shalt commence with the review of exterior alterations following this initial P;elannfng and Eenvironmenfal Ccommissian meeting, b. fVotwifhstanding the foregoing, applications for fire alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred (900) square feet, applications to alter fhe exferior roaflines of an existing building, applicafions for new outdoor dinr`ng decks and applications for modifications to existing dining decks may be submitted on a designated submittal date far any regularly scheduled PpJanning and Eenvironmenfal Csommissian meefing. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in Phis section. Al! enclosed floor area for an expansion or deletion pursuant to this subsection A3b shalf be physically and strucfurafly part of an existing ar new building and steal! not be a freestanding structure. c. A single property owner may submit an exferior alteration proposal which removes ar encloses floor area of one hundred (104) square feet or Less an a designated submiftal date and wilt 46 be reviewed by the P~alanning and Eenvironmental Csommission at any of its regularly scheduled meetings. 4. Work Sessions: !f requesfed by either the applicant or the Aadministrator, submittals shall proceed to a work session wifh the Pplanning and Eenvironmenfal Csommission. The Aadministrator shall schedule the work session at a regularly scheduled Pplanning and Esnvironmental Ceommission meeting and sha11 cause notice of the hearing to be serf to a!1 adjacent property owners in accordance with Ssubsection 12-3-6C of fhis Ttr`tle. Following the work session, and the submittal of any additional material that may be required, the Aadministrafor shall schedule a formal public hearing before the P;~lanning and Eenviranmental Csammission in accordance with Ssubsection 92- 3-6C of fhis Ttifle. 5. Hearing; The public hearing before the P~alanning and Eenvironmenta! Csommission shall be held in accordance with Ssectian t2-3-6 of this T~`itle. The Pplanning and Eenvironmenfal Csommr'ssion may approve the application as submitted, approve the application wifh conditions or modifications, or deny the application. The decision of the Pplanning and Eenviranrnenfal Csammission may be appealed to the Ttawn Csouncil in accordance wifh section 12-3-3 of fhis Ttitle. 6. Compliance With Comprehensive Applicable Plans: !f shall be the burden of the applicanf fo prove by a preponderance of the evidence before fhe Pplanning and Eenviranmenfal Csommission thaf fhe proposed exterior alteration Is in compliance wifh the purposes of the CC1 t7district as specified in section 12-78-7 of this article; that the proposal is consistenf with applicable elements of the Vai! Vwillage Mmaster Pplan, fhe Ttown of Vail Sstreefscape Mr-aaster Pplan, and the Vail Csomprehensive Pplan; and that the proposal does not otherwise negatively alter fhe character of the neighborhood. Further, that the proposal substantially complies with the Vai! 1/~illage Ut~rban Ddesign Gguide Pplan and the Vail Village t?slesign Csansiderations, to include, but not be limited ta, the following urban design cansiderafions: pedesfrianization, vehicular penetration, sfreetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies wifh aN other elements of the Vail Coampeehensive Pplan. 8. Lapse Of Approval: Approval of a major or minor exterior alferation as prescribed by this Cshapter shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Fenviranrnental Csommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligenfly pursued fo completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a sife within the CC1 Ddisfrr'cf shall be reviewed by the Dslesign Rreview Bboard in accordance with Cshapfer ~ 1 of fhis Ttifle. 47 B. Compliance Burden: !f shall be the burden of the applicant fa prove by a preponderance of the evidence before fhe Ddesign Rreview Bboard thaf the proposed building modification is in compliance wifh the purposes of the CC9 D6iistrict as specifred in section 72-78-7 of this article; that the proposal subsfanfially complies with fhe Vail V+~illage ~Ddesign Csonsiderafions, and that the propose! does not otherwise alter fhe character of the neighborhood. 92-78-8: CONDITIONAL USES; FACTORS APPLICABLE: In considering, in accordance wifh Cshapter 16 of this title, an applicafion for a condifional use permit within Csommercial Clore 1 Uelisfricf, the following development factors shall be applicable: A. Effects of vehicular traffic on Csommercial Gore 1 Ddistrict. B. Reduction of vehicular traffic in Commmercial Clore 1 Ddistricf. F. Confinuanee of fhe various commercial, residential, and public uses in Csommercial Clore 1 Odistrr`ct so as fo maintain the existing character of fhe area. G. Gonfrol quality of construction, architectural design, and landscape design in Csommercial Clore 1 Ddistricf so as fo maintain fhe existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the envr'ronment of Csommercial Clore 9 I~iistrict. 12-7B-9: ACCESSARY USES: The following accessory uses shall be permitted in the CC1 Dalisfrict: ~2-78-91: SETBACfCS: There shall be no required setbacks, excepf as may be established pursuant fo fhe Vail Village Ue(esign Gguide P,plan and l3design Ceonsiderafions. 12-78-12: HEIGHT.° Height shall be as regulated in the Vail Village Urban t]~lesign Gguide Pplan and D~lesr'gn Csansiderations. 12-78-13: DENSITY CONTROL: Unless otherwise provided in the Vail Vvillage Durban Ddesign Gguide P}slan, not more than eighfy {8f7) square feet of grass residential floor area {GRFA} shall be permitted for each one hundred {70a) square feet of buildable site area. Total densify shall not exceed fwenfy five {25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2} of a dwelling unit for purposes of calculafing allowable units per acre.. A dwelling unit in amultiple-family building may include one atfached accommodation unit no larger than one-third (1f3) of fhe total floor area of the dwelling, 48 92-7B-94: RECONSTRUCTION OF EXISTING USES; GENERALLY.` !f any bur`Iding or structure located within Corrlmercial Core ^^~~°~^~°t ^^~° 1 Ddistricf on June 9, 9978, is subsequently destroyed by fire or other casualfy to the degree provided in section 92-9$-9 of this fills, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage, and height in accordance with the procedures outlined in section 92-98-9 of this title, so long as the appearance of the building or structure is the same or substantially the same as existed prior to its destruction. 92-76-95: S1TE COVERAGE: Site coverage shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail Vvillage Ur~rban Dsfesign Gguide Pplan and Dalesign Csonsiderations. In Commercial Core D15#rict "^mmorniol ,.,,~^ ~ ground level patios and decks shall be Included in sr'te coverage calculations. 92-7B-95.` LANDSCAPING AND SITE DEVELOPMENT: No reduction in landscape area shall be permitted without sufficr`ent cause shown by the applicant or as specified in the Vai! Vvillage Dd'esign Csonsiderations as adopted in section 92-78-2Q of this Aarticle. 92-78-17.~ PARKING AND LOADING: Off s#ree# parking and landing shall be provided in accordance with Cshapter 1 Q of this title; provided, that no parking shaft be provided on site. All parking requirements shall be met in accordance wr'th the provisions of Cshapter 90 of this Tfitle. Loading requirements shall continue to be applicable to properties within Commercial Core District 9 dis#ist; ;exevis~ee~ provided That no loading areas shall be located in any required front setback area. 92-7B-99: RECONSTRUCTION OF E`XIS7"1NG USES; COMPLIANCE REQUIRED: Any building or structure located within Commercial Core 9 District dis#rict may be recons#ructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in section 12-98-9 of this title. The building, however, shall substantially comply wr`fh the applicable provisions of the Vai! Vvillage Uurban Ddesign Gguide ,P~elan and Dd'esign Csonsiderations, 92-78-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN: A. Adoption: The Vail Vvillage Durban Dctesign Gguide Pplan and Ddesign Ceonsiderations are adapted for the purposes of maintaining and preserving the character and vitality of the Var`1 49 Village (CC?} and fa guide the future alterafion, change and improvement in fhe CC9 De'isfricf. Copies of fhe Vail V~xillage Ddesign Gguide Plslan and Ddesign Csonsiderations shall be on file in the Ddepartmenf of Csommunity De-evelopment. 8. Revisions: Revisions to the Vail V~i1lage Uarban Dalesign Gguide P,plan and De~esign Csonsiderations shat! be reviewed by fhe P,elanning and Eenvironmenfa! Gsommission with official action to 6e fakers by the Ttown Csouncil by resolution on a semiannual basis to ensure that the plan reflecfs the purposes and intent for which it has been adopted. The review and action shall fake place wr'fhin thirty ~~g) days foflawing fhe public hearing on fhe applications. 12-7G: COMMERCIAL CORE ~' (CC2) D1STRICT.~ 12-7C~1: PURPOSE: The Commercial Core 2 Disfricf Est is intended fo provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core sersial~o€e .2 Distrlcf dtstriet in accordance with fhe Vail Vvillage Uerban Ddesr'gn Gguide Pplan and Ddesign Csonsiderations, as adapted in section 12-7C-15 of this articfe is intended to ensure adequate light, air,, open space and other amenities appropriate to fhe permitted types of building and uses and fo maintain the desirable qualifies of the zone district by establishing appropriate site development standards. 72-7C-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to fhe establishment of any Commercial Core 2 Disfricf ~ or enlargement of any existing Commercial Care ersra.' ire 2 Disfricf +drstriet by change of rave district boundaries, fhe Ttown Gsouncil shall by resolution adopt a general development plan for fhe proposed zone distrr'cf. The general development plan may be prepared by an applicant for fhe establishment of such zone district or may be prepared by fhe Ttown. The development plan shall 6e submitted to the P,elanning and Eanvironmental Csommissian for review, and fhe Plslanning and Eenvironrnental Csommission shall submit its findings and recommendations on the plan to the Ttawn Csauncr'1. 13. Development Plan Canfent: The Aadminisfrator sha11 establish the submittal requiremenfs fora development plan application. A complete Gst of the submittal requirements shall be mainfained by the Aadministrator and bled in fhe Ddepartment of Ceommunity Ddevelopment. Certain submittal requiremenfs may be waived and/or modified by fhe Aadministrator ano%ar fhe reviewing body if it is demonstrated by the applicant fhaf the information and maferials required are not relevant fa the proposed development or applicable to the planning documents that comprr'se fhe Vail Csomprehensive Pplan. The Aadministrafor 50 and/ar the revr'ewing body may require the submission of additional plans, drawings, speci~cafions, samples and ofher materials if deemed necessary to properly evaluate fhe proposal. C. Plan Used As Guide: The development plan shall be used as a guide for fhe subsequent development of sites and the design and location of buildings and grounds within fhe cone districf. All plans subsequently approved by fhe Ddesign Reeveew Bfioard in accordance with Cshapter 1? of this Ttitle, shall substantially conform fo with fhe development plan adopted by fhe TEown Csouncil. 12-7C-3: PERMITTED AND CONDITIONAL USES: !n the CC2 District afistris~, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core~Te; ci~sere 1 District diist` as prescribed by sections 12-7B-2 through 92-78-5 of this Cshapter. Retail sfores and establishmenfs shall not occupy more than eight thousand (8, Ogdy square feet of floor area, 92-7C-5: EXTERIORAL7'ERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alterafion of an existing building which adds or removes any enclosed floor area., the alteration of an exisfing building which modifies exterior rooflines, fhe replacement of an existing building, fhe addition of a new outdoor dining deck or fhe modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Fenvironmental Csommission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or fhe building owner's authorized agent or representative on a form provided by the Aadminisfrator. Any application for condominiumized buildings shall be authorized by fhe condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Applicafion; Confents: The Aadminisfrator shall establish fhe submittal requirements for an exterior alteration or modification application. A complete fist of the submittal requirements shall be maintained by the Aadminisfrator and filed in the Ddepartment of Csommunity Ddevefopment. Certain submittal requirements may be war"ved and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by fhe applicant that the information and materials required are not relevant tv fhe proposed development yr applicable to fhe planning documents That comprise fhe Vail Csomprehensive P,glan. The Aadminisfrator and/or the reviewing body may require fhe submission of additional plans, drawings, specifications, samples and ofher materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures: Complete applkafions for major exterior alterations shall be submitted biannually vn or before fhe fourth Monday of February or the fourth Monday of September. Submiffal requirements shall include all information in 51 subsection A2 of this section; provided, however, that the architectural or massing modef shall be submitted no later than three (3} weeks prior to the first formal public hearing of the Pplanning and Eenvironmenfa! Csommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior fa the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Csommission meeting foUawing the submittal dates lisfed above, the Aadminlstrafor shah inform the Pplanning and Eenvironmental Ceomrnission of alI exterior aIteration submittals. The Aadministrator shall commence with the review of exterior alferafions following this initial Pplanning and Eenvironmental Csommission meeting. e. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (~ OU} square feet or less on a designafed submittal date and will be reviewed by the Pplanning and Lenvironmental Csommissian at any of its regularly scheduled meetings. 4. Work Sessions; If requesfed by either the applicant or the Aadministrator, aA submittals shall proceed fo a wank session with the P,elanning and Esnvironmenta! Csommission. The Aadminisfrator shall schedule the work session at a regularly scheduled P,elanning and Eenvlronmenta! Csammisslan meeting and shall cause nofice of the hearing to be sent to a!! adjacent property owners in accordance wifh subsection 12-3-6C of this title. Following the work session, and the submittal of any' additional material that may be required, the Aadministrafor shall schedule a formal public hearing before the Pplanning and E~nviranmental Csommission in accordance with subsection 12- 3-6C of this title, 5. Hearing: The public hearing before the Pplanning and Eenvironmental Csammission steal! be held in accordance with section 12-3-6 of this title. The Pplanning and Eenuironmental Csommissian may approve the application as submitted, approve the application wifh conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Csommission may be appealed fo the Ttown Csaunci! in accordance with section 12-3-3 of this title. ~. Compliance With Applicable Comprehensive Plans: It shall 6e the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommissian that the proposed exterior alteration is in campliance with the purposes of the CC2 Ddistrict as specified in section 92-7C-9 of this article, That the proposal is consistent with applicable elements of the Vai! Village Urban 1~esign Gguide Pplan and the Vail Village I1~lesign Csonslderations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Vail Commprehensive PlSlan. 8. Lapse Of Approval: Approval of a major or mr`nar exterior alteration as prescribed by this article shall lapse and become void fwo (2} years following the date of approua! of the major or minor 52 exterior alteration by the Pplanning and Eenvr`ranmenfal Csommission unless, prior to the expirafian, a building permit is issued and consfructian is commenced and diligently pursued to completion. 9. Design Review Board ,Review: Any modification or change to the exferior facade of a building ar fo a site wifhin the GC2 Ddisfricf shall be reviewed by fhe Ddesign Reeview Bboard in accordance wifh Cshapfer 91 of this title. B. Compliance Burden: !f steal! be the burden of fhe applicant to prove by a preponderance of the evidence before fhe Ddesign Rreview Bboard that the proposed building modification is in compliance with the purposes of fhe CC2 De!istrict as specified in section 12-7C-7 of this article; that fhe proposal substantially complies with the Vail Village Ddesign Csonsiderafians or that the proposal does naf atherwise alter the character of fhe neighborhood. 92-7G-6: ACCESSORY USES: The following accessary uses shall be permitted in the CC2 Ddistricf: 12-7C-8: SETBACKS.' In fhe CC2 Dslistrict the minimum front setback shall be fen feet (~10'}; the minimum side setback shall he fen feet (10); and the minimum rear setback shall be ten feef (10) unless otherwise specified in the Vail Village Durban f]slesgn Gguide Pplan and Dslesign Csansiderations. 12-7C-9: HEiGNT: Far a flaf roof or mansard roof, the height of buildings shall not exceed forty five feet (45'}, For a sloping roaf, fhe height of buildings shall not exceed tarty eight feet (48). These restrictions pertain unless otherwise specified by the Vail Village Utrrban Dslesign Gguide Pplan and Durban Ddesign Gsonsiderations. 12-7C-10: DElVS1TY G©NTRQL: Unless otherwise specified in fhe Vai! Village U~rrban Ddesign Gguide Pplan, naf more than eighty (80) square feet of gross residential floor area (GRFA} shall be permitted for each one hundred (9OQ} square feet of buildable site area. Total density shall not exceed twenty hwe (25} dwelling units per acre of buildable site area. Each accammadativn unit shall be counted as one-half (7/2} of a dwelling unif for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3} of fhe total fJaar area of fhe dwelling. 12-~C-? 7: SITE COVERAGE': Sr`te coverage shall not exceed sevenfy percent (7®%} of fhe Total site area, unless otherwise specified in the Vail Vvillage U~rrban Ddesign Ggur'de Pplan and Ddesign Csonsiderafians. 53 ~z-7c-~2: LANDSCAprNG aND srTE DEVELaPMENr: Af least twenty percent {2f~1) of fhe total site area shall be landscaped unless otherwise specified r'n fhe Vail Village Ut~rban Dd'esign Gguide P,elan and f~tesign Csonsiderations. 12-7C-15: VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATiaNS: A. Adoption: The Vail Village Ur~rban D~lesign Gguide Pplan and Ddesign Csonsiderafions are adopted for the purpose of maintaining and preserving fhe character and vitalify of Vail village {CC2) and fo guide the future alterations, change and improvement in fhe CC2 D,~istricf. Copies of the Vail Vr'llage Uurban Dslesign Gguide F'lalan and Ddesign Csonsiderations shall be on file in the Dd'epartment of Csommunity De(evelopmenf. B. Revisions: Revisions to the 1/ar'1 Village Uurban Ddesign Gguide P;elan and Ddesign Ceonsiderafions shall be reviewed by. the Pplanning and Eenuironmenfal Csommission with official action to be taken by the Tfown Csouncil by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall fake place within thirty (30) days following the ,public hearing on the applications. 92-7D: CaNDMIERCIAL CORE 3 (CC3) DISTRICT 12-7D-9: PEfRMlTTED USES: The following uses shall {be permitted in fhe Commercial Core l~nmmnrr ~enl nnrn ~ ~'lstr«.+i ~t: 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the Commercial Core 3 District' ~, subject to issuance of a conditional use permit in accord with the provisions of Cshapter 9fi of this Tfitle: ~ 2-7D-3: ACCESSORY USES: The following accessory uses shall be permitfed in fhe Commercial Core ~rr~r~~sefe 3 District ~strist: 12-7D-5: SETBACKS: In the Commercial Core 3 District ~, fhe setback shall be twenfy feet (2(1') on all exterior boundaries of the zone district. , 12-7E: COMMERCIAL SERVICE CENTER dCSC) DISTRICT 12-7E-1: PURPOSE: The Cammercial Service Center District is intended to provide sites for general chapping and commercial facilities cerving the Tawn, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic cammercial functians of the zone district ~3ist-r+et. The 54 • • 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 far permitted commercial uses. 92-7E-2: REQUIREMENTS FUR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to fhe establishment of any COrnmercial Service Genfer ^^~^~^^"`^"'' nnn~incs ,.o.,fa~ pistrict disfrisf or enlargement of zone district boundaries, the Tfown Csauneil steal! by resolution adopt a general development plan far the proposed zone district. The development plan may be prepared by an applicant for the establishmenf of the zone district or may be prepared by the Tfown. The development plan shall be submitfed to fhe F,alanning and Eenvr'ranmental Csommissian for review, and the P,planning and Eenvironmental Csommission shall submit its findings and recommendations on the plan to the Ttown Csauncil. B. Plan Content: The Aadminisfrafar shall establish the submittal requirements far a development plan applicatr'an. A complete list of the submittal requirements shall be maintained by fhe Aadminisfrator and filed in the Ds4'epartment of Csommunify Uefevelopment. Certain submittal requirements may be waived and/or madih'ed by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed develapmenf ar applicable to fhe planning documents that comprise the Vail Csomprehensive Pplan. The Aadmiraistrator and/or the 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 Ta Be Guide: The development plan shall be used as a guide far fhe 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*eview Bbaard in accordance wifh Cshapter 71 of this Tfitle shall substantially conform to ~atith the development plan adopted by the Tfown Csouncil. 12-7E-4: CONDITIONAL USES: ' The fallowing conditional uses shalt be permitted in fhe CSC district, subject fo issuance of a conditional use permit in accordance with the pravisi©ns of Cshapter 16 of this Tfitle: 12-7E-5: ACCESSORY USES: The following accessary uses ^a~istrict.~ 2-7E-7: SETBACKS: 5~ shall be permitted in the CSC In the CSC Urlistrict, the minimum front setback shad! be twenfy feet (20'), fhe minimum side setback shall be twenty feet (2Q'), and the minimum rear setback shall be twenty feef (20). 12-7F: ARTERIAL BUSINESS (ABD) t]ISTRlCT 12-7F-1: PURPOSE: The Arterial Business arter~~ness Disfrr'cf ~~ is infended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limifed shopping and commercial facilities serving the Ttown and Upper Fagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The Arterial Business ,Qistrict ~fistr~st is infended to ensure adequate light, air, open space, and other amenities appropriate to permitted arrd conditional types of buildings and uses, and to maintain a convenient 'limited} shopping, business, service, and residential environment. 12-7F-~~ GENERAL CIRCULATIONAND ACCESS PLAN: A. Plan Required: Prior to any [design Rreview Bboard approval for a building irr the Aarterial Bbusiness Dslistricf or enlargement of an existing Aarterial B~business Ddisfrict by change of zone district boundaries fhe Pplanning and Eenvironmenta! Csommisslon shall adopt a general clrculation and access plan for the proposed zone district. B. Plan Content: The Aadministrafor shall establish the submittal requirements for a general clrculation and access plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunify L~developmenf. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that fhe information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or fhe reviewing body may require fhe submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The general circulation and access plan shat! be used as a guide for the subsequent development of sites and fhe design and location of buildings and grounds within the zone district. All plans subsequently approved by the Da'esign Rfeview Bboard in accordance with Cshapter 11 of this Ttiffe shall substantially conform to the plan adopted by fhe Pplanning and Eenvironmental Csommission. ~. Amendments To Plan: The genera! clrculation and access plan can be amended by the P~alanning and EenvironmenfaJ Gsommr`ssion of a public hearing. E. Prior Approval Required: Before a building permit is issued on any building, design guidelines for streets and parking dot S6 lights, pavement treatment and benches, must be submitted and approved by fhe t?sleparfinenf of Csommunity Defevelopment. 72-7F-3: PERMITTED USES: The following uses shall be permitted in the Arferiaf Business District alistrist: 12-7F-4.' COIVQ1TlONAL USES: A. Enumerafed.• The following conditional uses shall be permitted in the Aarteriaf Bbusiness Ddisfricf, subject to fhe issuance of a conditional use permit in accordance with fhe provisions of Cshapter ? ti of this Ttitle: Any use permitted by section ?2-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further provided by section 92-74-18 of this tifle. ,brew pubs. Child daycare center, 1yMpi~c/r~o}b~re~werl`y`.~p r TTRIIiCi 1~;~ ~\I v~.+~ ~~' Yw IAA Yl.'3 YIl IYIfI Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type 111 employee housing units {EHU} as provided in chapfer 93 of this title. B. Subject To Review: The following uses shall be permitted on the first (streef} level floor wifhin a structure subject fo fhe issuance of a conditional use permif and are listed as such due to their potenfial individual and cumulative impacts of generating traffic in the Aarterial Bbusiness [district and will receive review under the provisions of Cshapter 76 of this Ttifle with specific emphasis on fhe criteria of traffic generation 72-7F 5: ACCESSORY USES: The following accessory uses shall be permitted in fhe Aarterial Bbusiness Dalisfrict: 7 2-7F-7: SETBACKS: In fhe Aarterial Bbusiness ,Ddistricf, setbacks shall be as follows: t 2-7G: HEAVY SERVICE (HS) DISTRICT Z2-7G-1: PURPOSE: The Heavy Service ,District is intended fo provide sites for automotive-oriented uses and for commercial service uses which 57 are not appropriate in other commercial districts. Because of the nature of fhe uses permitted and their operating characteristics, appearance and pofential for generating automotive and truck traffic, all uses in the Heavy Service district are subject to the conditional use permit procedure. In granfing a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restricfive development standards than the standards prescribed far fhe zone district ~ in order to protect adjoining uses from adverse influences. 12-7H: L10NSI-IE~V©M'IXED USE i (LMU-9} DISTRICT: 12-7H-1: PURPOSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture ofmultiple-family dwellings, lodges, hotels, fractional fee clubs,. time shares, lodge dwelling units, restaurants, offrces, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance wifh the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permr`tted types of buildings and uses and to maintain the desirable qualities of the zone district ~is#t by esfablishing appropriate site development standards. This zone district gist is meant to encourage and provide incentives for redevelopment in accordance with fhe Lionshead Redevelopment Master Plan. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUlLD1NG OR OUTSIDE OF A BUILDING}: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the previsions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this fide. Brew pubs. Coin operated laundries. Comrr~ercial storage.. 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 unsfruefured parking. Public utility and public service uses. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance wifh the provisions of ti 12 3 4 f thi titl sec on - - o s e. ~~ 9Z-7H-6: ACCESSC7RY USES: The following accessory uses shall be permitted in the Lionshead Nfmixed tlt~se 7 Dclistrict: ~2-7H-7.' EXTERIORALTERATIQNS QR MQDIFICATICJNS: 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 8 of this section shall be reviewed by the Ddesign Rreview Bboard in accordance with Cshapter 79 of this Ttitle. ?. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 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, fractions! fee club units, fimeshare units, any project which adds more than one thousand (7,Of1~} square feet of commercial floor area or common space, or any project which has substantial off site impacts ~(as determined by the Aadministrator} shall be reviewed by the P;elanning and Eenvironmenta! Csommission as a major exterior alteration in accordance with this Cshapter and section 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmenta) Csommission in accordance with Cshapter 9& of this Ttitle.' ' Complete applications for major exterior alterations shall be submitted in accordance with adminisfrative schedules developed by the Dctepartment of Csommunity Delevelopment for P~alanning and Eenvironmental Csommission and L)e~esign Reeview Bboard review. 9. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application steal! be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator, Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all ,pertinent requirements of the condominium association's declarations. b. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be mainfained by the Aadministrator and filed in the Ddepartmen# of Csammunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and maferials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other 59 materials if deemed necessary to properly evaluate fhe proposal. C. Work Sessions/Conceptual Review: If requested by eifher fhe applicant or the Aadministratar, submitfals may proceed to a work session with the Pplanning and Eenvironmenta! Csommission, a conceptual review wifh the Ddesign Rreview Bboard, or a work session with fhe Ttown Csouncif. D. Hearing: The public hearing before fhe Pplanning and Eenvironmental Csommission shall be held in accordance with section 12-3-6 of this title. The P,olanning and Eenvironmental Csommission may approve fhe application as submitted, approve fhe application with conditions or modifications, ar deny the application. The decision of the Pplanning a-ad Eenviranmental C.sommission may be appealed fa the Ttown Csounci! in accordance with section 12-3-3 of this title. 12-7H-8: COMPLIANCE BURDEN: It shall be the t~urden of fhe applicant to prove by a preponderance of fhe evidence before the Pplanning and Eenviranmental Csommission and fhe Ddesign Rreview Bboard that the proposed exterior alterafion or new developmenf is in compliance with fhe purposes of the Lionshead Mixed Use mixed use 1 District district, that the praposal is consistent wifh applicable .elements of the Lionshead Rredevelopmer~t Mmaster Pplan and that fhe 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 fhe Vail Csomprehensive Pplan. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet {10) unless otherwise specified in the Lr"onshead Rredevelopment Mmaster Pplan as a build-fo line. 12-7H-17: HEIGHT AND BULK: Buildings shall have a maximum average building height of seuenfy one feet (71') with a maximum heighf of 82.5 feet, as further defined by the Lionshead Rredevelopment Mmaster P;elan. Alf development shall compfy with the design guidelines and standards found r'n fhe Lionshead Rredevelopment Mmaster Pplan. Flexibility wifh the standard, as incorporated in the Lionshead Rredevelopment Mmaster Pplan, shaft be afforded to redevelopment projects which meet the intenf of design guidelines, as reviewed and approved by fhe f7design Rreview Bboard. 12-7H-14: SITE COVERAGE: Site caverage shall not exceed seuenfy percent (70%) of the Total sr`te area, unless otherwise specified in fhe Lionshead Rredevelopmenf Mmaster Pplan. 12-7H-15: LAN©SCAPING ANf3 SlTF DEVELOPMENT. At least twenty percent {20%) of fhe total sife area shat! be 60 landscaped, unless otherwise specified in the Lionshead Rredevelopmenf Mmaster Plslan. 12-7H-?8: MITIGATION C}F DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating dr'rect impacts of their developmenf on public • infrastructure and in all cases mitigation shall bear a reasonable relation fo fhe developmenf impacts. lmpacfs may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with fhe goals of redevelopment and will be determined by the Pplanning and Eenvironmenfa! Csorr~missicn in review of development projecfs and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements,. streefscape improvements, stream fract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only requr`re mitigation for Large scale redevelopmenf/developmenf projecfs which produce substanfiai off site impacts. 12-71: L1C?NSHEAD M1XED USE 2 (LMU-2} DISTRICT 12-7l-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use. 2 ' District, in accordance with the Lionshead Redevelopment Master Plan, is intended fo ensure adequate light, air, open space and ofher amenities appropriate to fhe permitted types of buildings and uses and to maintain the desirable qualifies of the zone district Bisfrict by establishing appropriate site developmenf standards. This zone district District is meant #o encourage and provide incenfives for redevelopment in accordance with fhe Lionshead Redevelopment Master Plan. 72-71-t^i: ACCESSORY USES; The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District ' ~ a! ~~c ' district: 12-7l-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Rrevr'ew Bboard in accordance with Cehapfer 91 of this Tfifle. . However, any project which adds additions! dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (9,©t70} square feet of commercial floor area or common space, or any project which has substanfr"al off site impacts (as determined by the Aadministrator} shall be reviewed by fhe Pplanning and 61 Eenvironmental Csommissian as a major exterior alteration In accordance wt'th this Cshapter and section ~ 2-3-6 of this 7title. Any project which requires a conditional use permit shall also obtain approval of the Planning and Eenvironmental Ceommission in accordance with Cshapfer 96 of Phis 7title. Complete appficatians for major exterior alterations shall be submitted in accordance with administrative schedules developed by fhe Ddepartmenf of Csommunify Ddevelopment for Pplanning and Eenvironmenfal Csammissian and Dsfesign Rreview Bboard review. B. Submittal Items Required: The following submittal items are required: 9. Application: An application shall be made by fhe owner of the building or the building owner`s authorized agent or represenfative on a form provided by fhe Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents; The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Dsleparfinent of Csommunify Ddevelopment. Certain submittal requirements may be waived and/ar modified by fhe Aadministrator and/ar the reviewing body if it is demonstrated by fhe applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fo properly evaluafe fhe proposal. C. Work Sessions/Canceptual Review: !f requested by either fhe applicant or fhe Aadministrator, submittals may proceed fo a work session with fhe Pplanning and Eenvironmental Csommission, a cvrrcepfual review with fhe Ue(esign Rreview B,board, or a work session with the Ttown Csauncil. D. Hearing: The public hearing before the Pplanning and Eenvironmental Csammission shall be held in accordance with section 92-3-fi of this tifle. The Pplanning and Eenvironmental Csommission may approve fhe application as submitted, approve the application with conditions ar modifications, or deny the application. The decision of the Pplanning and Eenvironmental Csommissian may be appealed to fhe Ttown Csouncil in accordance with secfion 12-3-3 of this title. 12-71-8: COMPLIANCE Bd1RDEN.° It shall be the burden of fhe applicant to prove by a preponderance of fhe evidence before the Pplanning and Eenvironmental Csommission and fhe Ddesign Rreview Bbaard that the proposed exterior alterafian or new develvprnenf is in compliance with the purposes of fhe Lionshead Mixed Use n~ 62 tfse 2 ~isfrlcf disfrist, that fhe proposal is consistent wifh applicable elements of the Lionshead Rredevelopment Mmaster Pplan and that fhe proposal does not otherwise have a significant negative effect on the character of fhe neighborhood, and fhaf the proposal substantially complies with other applicable elements of fhe Vail Csomprehensive P;~lan. 92-7I-90: SETBACKS: The :minimum building setbacks shall be fen feet (90) unless otherwise specified in the Lionshead Rredevelopment Muster Phalan as a build to line. 92-71-91: HEIGHT ANf~ BULK.' Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as furfher defined by fhe Lionshead Rredevelopment M~raster Pplan. AN development shall comply with fhe design guidelines and standards found in fhe Lionshead Rredevelopment Mmaster P~alan. Flexibility wifh the standard, as incorporated in fhe Lionshead Rredevelopment Mmaster Pplan, shall be afforded to redevelopment projects which meet the infenf of design guidelines, as reviewed and approved by the Defesign Rreview E3,~oard. 12-7I-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%,~ of the total site area, unless otherwise specified in fhe Lionshead Rredevelopment Mmasfer Pplan. 72-71-95: LANL7SCAPING AND S1TE DEVELGPM,ENT.' At bast twenty percent (20{} of the total site area sha11 be landscaped, unless otherwise specified in the Lionshead Rredevelopment Mmaster Pplan. 92-71-?'8: M171GAT10N OF [?EVELQPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrasfructure and in all cases mitigation shall bear a reasonable relation fo 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 wifh the goals of redevelopment and will be determined by the P,elanning and Eenvironmental Csommissr`on in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streefscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this secfion is fa only require mitigation for large scale ! redevelopment/development projects which produce subsfanfia off site impacts. 63 GHA~P7ER 12-8: OPEN SPACE AND RECREATION DISTRICTS ARTICLE 12-8A: AGRICULTURAL AND OPEN SPADE (A) DISTRICT ARTICLE 12-8B: OUTD©OR RECREATION (OR} DISTRICT ARTICLE 72-8D. ?2-SD: SKI E3ASURECREA710N {S8R) DISTRICT ARTICLE 12-8E: 12-8E: SKI BASEIRECREATION 2 {SBR2} DISTRICT: ISSUE Zane districts are improperly referenced and the specific Zane districts are not capitalized. There are also numerous other grammatical errors throughout this Chapter. The word "applicant" is improperly utilized in Section 12-5E-19. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. In Section 12-5E-19, the proposed text amendment calls for "applicant" to be changed to "developer," as this is the term used in Section 12-8E-19A. "Developer" is the proper word to be used, over "applicant" as in describing who is conducting work at this point in the development process. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms far parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. RECf]MMEIVDED AMENDMENTS i2-8A-1: PURPOSE: The Agricultural and Open Space Disfricf is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agriculfural and open space objectives. Parks, schools,. and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sr'tes of These Uses remain predominantly open. Site development standards are intended to preclude intensive. urban development i and to maintain the agricultural and open space characterisfics of the zone disfricf 9istract. 12-8g: C)f/T©OOR RECREATION (OR) DISTRICT 72-$E3-9: PURPOSE: The Outdoor Recreation ems: r :~^~^~f~. Disfricf list, is intended to preserve undeveloped or open space (ands from intensive development while permitting outdoor recreational activities That provide opportunities far active and passive recreafion areas, facilities and uses. 65 12-SB-6: SETBACKS: In the OR t7€tisfrict, the minimum setback shalt be twenty feef (20) from all property lines, except as may be further restricted by the Pplanning and Eenvironmental Gsommission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Cshapfer 1fi of this Ttitle. 12-8B- 9 f1: LANDSCAPING AND SITE DEVELOPMENT: Landscape requirements shall be determined by the Ddesign Rreview B,~oard in accordance with Cshapter 19 of this Ttitle. 92-88-12: ADDITIONAL DEVELOPMENT STANDARDS: Addifional regulations pertaining to site development standards and the development of land in the Oeutdoor Rrecreation fldisfrict are found in Cchapter 14 of fhis Tfifle. 12-8D: SKI BASE/RECREATION (SBR) DISTRICT 12-8D: SKI BASE/RECREATION 1 DISTRICT.' 12-8D-2: Permitted Uses: E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school bur`ldings as shown on the approved development plan zoned Ski Base/Recreation 1 ©istricf: Bus and skier drop off; Food and beverage service. Indoor and outdoor ski storage. Mountain storage buildings. Private unstr~rctured parking. Public parks, tennis and volleyball courts, and playing fields, playgrounds. Ski racing facilities.. Ski schoo! acfivities. Ski trails, slopes and tiffs. Snowmaking facilities. Special community events. .SurfasT ~. ~r~~ Water-treatment and storage facilities buildings. 12-8D-3: CQNDlTIONAL USES: The following conditional uses sha11 be permitted in the S&k~ Bbase/Rrecreation Ddistricf, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: 12-8D-~: ACCESSORY USES: The following accessory uses shall be permitted in Bbase/Rfecreation fldistricf: 12-8D-5: LOCATION OF BUSINESS ACTIVITY: && All offices and retail sales conducted in the Sski B,~ase/Rrecreafion Ddisfrict shall 6e operated and conducfed entirely within a building except for approved special events and food and beverage vending. '12-8D-6: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure fhe unified developmenf, the protection of fhe natural environmenf, fhe compatibifify with the surrounding area and fo assure that development in the Sski 8base/Rrecreation Ddistrict will meet the intent of the zone district, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance wifh section 72-8D-7 of this article and shalt be submitted by fhe developer fo the Aadministrator, who shall refer it fa fhe P,elanning and ,Eenvironmental Csommission, which shall consider fhe plan of a regularly scheduled meeting. A report of the Pplanning and Eenvironmenta! Csommission sfafr'ng its findings and recommendations shall be transmitted to the Ttown Csounci! for approval in accordance wifh fhe applicable provisions of sectr'on 12-16-6 of this title. C. Plan As Guide; The approved development plan shall be used as fhe principal guide for al! development within the Sski Bbase/Rrecreation ,adistrict . E. DRB Approval Required: The development plan and any subsequent amendments thereto shall require fhe approval of fhe Ildesign Rreview S,~oard in accordance wifh fhe applicable provisions of Cshapter 77 of this Ttifle prior to the commencement of site preparation. 72-8D-7: DEVELOPMENT PLAN CONTENTS: The Aadminisfrafor shall esfablish the submitfa! requirements for a developmenf plan application. A complete list of fhe submittal requirements shaA be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Dg'evelopmenf. Certain submittal requirements may be waived and/or modified by fhe Aadministratar and/ar the reviewing body if if is demonstrated by fhe applicant that the information and materials required are not relevant to fhe proposed development or applicable to fhe planning documents that comprise fhe Vail Gsomprehensive Pplan. The Aadministrator and/or fhe reviewing body may require fhe submission of additional plans, drawings, specifications, samples and other maferials if deemed necessary to properly evaluate the proposal. 92-8D-8: DEVELOPMENT STANDARDS/CRITERIA FOR' EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of fhe applicant to demonstrafe that fhe proposed development plan complies wifh all applicable design criteria. E. Environmental impacfs resulting from the proposal have 67 been identified in the project's Eenvironrnental Ilmpacf Rreport, If not waived, and all necessary mitigating measures are implemented as a part of the proposed develapment plan. F. Compliance with fhe Vail Csomprehensive P~e1an and other applicable plans. 92-8D-10: SETBACKS: !n fhe Sski B,~ase/Rrecreation Ddsfrict, front, side, rear and stream setbacks shall be as Indicated on the approved development plan. 12-8E: SKI BASE/RECREATI©N 2 (SBR2} DISTRICT: 92-8E-1: PURPOSE: The Ski Base/Recreation 2 Distrlcf disf~t is intended fo provide sites for facilities, activities and uses necessary for and appurtenant to fhe operation of a ski mountain.. A variefy of other facilities, uses and activities, including, but not limited to, residentr'aI, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within fhe zone district. The Ski Base/Recreation ski-~ase,~r~srcrat'~n 2 f]Isfrict ~ is Intended fo ensure adequate light, air, open space and other amenities appropriafe to permitted and conditional uses throughout fhe zone district. !n order to achieve this objective and to ensure compafibilify wifh adjacent land uses, aI! permitted uses, develapment and activity within the zone district shall be subject to approval of a comprehensive develapment plan in accordance with the provisions of Phis article. Furthermore, due to fhe likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the Ttown, development within this district shall be evaluated based upon its ability to meet fhe specific purposes of this title and to provide "compelling publr'c benefits which further fhe public Interests" that go beyond any economic benefits to the landowner. ? 2-8E-2: FERMI TIED USES: A. The following uses shall be permitted within the Ski Base/Recreation ~.';: ~1-el~e~sn 2 Ddlstricf: 72-8E-3: GONDITIONAt. USES: The following conditional uses shall be permitted in the Ski Base/Recreation 2' Dc'isfricf, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 76 of this Ttitle: 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation 2 L7cfistricf: 72-8E-5: LDCATIC)N OF BUSINESS AGTJVITY: 6~ A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation sl4i 2 {SBR2} Ddistrict shall be operated and conducted entirely within a building, except far approved special. community events, autdoor display of goods, and outdoor restaurant seating. 72-8E-8: DEVELOPMENT PLAN: A. Devefopment Plan Required: Prior to site preparation, building construction, or other improvements fo land within the Ski' Base/Recreation 2 Ll~distrr'ct, there shall be an approved development plan for said district or portion (hereof. An' approved development plan shall be the principal documenf in guiding the development, uses and activities of land within the district. A development plan shall be approved by the planning and environmental commission. Development sfandards including setbacks, site coverage, landscaping, density (CRFAj and parking shall be determined by the Pplanning and Eenvironmenta! Csommission as par( of the approved development plan. This determination is fo be made based an the proposed development plan's compliance wifh the design criteria outlined in section 12- 8E-9 of (his article. B. Applicafion: An applicafr`on far approval of a development plan may be filed by any owner of property within the Ski Base/Recreation ~ 2 Ua'isfricf or his (her, agent or authorized representative. The application shall be made on a form provided by the Ddepartment of Csommunify Dsdevelopmenf and shall include: a legal descrrpfion of the property, a list of names and mailing addresses flf all adjacent property owners and written consent of owners of alI property fo be included in the development plan, or their agents or authorized representatives, The application shall be accompanied by submittal requiremenfs outlined in subsection 92-8E-8A of this article and a development plan as outlined in subsection C of this section. 72-8E-7: DEVELOPMENT REVIEW PROCEDURES: A. Pre-application l~eapplisatieq Conference: Prior to submittal of a formal application for a development plan, the applicant shall hold a pre-application pr~pp~s~iera conference with the Ddepartment of Csommunity U~Ievelopment. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail Csomprehensive Pplan, and the review procedure that will be followed for the application. 8. PEC Conducts Final Revrew: The final review of a proposed development plan shall be by the Pplanning and Eenvironmental Csommission at either a regularly scheduled meeting or a special meeting. Prior fo this meeting, and of the discretion of the Aadministrator, a work session may be held wifh fhe applicant, staff and the Pplanning acrd Eenvironmental Csommissian to discuss the development plan. A report of the 69 Ddepartmenf of Csommunity t7+development staffs findings and recommendations shall be presented of a public hearing before the P;edanning and Eenvironmenfal Csommission. The P,slanning and Eenvironmental Csommission shall review the development plan in accordance with the provisions of section 72-8E-9 of this article. 12-8E-$: SUBMITTAL REQUIREMENTS: A. Information And Materials Required: The Aadminisfrafor shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Aadministrafor or the P,elanning and E~nviranmental Csommission if if is dernanstrated by the applicant that the informafion and materials required are not relevant to the proposed development or applicable fo the Vail Coompeehensive F';elan. A complefe list of the submittal requirements shall be maintained by the Aadminisfrafor and filed in the Ddepartment of Ccommunify t7aleve/opment. 12-5E-9: DESIGN CRITERIA. The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden.of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonsfrate fhaf one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: D. Comprehensive Plan: Canformify with the Vail Commpeehensive Pplan, Ttown policies and Durban Ddesign Pplans, l2-$E-~ 9: SETBACKS: !n the Ski Base/ftecreafion ski-bc~~~'~n~~r 2 1)districf, front, side and rear setbacks shall be as indicated on the approved development plan. ? 2-8E-12: HEl GHT: fn the Ski BaselRecreafion sic-i-baseA~sreatien 2 L)elistrict buildings shall range in heighf from zero feet (0) to forty Three feet (43) and be indicated on the approved development plan. All development shall comply with the building heighf guidelines found in the Vail Vui{lage Mmaster Pplan Csonceptual wilding Hheight Pplan. In no instance, however, shall the maximum building her'ght exceed forty three feet (43). 12-8E-14: SITE COVERAGE: In the Ski Base/Recreatlcn ski-base,~~~~~~s~`~ 2 Delisfricf, site coverage shall be as indr`cafed on the approved development plan, 92-8E-15: LANDSCAPING AND SITE D1=VELOPMENT.~ 70 In the Ski Base/Recreation sl~~ ''Ts~ c~atien ~ l~tisfrict, landscaping requirements shall be as indicated on fhe approved development plan. 12-8E-15: PARKINGfLOADING PLAN AND PROGRAM: Off street parking and loading shall be provided in accordance with Cshapter 10 of this Tfitle. At least ninety five percent (95%) of fhe required parking shall be located wifhin fhe main building or buildings, and as approved by the Pplanning and Eenvironmenta! Csommission in review of fhe development plan. The off street parking and loading plan shall be indicated on and described in the approved development plan. 12-8F-1 /:• MITIGATION OF DEVELOPMENT IMPACTS. Property awners/developers shall also be responsible for mifigafing direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation fo 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 fhe goals of redevelopment and wiN be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited fo, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, sfreetscape improvements, stream fractlbank improvements, public art improvemenfs, parking, and similar improvements. The intent of this section is fo only require mitigation for large scale redevelopmenf/development projects which produce subsfanfial off site impacfs. 12-8E-18: AMENDMENT PROCEDURES; A. Minor Amendments: 2. Minor amendments consistent with the design criteria outlined in section 12-8E-9 of this article may be approved by fhe Deleparfinent of Csommunity t3developmenf. All minor amendments shall be indicafed on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by fhe Ddeparfinenf of Csommunity pdevelopmenf. 3. Notification of a proposed minor amendmenf, and a report of staff action of sar'd request, shall be provided to alI property owners wifhin or adjacent to the rove disfricf that may be affected by the amendment. Affected properties shall be as determined by fhe 1?department of Csommunity Ddevelopment. Notifications shall be posfmarked no later Phan five (5) days following staff action on fhe amendmenf request and shall include a brief statement describing the amendment and the -time and date of when the Pplanning and Eenvironmental Csommission will be informed of the administrative action sfaf€-decisien. In all cases 71 fhe report fo fhe Pplanning and Eenvironmental Gsommission sha11 be made within twenty {20) days from the date of fhe staffs decision on the requesfed amendment. 4. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the zone district, fhe applicant, Pplanning and Eenvironmental Csommissaon members or members of the Ttown Csouncil as outlined in section ~2-3-3 of fhis title. B. Major Amendmenfs; ~. Major amendments are any proposal fo change uses; increases to residenfiaJ floor area greafer than five percent (5%) of the approved square footage; increases to retail, office, or common floor area greafer than five percent {5%) of fhe approved ,square footage; r"ncreases or decreases to the number of dwelling, accommodation, or fractional fee club units; any requesf fo modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Aadminastrafor and defined in fhis Aartacle. 2. Requesfs for major amendments to an approved development plan shall be evaluated based upon fhe degree of deviation of the amendmenf from the basic intent and character of fhe approved development plan and reviewed in accordance with the procedures described in Ssecfion 12-8E-7 of this Aartlcle. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by fhe Ds~epartmenf of Csommunify Delevelopmenf. 3. (3wners of all property requesting the amendment, or their agents ar aufhorized representatives, shat! sign fhe application. Nofificafion of fhe proposed amendment shall be made fo owners of all property adjacent fo the property requesfing the proposed amendmenf, owners of all property adjacent to the zone dr`stricf, and owners of all property within fhe zone distract that may be affected by the proposed amendment {as determined by the Deleparfinent of Csommunafy Dclevelopmenf). Nofaficafaon procedures shall be as outlined in Ssubsecfion ?2-3-SC of this T#atle. 12-8E-19; T1ME REQU1f~EMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of fhe development plan within three {3) years from the Time of its final approval, and confanue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin construction of subsequent phases within one year of fhe completion of fire previous phase. 8. Approval Voided: !f fhe developer ~t does not begin and diligently work toward fhe completion of the development plan or any stage of fhe development plan within the 72 time limits r`mposed by the preceding subsection, fhe approval of said development plan shall be void. The P;elanning and Eenvironmenta! Csommission shall review the development plan upon submittal of art application to reestablish the development plan following the procedures ouflined in Ssection 12-8E-7 of fhis Aarticle. CHAPTER 12-9; SPECIAL AND MISCELLANEOUS DISTRICTS; SECTION '12-9A-'I; PURPOSE SECTION 12-9A-2: QEFINITi~dNS: SECTION 12-9A-3: APPLICATION: ISSUE The Purpose Section in Article ~ 2-9A has numerous grammatical errors. The regulations stating which zone districts are eligible to have SDDs are hidden in this Section, where the applicant does not notice them. OPTIONS If the regulations relating to which zone districts are applicable to SDDs remains in the Purpose Section, applicants will continue to miss this important regulation. Staff recommends adding Subsection B: Applicability in order to make these regulations stand out to applicants and other users of the Code. The proposed text amendment does not make any textual changes except to separate two sentences from the purpose section and give them their own headings. ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. ISSUE The PrimarylSecondary Residential District is improperly labeled as the Duplex District. OPTIONS Keeping Duplex District in the Code is confusing to applicants, as there is no Duplex District. The mistake will be corrected to reflect the actual name of the zone district. R,EC©MMENDED AMENDMENTS ? 2-9A-1: PURPOSE AND APPLlCAB1LfTY.~ A. PURPOSE: the purpose of fhe Sspecial Dslevelopment Ddistrict is to encourage flexibility and creafivify in the development of land in order to promote ifs mosf appropriate use; to improve the design character and qualify of the new development with fhe Tfown; to facilitate fhe adequate and economical provision of streets and utilitr`es; to preserve the natural and scenic features of open space areas; and fo further 73 fhe overall goals of the community as stated in the Vail Csomprehensive Pplan. An approved development plan for a Sspecial Ddevelopment Da~istrict, in conjuncfion with the property's underlying zone district, shall establish the requirements far guiding development and uses of property included in the Sspecial Ddevelopment Ddistrict. T~° ~^~^;;,'~~~~~~^^~r.~f ( p 'n~ ~ . rncic~~d°niaal ~;~~T ~~Nle1~, ~r~~~~}dcf~'. TtIC g~~, of +he~ rlniinl~nme~nf nl~n ehnll he-, on .,~~ffinerl in `~ ~'7 l~/l_R ref #liic orfinln B. APPLICABILITY. Special Development Districts do not apply to and are not available in fhe following tone districts; Hillside Residential, Single-Family Residential, Two-Family Residential and Two-Family Primary/Secondary Residential. 92-9A-2: DEFIIVfTIONS: AFFECTED PROPERTY: Property within a Sspecial Ddevelopment De-istrict that, by virtue of ifs proximity or relationship fo a proposed amendment request to an approved development plan, maybe affected by redesign, density increase, change In Uses, or other modifications changing the impacts, or character of the approved Sspecial Dslevelopment Da~fstrict. AGENT OR AUTHORIZED REPRESENTATIVE: Arty individual or association authorized or empowered in writing by the property owner to act on his (her) stead. if any of fhe property to be _ Included in the Sspecial Ddevelopment Ddistrict is a condaminiumized development, the pertinent condominium association may be considered the agent or aufhorized representative for the individual unit owners if authorized in conformr'ty with all pertinent requirements of the condominium association `s declarations and all other requirements cat the condominium declarations are met. MAJOR AMENDMENT (PEC AND/C7R COUNCIL REVIEW): Any proposaf to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Sspecial Ddevelopment Ddistrict (other than '"minor amendments" as defined in this secfiorr}, except as provided under section 72-15-4, "Inferior Conversions", or 12- 95-5, 'Additional Gross Residential Floor Area (26Q Ordinance)'; of this Ttitle. MINOR AMEN©MENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Sspecial Ddevelopment Dcfistrict, and are consistent with fhe design criteria of this ~ Article- Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or luilding footprints; changes fo landscape tar site plans fhat do not adversely impact pedesfrian or vehicular circulation 74 throughout the Sspecial L?a`evelopmenf De(isfrict,• or changes to gross floor area (excluding residential uses) of not more than five percent (5°!0} of the approved square footage of retail, office, common areas and ofher nonresidential floor area, except as provided under section 92-95-4, "Inferior Conversions'; or 7'2-95- 5, "Additional Gross Residenfial Floor Area (25(1 Qrdinance) ; of this Tfifle. ClN17ERLYIIVG 20NE DISTRICT.• The zone district existing on the property, or imposed on the property of the time the Sspecial Ddevelopment Ddistrict is approved. The following zone districts are prohibited from Special Developmen# Ana^;°r ,~o„o'„.,.,,,onf Ddistricfs being used: Hillside Rxesidential, Ssingle-F#amily Redden#ial, Two-Family Residential ie~, Two-Family Pprimary/Ssecondary Residential. 92-9A-3: APPLICATIUN: An application for approval of a 5specia! Dafevelopment District may be filed by any owner of property to be included in the Sspecial Ddevelopmenf Ddistrict or hr's (her) agenf or authorized representative. The application shall be made on a form provided by the Ddeparfinent of Ceommunify Ddeveioprrrenf and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the Sspecial Dslevelopment f?disfrict, or their agents or authorized representatives. The application shall be accompanied by submiftal requirements in Ssecfion 12-9A-5 of this Aarficle ono' a development plan as in Ssection 72-9A-6 of this Aarficle. SECTION 12-9A-~I: DEVELOPMENT REVIEW PROCEDURES: SECTION 12-9A-5: SUBMIl`TAL REQUIREMENTS: SECTION 12-9A-fi: DEVELOPMENT PLAN: SECTION 12-9A-7: USES: SECTION 12-9A-8: DESIGN CRITERIA: SECTION 12-9A-9: DEVELOPMENT STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. ISSUE The procedures for review of SDDs by PEC and Town Council are not clearly outlined. The criteria. are listed, but there are no necessary findings far PI=G and Town Council to use in determining the outcome of SDD applications. 75 OPTIONS There is some reference to other places in the Code that ha~re procedural outlines. However, it is important to have these procedures outlined within the SD'D. The proposed text amendments will clarify procedure far review of Special Development Districts. It is important to provide a clear procedure for legal proceedings in order to have a legally binding process. Subsections 12-9A-4C and D have added text to explain procedure for PEC and Town Council review. Section 12-9A-8 has been clarified to provide Necessary Findings for PEC and Town Council when reviewing an SDD. ,REC{7MM,EI~IDEC All/lEh1DMElVTS 72-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a Sspecial ~Ddevelopment Udistrict, there shall be an approved development plan for said district. The approved development plan sha11 establish requirements regulafing development, uses and activity within a Sspecial L~levelopment I3~lisfrict. t3. Pre-application l~c~n~liea~tien Conference: Prior fo submittal of a formal application far a Sspecial Ll~levelopment Dslistricf, the applicant shall hold apre-application ' n conference with the Adepartment of Ceommunity Ua~evelopment. The purpose of this meeting shall be to discuss the goals of the proposed 5specia! De~evelopment t]disfrict, the relationship of the proposal to applicable elements of fhe T#~own's Comprehensive rxaaste~P~elan, and the review procedure that will be followed for the application. C. PEC Conducts lnifial Review: The initial review of a proposed Sspecia! Dai'evelopmenf Ddistrict shall be held by fhe P,elanning and Eenvironmenta! Ceommission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the Aadministrator, awork session maybe held with the applicant, staff and the Pplanning and Eenvirorrmenta! Gsommissiori fo discuss Sspecial Ddevelopment ,Dsiistrict. A report of the D~teparfinent of Ccommunity 1)rievelopment sfaft's findings and recommendations shat! be made at the initial formal hearing before the Pplanning and Eenvironmental Csommission. Within twenty (20} days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on fhe petition or proposal. The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of fhe petition or rejection of the proposal. The Commission shall transmit its recommendation, together with a report on fhe public hearing and its deliberations and findings, to the Town Council. D. Town Council Review: A repork of the Pplanning and 76 Eenvironmental Csommission stating its findings and recommendations, and the staff report shall then be transmitted to the Toown Ceouncil, in cccer:cnse-~afith the sY '~i~:~G ef~ec~inn 1'' 1 c ~ o~-th;~ title` T"° +^,..^ ^^~~^~I vh~l ~n~ir~e; ".ria special ~~e~` ~'~istri~ in ~cc^~~~~h ~aa prsvisien c~ s~sec+~a 1 ~ ~'~ thr is ti~a Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the fallowing thirty (3t]) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to create or amend a Special Development District, either in accordance with the recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance adopting an SDD, the ordinance shall be .considered as prescribed by the Vail Town Charter. 92-9A-5: SUBMITTAL REQUIREMENTS: The administrator shall esfablish the submittal requirements for a Sspecial Ddevelopmenf Ddisfrict application. A complete list of fhe submittal requirements shall be maintained by fhe Aadministrator and filed in fhe Da~epartment of Csommunify Ddevelopmenf. Certain submittal requirements maybe waived and/or modified by the Aadminisfrafor and/or fhe reviewing body if if is demonstrated by fhe applicant thaf the information and materials required are not relevant fo the proposed development or applicable fo fhe planning documents that comprise fhe Vail Csomprehensive Pplan. The Aadminisfrafor and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary fo properly evaluate fhe proposal, 92-9A-6: DEVELOPMENT PLAN': An approved development plan is the principal document in guiding the development, uses and activities of Sspecial 17Slevelopment Ddistricfs. A development plan shat! be approved by ordinance by fhe Town Council in conjunction with fhe review and approval of any 5specia! Ddevelopment Delistrict. The development plan shall be comprised of materials submitted in accordance with Section 12-9A-5 of this Article. The development plan shall contain all relevanf material and information necessary fo establish the parameters with which fhe Sspecia! Dclevelopmenf 17district shall develop. The development plan may consist of, but not be Ir'mited to, the approved sife plan, floor plans, building secfions and elevafions, vicinity plan, parking plan, preliminary 77 open space/landscape plan, densities and permitted, condr'fional and accessory uses. 12-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Sspecial Ddevelopment Ddistrict, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential Sspecial Ddevelopment D~#istrict if, in the opinion of the Town Council, such uses are primarily for khe service and convenience of the residents of the development and the immediate neighborhood.. Such uses, if any, shall not change or destroy the predominantly residential character of the Sspecial Ddevelopment Ddistrict. The amount of area and type of such uses, if any, to be allowed in a residential Sspecial Ddevelopment . Ddistrict shall be established by the Town Council as a part. of the approved development plan. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. CRITERIA: The following design criteria shall be used as the principal criteria in evaluating fhe merits of the proposed Sspecial Ddevelopment Ddistrict. It shall be the burden of the applicant fo demonstrate fhaf submitfal material and fhe proposed development plan comply with each of fhe following standards, or demonstrate that one ar more of them is not applicable,. or that a pracfical solution consistent with the public interest has been achieved: (9),4 Compatibility: Design compatibility and sensitivity to fhe immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identify, characfer, visual infegr7ty and orientation. (2}~ Relationship: Uses, activity and density which provide a compafible, efficient and workable relationship wifh surrounding uses and activity. (3)~ Parking find Loading: Compliance with parking and loading requirements as outlined in Chapter 90 of Phis Titfe. (4)~ Comprehensive Plan: Conformify with applicable elements of the Vail Comprehensive Plan, Town pol-cies and urban design plans. {5)~ Natural And/Qr Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affecf fhe property on which fhe Sspecial Ddevelopmenf Ddistrict is proposed. {fa)~ Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural 7$ features, vegetation and overall aesthefic quality of the communify. (7)~ Traffic: A circulation system designed for both vehicles and pedestrians addressr'ng on and off--site traffic circulafion. (l3)i~ Landscaping: Functional and aesthefic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. {9)~ Workable Plan: Phasing plan or subdivision plan fhat will rrtainfain a workable, functional and efficient relationship throughout the development of the Sspecial Ddevelopment De'istrict. B. Necessary Findings: Before recommending andJor granting an approval of an application fora Special Development District, the Planning and Environmental Commission and the Town Council shall make the foil©wing findings with respect to the proposed SDD: (9) That the SDD complies with the standards listed in Subsection 72-9A-SA of this Title, unless the applicant can demonstrate that one ar more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. (2)That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Tawn; and (3) That the SDD is compatible with and suitable fo adjacent uses and appropriate for the surrounding areas; and (4) That the SDD promotes the health, safety, morals, and general welfare of the Town and promotes the caordinafed and harmonious develapmenf of the Town in a manner tha# conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-9A-9: DEVELQPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density confrol, site coverage ms`s, landscaping and parking shall be determined by fhe Town Gouncil as part of the approved development plan wifh consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to fhe Town that outweigh fhe adverse effects of such deviation. This determination is to be made based on evaluation of the proposed &special Ddevelopmenf 1)elisfricf 's compliance with fhe design criferia outlined in Section 12-9A-8 of this Article. • 79 SECTION 12-9A-10: AMENDMENT PROCEDURES: SECTION 12-9A-11: RECREATION AMENITIES TAX: SECTION 12-9A-12: TIME REQUIREMENTS: SECTION 12-9A-13: FEES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: ISSUE There are numerous grammatical errors and misuse of wards. OPTIONS Leaving the mistakes in place wi91 keep the Code in disarray. The changes are important because they will ensure a professional looking Code. ISSUE There is confusing wording in 12-9A-1Da-1, which alludes to design criteria when in fact it should reference the definition of Minor Amendment_ OPTIONS The proposed text amendment is necessary in order to delete confusing wording. If the current verbiage remains, applicants will continue to be puzzled by this Subsection. ISSUE In referencing notification, the word "a~' is confusing, causing applicants to think notification may occur for one or the other, but nok both. OPTIONS Regardless of the text error here, the requirements for notification will stay the same, with staff ensuring that proper notification occurs. To alleviate confusion in regards to the notification procedures for amendments to SDDs, the word "or" needs to change to "and" to be inclusive of both circumstances, ISSUE The PEC is incorrectly identified as the regulatory board that determines fees and taxes. OPTIONS Because of the outline of roles in Title 3: Boards and Commissions, it is understood that PEC does not have this power. However, fees and taxes are determined by Town Council, not PI;C and the proposed text amendment seeks to clarify this error. REC~CIMMENDED AMENDMENTS ~2-9A-F0: AMENDMENT PR'Or/EDURES: A. Minor Amendments: 1. Minor modifications consistent with the definition of "minor amendment" ~'°c~^^ ^~~'rir c c:±#~ines~in Ssubsection f 2-9A-2 /.•tafinifinn of ~~mi~n~r nrr,n~n.Jm~nn+~~, f?f this Article,. maybe approved by the Department of Community Development. All minor modificatr"ons shat! be indicated on a completely revised development plan. Approved changes shall be noted, signed, dafed and filed by the Department of Community Development. SQ • 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided fo all property owners withr'n and er adjacent to the Sspecia! Ddevelopment Ddistrict fhaf may be affected by the amendment. Affected properties shall be as determined by the Department of Communify Developmenf. Notifications shall be pasfmarlced no !afar than five (5) days following staff action on fhe amendment request and shall include a brief statement describing the amendment and the time and dafe of when the Planning and Environmental Commission will be informed of fhe administrative action °}}sisien. In al! cases the report to the Planning and Environmental Commission steal! 6e made within twenty (2Q) days from the dafe 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 Sspecia! Datevelopment Ds~istricf, fhe applr'cant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. 8. Major Amendments: 7. Requests for major amendments fo an approved Sspecia! Ddevelopmenf Dd'istrict shalt be reviewed in accordance with the procedures described in Section 92-9A-4 of this Article. 2. Owners of alI property requesting the amendment, ar their agents or authorized representatives, shall sign the application Notification of the proposed amendment shall be made to owners of al! property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the Sspecia! Ddevelopment Ddistrict, and owners of all property within the Sspecia! Dd'evelapment Ddisfrict that may be affected by the proposed amendmenf (as determined by fhe Department of Communify Development). Notificaflon procedures shall be as outlined in S~subsecfion 12-3-6C of Phis Title. 12-9A-71: RECREATION AMENITIES TAX: A recreation amenities fax shall be assessed an ap S~special Ddevelopmenf Ddistricts in accordance with 7ifle 2, Chapter 5 of this Code at a rate to be determined by the Town Council ~. ~.;rl ~r5~rirnnmt~n9n1 r,,.~,,.,.,:~.c,,,n. This rate shall. be based an the rate of fhe underlying zone district or the rate which rnosf closely resembles the density plan far fhe acme district, whichever is greater. 72-9A-92: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the Sspecia! Dslevelapment Dd'istricf within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. !f fhe Sspecia! De+evelopment Dslistrict is to be developed in phases, fhe developer must begin consfruction of subsequent phases within one year of the completion of fhe previous phase. ~1 B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the Sspecial C]~levelopmenf f3ESisfrict or any stage of the Especial Ddevelopment Ddistrict within the time llmifs Imposed by the preceding subsection, the approval of said Sspecial Qdevelopmenf ~Ddisfrict shall be void. The Planning and Environmental Commission and Town Council shall review the Especial Ddevelopmenf Qdistricf upon submittal of an application to reestablish the SspeciaP [?development !?d'istrict fallowing the procedures outlined in Secfion 72-9A-4 of this Arfr`cle. 12-gA-T 3: FEES: The filing fee for Especial Ddevelopment Ddisfricf applicafions and for major and minor amendments to Sspecial Ddevelopmenf Ddistricf shall be set by the Town Council by resolution. Applications deemed by the Department of Community Development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than Town staff. Should a determination be made by the Town staff that an outside consultant is needed to review any s Sspecial Ddevelopment Ddistrlcf application, the Department of Community Development shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council fo hire an outside consultant, the Department of Community Development shall estimate the amount of money necessary fa pay the outside consultant, and fhis amount shall be forwarded fo the Town by the applicant at fhe time the Sspecial Ddevelopment Ddistricf application is submitted fo fhe Department of Community Development. Upon completion of fhe review of fhe application by the consultant, any of fhe funds forwarded by fhe applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred' by the Town in excess of fhe amount forwarded by fhe applicant shall be paid to fhe Town by fhe applicant within thirty (3Q} days of notification by the Town. 12-9A-14: EX1STlIVG SPECIAL DEVELOPMENT DISTRICTS: Nothing in this Article shall be construed to limit, replace or diminish fhe requirements, responsibiGfies, and specifications of Special Development Districts 2 fhrough 21. The Town Council specifically finds fhat said Special Development Disfricfs 2 fhrough 21 shall remain In full farce and effect,. and the terms, condifivns, and agreements contained (herein shall continue to be binding upon fhe applr`cants (hereof and the Town. These SDDsdistrisfs, if not commenced at fhe present time, shat! comply with Section 92- 9A-72 of this Article. • 82 SECTION 12-9A-15: BED AND BREAKFAST; CONDITIONAL USE PERMIT ISSUE All other land uses are listed within the underlying zone district sections of the Gode. Within the SDD Article , no other land uses are mentioned, but Bed and Breakfast has its own Section. Meanwhile, many SDDs are not eligible to have Bed and Breakfasts, making this paragraph somewhat misleading. Since SDDs cannot deviate from the underlying zone district's land uses, if a Bed. and Breakfast is allowed, then it will be allowed in the SDD. OPTIONS !f this Section is left in this Article, it will continue to confuse applicants who think that they can have Bed and Breakfasts in SDDs no matter what zone district is underlying. The proposed text amendment is to delete Subsection 12-9A-15. This needs to be deleted because it is redundant and confusing. RECOMMENDED AMENDMENT ~J,'V i€r' .'L ^1n av~n ~rr~n cr• r-~n,nrnrrrnr+rn r r rc~ r~>=~e~~r„-r: , d nr~ cnonior nloirolr~nma f ~ Irir+f _ r•nn~ninir.iv mr_rrfi fn~~~nr - ~. ~.~ - t~~pefy fcr ~ ~°~ iy~~~+~ narmif 31~/~r1 r!'rin!_'1_ thin Trfrn fr rrfhnr r®~'rt tlnfnrJ h,. C'nnfin '7 4S7 of firio ~i#rn ~z are( :a -.~.n,~,--. ~,~~-~~~ n 1 _ 1 c' SECTION 12-9C-1: PURPOSE: SECTION 12-9C-2: PERMITTED USES: SECTION 12-9C-3: CONDITIONAL USES; SECTION 12-9C-4: ACCESSORY USES: SECTION 12-9C-5: DEVELOPMENT STANDARDS: SECTION 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: ISSUE _ ~-- There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional feel of the Code.. ISSUE With the new definitions of land uses related. to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. Using the terminology from the Parking District section, we conclude that these terms, also proposed vocabulary for the 12-2: Definitions, will help to alleviate confusion in the Code in relation to parking facilities. With fewer standardized terms for land uses related to parking, applicants can clearly understand what is meant 83 when terms are listed as conditional uses. RECQMMEN'DED ~MEtVDMENTS 72-9C-7: PURPdSE: The Ggeneral Lluse Dd'istrr'ct is intended fa provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regufafed by the development standards prescribed for other zoning districts, and for which developmerrf standards especially prescribed for each particular development propose! or project are necessary to achieve the purposes prescribed in section 92-9-2 of this Ttitle and fo provide for the public welfare. The Ggeneral Uuse Dcfistricf is intended fo ensure fhaf public buildings and grounds and certain fypes of quasi-public uses permitted r'n the district are appropriately located and designed to meet the needs of residents and visitors fo Vail, fo harmonize with surrounding uses, and, in the case of buildings and other structures, fo ensure adequate light, air, open spaces, and other amenifies appropriate fo fhe permitted types of uses. 9 2-9C-2: PERMITTED USES: The following uses shall be permitted in the GU f?rlistricf: 12-9C-3: CON'DITIC}IVAL USES: A. Generally.' The following conditional uses shall be permitted in the GU Ddistrict, subject fa issuance of a conditional use permit in accordance with the provisions of Cshapter ?6 of this Ttitle: Child daycare center. Churches. Equestrian trails. Golf courses. Helipad for emergency and/or community use. Hospitals, medical and dental facilifr"es, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plant and tree nurseries, and associated sfructures, excluding the sale of frees or other nursery products, Brawn, produced or made on the premises. Public and private parks and active outdoor recreafion areas, facilities and uses. Public and private schools and educafianal institutions. Public and quasi-public indoor community facility. Public buildings and grounds. icC Public parking structure. Public theaters, meeting rooms and convenfion facilities. Public tourist/guest service related facilities.. Public transportation terminals. Public unstructured parking. 84 Public ufilities insfallatlons including transmission Lines and appurtenant equipment. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, fowl and runs. Type I!! employee housing units (EHU} as provided in chapter 13 of this title, Water and sewage treatment plants. 92-3C-4: ACCESSORY G+SES: The following accessory uses shall be permitted in the GU Ddistrict: 12-9G-~: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: !n the Ggeneral U~rse Ddlstricf, development standards in each of the following categories shall be as prescribed by the Pplannr'ng and Eenvironmenfal Coommsssion; ~. Reviewed ~y Planning And Environmental Commission: Development standards shat! be proposed by fhe applicant as a part of a conditr`ona! use permit application. Site specific development standards shall then be determined by the Pplanning and Eenvironmenta! Coommsssion during the review of the conditional use request in accordance with the provisions of Cshapter 16 of this T#itle. 12-9C-6: ADDITIONAL DEVELOPMENT STANflARflS: Additions! regulafions pertaining to site development standards and fhe development of land in the Ggeneral Ur~se Dslisfricf are found in Cshapter 14 of this Ttifle. CHAPTER 12-10: OFF-STREET PARKING AND LOADING SECTION 'I2-'l0-6: PARKING; OFI~ SITE AND JOINT FACILITIES: SECTION 12-70-7: STANDARDS; AUTHORITY TO ADJUST: SECTION 'I2-90-9: LOADING STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain ar can be corrected, projecting a more prflfessionai look far the Code. RECOMMENDED AMENDMENTS ?'2-fg-6: PARKING; OFF-SITE AND JOINT FAClL1T1ES: All parking and loading facilities required by this Cshapfer shall be 85 located on fhe same site as the use for which They are required, provided fhaf the 7town Csouncil may permit off-site or joinfly used parking facilities if Located within fhree hundred feet (30(3) of fhe use served. Authority to permit off-site or joint parking facilities shall not extend to parking spaces required by this Ttitle to be located wifhin the main building on a site, but may extend to parking spaces permitted to be unenclosed. Prior fo 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 wilt fulfill fhe purposes of this Cshapter, will be as usable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The Csouncil may require such legal instruments as it deems necessary fo ensure unified operation and control of joint parking faer'lities or to ensure the contenuafion of such facilities, including evidence of ownership, long-term lease, or easement. 12-70-7: STANDARDS; AUTHORITY TO ADJUST: Parking sfandards shall be those provided in Ttifle 14 of this code. The standards set out in Ttitle 14 of fhis code, shall govern fhe design and construction of all off street parking and loading facilities, whether required by this Cshapter or provided in addition fo the requirements of this Cshapter. Minor adjustments of the dimensions prescribed in this Cshapter may be authorized by the Aadministrator if consistent with generally recognized design standards for off-street parking and loading facilities. ?2-10-9: LOADING STANDARDS: Standards for off-street street loading shall be as follows: A. Location: A!I off street Loading berths shat! be located on the same lot as the use served, but not in fhe required front setback. Off-street met loading berths shall be provided in addition to required off-street ^~~t parking and shall not 6e located wifhin accessways. B. Size: Each required loading berth shall be not less than twelve feet (12') wide, thirty five feet (35"] long, and if enclosed andfor covered, fourteen feet (14') high. Adequate turning and maneuvering space shall be provided within the Lot lines. At the IPplanning and Eenvironmental Csommission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to fhe Pplanning and Eenvironmental Csommissian tending that such variation is necessary to prevent negative impacts to the public r7ght of way. SECTION 92-7U-73: LOADING REQUIREM,EIN'75 SCHEDULE: • ISSUE ss 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 c©nditional use permits. OPTIONS Without any action, these PEC will still review these requirements, but this may not be legally binding, This change alleviates any confusion as to who is required to set the loading facility requirements and helps to smooth out the process. RECOMMENDED AMENDMENTS ~2-~(1-~~': LCABING t~EC~UIR~MENTS` SCHEBUL~: Off-street loading requirerr~ents shalt be determined in accordance with the following schedule: Use Any use lisfed as a condifi©na! use • _. Loading Requirement Loading facilities requiremenf fo be determined by the 'Planning and Environmental Commission as a condition of the conditie~al use permit, but not less than the comparable requirement prescribed above SECTION 12-1Q-16: EXEMPT AREAS; PARKING FUND ESTABLISHED: SECTION 12-10-17: LEASING OF PARKING SPACES: SECTION 12-10-20: SPECIAL REVIEW PROVISIONS: SECTION 12-10-21: PARKING PAY IN LIEU ZONES ESTABLISHED: ~ssuE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-9~7-96: EXEMPT AREAS; PARKING FUND ESTABLISHED: A. Criteria: The Ttown Csouncil by resoiufion may exempt certain areas from fhe off sfreef parking and loading requirements of this Gshapter r'f alfernative means wit! meet the off-street parking and loading needs of all uses in the area. Prior fo exempting any area from the off-sfreef parking and leading requiremenfs, fhe Csouncil shat! determine fhe fo{lowing; B. Parking Fund 2. The parking fee to be paid by any owner ar applicant shalt be determined by the Tt`own Csouncil. 3. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general 87 improvement district is formed and assessments levied for the purpose of paying for parking improvemenfs, the payer ~`~' shall be credited against the assessment with the amount previously paid. 92-7[?-97• LPASIIUG OF F'ARI4ING S,~'ACES: Q. Lease Qualifications; Application 7'a Lease: 9. Any owner, occupant or building manager who owns, occupies or manages ten (90) or more private parking spaces located in Csommercial Clore 1, Csommercial Clore 2, Csommercial Clore 3, Hlaigh Ddensity Mn;-ultiple-Ffamily, Ppublic Aaccommodafions, Lionshead Mixed Use 7 lied n•~ ~ Lionshead Mixed Use 2 lie-~sl3ead +~esi ~~~ or 5speeial f]~tevelopment zone districts and provides sufficient parking for use by employees may apply to the Aadministrator of the Tfown for a permit fo lease parking spaces.. 2. Application shall be made on a form provided by the Aadministrator and upon approval of the applicafion by fhe Aadminisfrafor a leasing permit shall be issued with or without condition as determined by fhe Aadminisfrafor. !f the Administrator ~a# determines that fhe lease proposal results in a vr'sual impact fo surrounding streets or property, the Aadministrafor may condition the approval with a requiremenf that fhe applicant install landscaping on the site fo improve the visual appearance of the parking area_ If said private parking spaces are located on the common area or grounds of any condominium project, written approval of fhe condominium association (if any) wiN be required on this application. 3. The Aadminr'strafor may request that an applicant conduct a parking utilization study to determine fhe difference befween fhe average capacity of the lat and fhe peak day ufilization, and such other information as may be necessary far the proper consideration of the application. 4. The proposed lease agreement shall be for fhe period of not less than one month nor greater than twelve (92~ months. When requested, fhe Aadminisfrator may exfend .fhe lease agreement for an additional Twelve (12) months so long as the conditions relating to the parking spaces have not signifrcantly changed. Any applicant wishing for an exfension to an established lease agreement, must submit an application to the Aadministrator no later than fwo (2) weeks prior to the termination of fhe existing approval. 5. !Vo applicant shall be permitted to (ease more than sixty percent (6d%) of the parking spaces whr'ch is fhe difference befween fhe average capacity of the lot and fhe peak day utilization as determined by the Aadministrator. 8. It shall be the responsibility of fhe owner, occupant or building manager who has leased spaces fo others fo provide adequate and proper signs ~crc{~ on the premises and to see that fhe leased spaces are used and occupied in accordance with fhe lease agreement. 88 70. Car rental agencies may lease parking spaces only in the CC3 zoFae •Ddistricf, and sha11 be limited to a maximum of fifteen (15) parking spaces per site. Each sife may be allowed a maximum of one (ease for a car renfal agency. 12-90-20: SPECIAL REVIEW PROVISIONS: Notwithstanding fhe provisions of section ?2-10-18 of this Cshapter, the Pplanning acid Eenvironmenfal Csommission may approve a reduction fo fhe number of required spaces specified in section 72-90-7d of fhis Cshapter, provided a report documenting the presence of unique parking characterisfics is provided by a qualified consultant and the following findings are made by the P;elanning and Eenviranmental Csommission: In reaching a decision, fhe Pplanning and Eenvironmenfal Csommission shall consider survey data submitted by a qualified fransportation planning or engineering consulfanf. Projects under "special review" are subject to additional scrutiny by fhe P,elanning and Fenvironmental Csammission after development plan approval if it is deemed necessary fo verify continued compliance with fhe above listed criferia. The maximum allowable reduction in fhe number of required spaces shall not exceed twenty five percent X25%} of fhe focal number required undersectlon 12-1(1-?D of fhis Cshapter. 12-1 Q-27: PARKING PAY IN LIEU ZONES ,ESTABLISHED: The "'Parking Pay-in-Lieu Zone" maps (attached fa ordinance ~l, series of 2U07, and available far inspection in the office of the Ttown Cslerk} shat! be used to identify properties within the parking pay in lieu zones referenced in Ssection 12-90-16 of fhis Cshapter. Properties will be required to comply with the amended program upon demolition/rebuild, Properties not included in the pay in lieu zones may apply fo the Pplanning and Eenvironmenfal Csommission far review if fhe provision of on site parking on fhe property would circumvent relevant objectives of applicable Comprehensive master Pplan documents Including, but not limited to, parking, pedestrianizafion, and vehicle penetration elements. • s9 CHAPTER 12-11: iDESIGN REVIEW: sECrrON ~2-~~-1: INrFNr: SECTION 72-? ~-2: DEFlNITlONS AND RULES OF CONSTRUCTION: SECTlON92-~~-3: DESIGN APPROVAL: SECTION 72-77-4: MATERIAL Td) BE SUBMITTED; PROCEL]URE: SECTION '12-T 7-5: DESIGN GUIDELINES: SECTION 12-1?-6: PARK DESIGN GUIDELINES: SECTION 92-19-7: DESIGN REVIEW FEE: SECTION 72-11-8: PERFORMANCE BOND: SECTION 92-19-11: ENFORCEMENT; INSPECTION: ISSUE Section 12-11-1 is improperly labeled Intent. OPTIONS While this error does not affect the content of this Chapter, it does not follow the format of the rest of the Code. This change will help to provide a basis for why we have the Design Guidelines section, which is generally referred to as "purpose" instead of "intent.'° ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-11-1: PURPOSE fhTEhIT: B. Area Character Protection: These factors constitute an important economic base for the Ttawn, bath for those who earn their living here and far those who view the Ttown as a precious physical possession. The 7town Csouncil finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Same harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. ©ther aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatiaC relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide far the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Ttown Csouncil has created a Ddesign Rreview Board (DRB) and design criteria. 92-91-2: DEFINlTiONS AND RULES OF CONSTRUCT!©N: A. Basis For Meanings: Any words, terms, or phrases used r`n 9© this design review guide shall be defined and interpreted in accordance wifh the definitions contained in Ssecfion 12-2-2 of this Ttitle, unless the context clearly indicates a different meaning was intended. !f fhe context is unclear, the matter will be referred to the Dcfesign Rreview 8~3oard for fr`na! determination. 12-~' 1-3: DESIGN APPR©VAL: C. Nonconforming Sites end Strucfures; Effect Of Desr'gn Guidelines: 2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed ~ for a single expansion of five hundred (500} square feet or less ofi allowable GRFA or garage area credit per dwelling unit. In which' case, structures may be expanded without requiring upgrades to e~nfire structures and sifes to conf©rm to ~it# the design guidelines. The addition itself, however, shall conform to wit# the design guidelines. An ,expansion which is greater than five hundred (500} square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit wifh fhe design guidelines. 12-11-4: MATERIAL TU BE SUBMITTED; ,PR'CCEDUf?E: B. Conceptual Design Review: 1. Submittal Requiremenfs: The owner or authorized agent of any protect requiring design approval as prescribed by this Chapter may submit plans for conceptual review by the Design Review Board to fhe Department of Community Development. The purpose of a conceptual review shall be to give the applicant a basic understanding wifh respect to the design concept and the compatibility of a proposal with the design guidelines contained within this Chapter This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences although protects of that nature shall not be excluded the opportunify to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10} days prior to a scheduled Design Review Board meeting: e. Planning and Eenvironmental Csommission and/or Ttown Csouncil approval if required. 2. Staff; Beard Procedure: a. Upon receipt of an application for conceptual design review the De(epartment of Commmunity t?development shall review the submitted materials for general compliance with the appropriate requiremenfs of fhe Zzoning fegulations seEia, If the proposal is in basic compliance wifh the Zzoning Regulations, sa~1e ronrriromanfc the project shall be forwarded to the Udesign Rreveew Bfioard for conceptual review. If the applicafion is not generally in compliance with the Zzoning Regulations, cede roivrrirmm~nin fhe application and submittal materials shall be 91 returned to the applicant with a written explanation of the ' Dd epartment of Csommunify De(evelopment's findings. b. The Delesign Rreview Bboard shall review the application and supporting material that has been submitted f©r a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward comments concerning the design fo the applicant. No vote of fhe design review board will be requrred unless requested by the applicant. The property owner or his/her represenfative steal! be present at the Ddesign Rreview Bboard hearing. C. Preliminary And Fr`nal Design Review: 9. The owner or authorized agent of any project requiring design approval as prescribed by this Cshapfer shall submit for final design approva! all of fhe following material fo the Aadministrafor, unless the Aadministrator determines within five (5} days of a written request for such determination that some of fhe following material maybe excluded: h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by fhe sign ordinance codified Jn Ttitle ~ 1 of this Csode, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in subsection C1d of this section. Upon request of the Aadministrator, samples of sign materials shat! be submitted. i. Erosion And Revegetation Plan: Erosion confro! and revegefation landscaping plans. (1} Plan Required: In aI! developments involving fwo (2) or more acres, an erosion control plan will be required. For developments involving less than two (2} acres, an erosian confro! plan may be required by fhe Ddepartment of Csommunity Ddevelopment, based upon conditions of slope and sail stability. (3} Review Of Plan: The D~leparfinent of Csommunify Ddevelopment shall review and approve alf erosion control plans and shall maintain a list of erosion control practices, both strucfura! and nonstructural. (5) Revegefation Landscaping.• Such plan shall be required of any applicant proposing fo remove or disturb existing vegetation. Potential damage to existing landseapinglvegetation shall be adequate reason for requiring a revegetation plan. At a minimum, plans submitted under this subsection steal! include revegefafion of land disturbed by development and construction activity. The, Ddepartment of Csommunity Ddevelopment shall establish and maintain a list of revegetation best managernenf practices. (6} Additional Requirements: In addition to the above requirements, fhe Ddepartment of Csommunity Ddevelopment may require any or all of the following: j. NPDES Permit: An approved nafiona! poflutanf discharge elimination system permit for storm water discharges fo surface waters resulting from developments draining two (2) or more acres 92 • shall be presented. In lieu of such permit, the developer of an area of two (2) or mare acres may present a ''no discharge" storm water drainage plan; which may include such measures or defention ponds, high curbs, and infiltration galleries. The Delepartment of Csommunity Ddevelopmenf shall establish and maintain a list of such "no discharge'" measures. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The appticanf shall provide documentation that the Gghfs meef the standards set forth in section 92-19-5 of this Cshapter. In addition fo locating this information graphically an a plan, the applicant shall provide the information an the application farm provr`ded by the Ddepartment of Csammunity Dd'evelapmenf. 2. Staff Or Design Review Board Procedure: The Ddepartment of Csommunity Ddevelopment shall check alI material submifted for design review far compliance with the applicable provisions of the Zoning Regulations seals, Ssubdivision Rregulations, and with this subsection C (the submittal requirements of this section as outlined above). if the application is found to be in compliance with the applicable provisions of the Zoning Csode, Ssubdivision Rregulations, and this subsection D, fhe project sha11 either be placed upon the agenda of fhe next appropriately scheduled Dslesign Rreview B,~oard meeting in accardance with the required application submittal deadlines an file in the D+~'epartment of Csommunity Ddevelopment, ar be reviewed by the Aadministrator in accardance with subsection C3 of this section (staff approval). It the application is found not to be r`n compliance with fhe applicable provisions of the Zoning Regulations cede and this subsection C, the applicatr"on and materials shall be returned to the applicant with an explanation of the Aadministrafor's findings. The Aadminisfratar may require any additional items from the applicant as maybe necessary for complete and proper design review. a. The Aadminisfrafor or the Ddesign Rreview Bboard shah review fhe application and supporting material, and if the design of fhe project is found to comply with the objectives and design guidelines of this Cshapter, the Aadministrator or the Dsfesign Review Bboard shall approve the design of fhe project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this Gshapter, fhe Ddesign Rreview Bboard may give preliminary approval or table the project until the next regularly scheduled meeting. If fhe project is tabled or if preliminary approval is given, the board shall specify the conditions and additional and/ar modified materials which must be submitted by fhe applicant fo the Ddesign Rreview 8,~oard or fo the Aadministratar, including any changes in the design of the project. The applicant may also table fhe application to a future 93 meeting for any reason. ` b. if fhe project is found to conflict wr th fhe design guidelines, the Aadminisfrafor or the Dslesign Rreview B+~oard shat! disapprove the design of the project. Any disapprove! shall be in writing and shall specifically describe the design guidelines with which fhe design of the project does net comply and fhe manner of noncompliance. c. Fv1lowr`ng the final review of an application by the D6lesign Rreview 8,§oard at a public meeting, the Dslesign Rreview ,hoard shall have thirty (3Q) days to consider and approve or deny an application. The time for action may be extended at the request of the applicanf, d. if changes in fhe design of fhe project are requested, the - Ddesign Rreview B,~oard shall approve, disapprove or request further changes within thirty {3Q) days of the meefing of which the Dslesign Rreview 13board receives the changes unless an extension is agreed to by fhe applicanf. e. The applicant or his/her authorised representative sha1J be present of the Ddesign Rreview Bboard meeting. 3. Staff Approval: The ,4administrator may approve arty of fhe following applications; a. Any application fo modify an exisfing building that does not significantly change the existing planes of the building and is generally consistent with fhe archifectural design, including, buf not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylighfs, minor commercial facade improvements, and other similar modifications; b. Any application for an addition to an exisfing building fhat is consistent with the architectural design, maferials and cobrs of the building, and approval has been received by an authorized member of a condominium associafion, if applicable; c, Any application fo remove ar modify the existr"ng vegetatr"on or landscaping upon a site; and d. Any application for site improvements or modifications including, but not Limited to, driveway modifications, sr`te grading, site walls, installation of accessory structures or recreational facilities. !n the above specified cases, fhe Aadministrafor may review and approve the applicafion, approve the application with certain modifications, deny the application, or refer the application to the Ddesign Rreview B~board fiat decision. All other applications shall be referred fo fhe Ddesign Rreview,Bboard. ~~-1 ~'-5: DESIGN GUIDELINES: The design guidelines far all development are contained in Title fffe-14 of this Csode. ~2-99-6: PARK DESIGN GUIDELINES: A. Purpose: These guidelines shall be used by the ,adesign 94 Rreview iBbaard in reviewing any proposals for the development of Ttvwn park land. The guidelines shall be used in conjunction with the general design review guidelines found in Ttifle 94 of fhis Csode. It is fhe intent of these guidelines to leave as much design freedom as possible to fhe individual designer while at fhe same fr"me encouraging park development that will complement fhe natural beauty of our park land. The purpose of fhe 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 fhe quality of Ttawn parks through all phases of devebpment. 92-;~ 9-7.' DESIGN REVfEW FEE: The Ttawn Csouncil sha11 set a design review fee schedule sufficient to cover fhe cost of Ttown staff mime, consultanf`s fees, and incidental expense. 92-19-8: PERFC)RlVIAIVGE BCjND: The Bbuilding 4efficiai shall not issue a final certificate of occupancy for sfrucfures which have obtained design review approval until upon inspection if is determined that the project is constructed in accordance with fhe approved design review application and plans, and all improvements, amenities and landscaping have been insfalled. The Bhuilding Qefficial may issue a temporary certificate of occupancy not to exceed two hundred fen (210) days upon the applicant postr`ng with the Ddepartment of Csommunify Ddevelapment a performance band or other security acceptable tv fhe Ttown Csvuncil in the sum of one hundred twenty five percent {9251) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided far in the approved design review application and plans. !f said landscaping, paving, and other accessory improvements are not installed by fhe applicant within fhe period allowed, the Temporary certr`fcate of occupancy maybe revoked until the same are installed by the applicant ar by the Ttown pursuant to the terms of the performance bond ar other accepted security that has been approved by the Ttawn. 12-9 9-19: EIVFORCEMEIVT; INS~°ECTIC)N: Before occupying or using any structure included in a design review apply'"cation, the applicant must obtain an occupancy certifr'cate after inspecfion by fhe Dslepartment of Csommunify Delevelapment. The Ddepartmenf of Csommunify Ddevelapmenf shall inspect fhe site tv ensure fhat the work has been completed in accordance with fhe application and plans approved by the De(esign Rreview Bboard. !t shall be the duty of fhe property owner or his/her authorized agenf to notify the ~De-epartment of Csommunify I?slevelopment That such work is ready far inspection in order to ascertain compliance with approved plans. if fhe project is found upon r`nspection fo be fully completed and in compliance with fhe approved design review application and plans, fhe 95 Udeparfinenf of Csommunity Ddevelopmenf shall issue a final certificate of occupancy. !f the project is found to be cvmplefed in such a manner that a femporary certificate of occupancy may be issued as specified by fhe adopted building code, the applicanf shall post a bond as set forth in section 92-71-8 of this Cehapter. Upon farfeifure of said bond or surety, fhe Ttown shall proceed fo install fhe improvements for which bond or surety was posted. In the event thaf the cost of installing fhe improvements exceeds fhe amounf of fhe bond, fhe owner of said property shall be individually liable to the Ttown for the additional costs thereof. Furthermore, fhe amount thaf the cost of installing said improvements exceeds the amounf of fhe performance bend shall aufomatically become a lien upon any and all property included within fhe design review applicaflon. CHAPTER 12-12: ENVIRONMENTAL IMPACT REPORTS: SEGTIDN 12-12-1: PURPOSE: SECTION 12-12-2; APPLICABILITY: SECTION 12-12-3: EXEMPT PROJECTS: SECTION 12-12-4: STUDIES AND DATA REQUIRED: SECTION 12-12-5: i~EPC)RT C©NTENTS: SECTION 12-12-6: REPORT; ADDITIONAL MATERIAL: SEGTION 12-12-7: TIME SCHEDULE: SECTION 12-12-8; FEE: SECTION 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: SECTION 12-12-1d: TIME LIMIT; SUPPLEMENTARY INFORMATION: SECTION 12-12-11: ACTION BY COMMISSION: SECTION 12-12-12: PERMIT ISSUANCE; ISSUE There are numerous grammatical errors. OPTIONS These errors can remain ar can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-12-1: PtJRPQSE; Submission and review of an Eenvironmental limpact Rreport on any private development proposal ar public project which may affect to any significant degree the quality of the environment in the Town or in surrounding areas is required to achieve the following objectives: 12-12-2: APPLICABILITY: An Eenvironmental I+mpact Rreport shall be submitted to the Administrator for any project for which such a report is required by Federal ar State law, or for any project which the Administrator • 96 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 PRQJECTS: An Eenvironmental lmmpact Rreport shalt not be required for the following projects: B, A phase of a project for which an Eenvironmental limpact R€eport previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. 12-12-4: STUDIES AMD DATA REQUIRED: A. Range Qf Studies: The Eenvironmental limpact Rreport shall be based on systematic studies conducted by the Town staff or by professional consultants, as determined by the Administrator. The Eenvironmental I+mpact Rrepork on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an Eenvironmental I+mpact Rfeport includes the following natural systems and other studies: B. Summarization: The Eenvironmental limpact 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 park of any other procedure or requirement of this Chapter, or of any other ordinance or Federal, State or Town regulation, also may be used to support an Eenvironmental limpact Rreport. 12-12-5: REP©RT CC7NTEtJTS: A. Information And Analysis: The Eenvironmental I+mpact Rreport shall contain informatian and analysis, in sufficient detaiE and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts, B. General Statement; Descriptive Materials: The Eenvironmental Immpact Rreport shall include a general statement, describing the proposed project and its purpose, identifying the owner andlor sponsors, and, if a public project, identifying the funding source and tiime schedule. Descriptive materials, maps, and plans shall be submitted showing the following information: C. Environmental Inventory: The Eenvironmental limpact Rfeport shalt 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 97 material. E. Analysis: The Eenvironmental limpact Rreport shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the proposed project will have an the environment. The analysis shall describe temporary effects that will prevail during construction, and long-term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and. secondary effects which will result from the project. The analysis portion of the Eenvironmental limpact Rreport shall fully assess the fallowing items; 12-12-6: REPORT; ADDITIONAL MATERIAL: The Administrator may further ,prescribe the form and content of an Eenvironmental limpact Rreport, setting forth in greater detail the factors to be considered and the manner in which the report shall be prepared, and may require submission of information in addition to that required by Section 12-12-5 of this Chapter. 12-12-7: TIME SCHEDULE: The Eenvironmental limpact Rreport required under this Chapter shall be prepared within thirty (30) days of the date that plans are submitted for design review as prescribed in Sections 12-12-4 through 12-12-6 of this Ghapter, subject to extension of the time period to a maximum of ninety (90) days by the Planning and Environmental Commission. The time period may be extended to a maximum of one hundred eighty (180) days if seasonal conditions prevent a comprehensive analysis.. 12-12-8: FEE: In the event that the Tawn engages professional consultants to prepare an. Eenvironmental 1+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 cost of the report, with the unexpended balance returnable to the sponsor. 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: The Eenvironmental I+mpact Rreport shall be submitted to the Administrator. The Administrator shall prescribe the number of copies to be submitted. The Administrator shall notify the Town Council, the Planning and Environmental Commission, and the Design Review Baard of receipt of an Eenvironmental limpact Rreport, and shall transmit copies of the report upon request. Environmental limpact Rreports shall be available 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 spansar of a project, from the Town staff, from pro#essional consultants, or from others. Such additional materials may be considered as 9~ • L~ supplementary or amendatory to the Eenvironmental 1+mpact Rrepo rt. 12-12-11: ACTION 13Y COMMISSION: A. Criteria For Decision: Following review of the Eenvironmental limpact Rreport, the Planning and Environmental Commission shal6 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 wall 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 shock-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 ar other factors studied as prescribed in Section 12-12-4 of this Chapter or to the public health; safety or welfare and the Planning and Environmental Commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. 12-12-12: PERMIT ISSUANCE: A. Conformance To Environmental Impact Report: Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this Title and by other applicable ordinances or regulations of the Town. No permits shall be issued and no authorizations shall be granted which would allow a project to proceed in the event that the Planning and Environmental Commission does not grant approval of the Eenvironmental I+mpact R,report 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 limpact Rreport, B, Exception: This Section shall not apply to a project for which an Eenvironmental limpact Rreport is not required, as prescribed in Section 12-12-3 of this Chapter. 99 CRAFTER 12-13: EMPLCIYEE HOUSING: SECTION 72-93-3: GENERAi REQUIREMENTS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confiusion among applicants, or they can be corrected, projecting a more professional look far the Code. RECOMMENDED AMENDMENTS 12-93-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, Reporting Requirements -Types 1, ll, Ill, And V.' 3. Far an EHU which can be sold separately, the EHU must be occupied by the owner of the EHU as a permanent residence, excepf far Type Il! employee housing units, which may be occupied by any person meeting the employment requirements contained herein. For the purpose of this subsecfian, a "permanent residence" shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a ,present intentr'on of refurning after a departure ar absence from said home ar place f~,°, regardless of the duration of absence. In determining what is a permanent residence, the Tawn staff shall fake the following circumstances relating fo fhe 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 far an EHU, the prospective purchaser shat! submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria, B. Deed Restriction, Occupancy Limitations, Reporting Requirements -Type IV: A!1 Type ll/ employee housing unit deed restricfions shall be incorporated into an agreement in a form and substance acceptable to the Ttawn manager and Ttawn attorney. C. Development Standards: ~. An EHU may be Located r'n, ar attached to, an exisfing garage {existing on or before April 18, 2000, and whether locafed in a required setback or not), provided that na exisfing parking required by this code is reduced or eliminated. A type l EHU which has five hundred (500) square feet or less of GRFA may be considered for physical separation from fhe primary unit, if if is cansfructed in conjunction with a two (2) car garage and is otherwise compafible with fhe surrounding properties, does not • 100 have an adverse impact an vegefatian, and does not dominafe the streef. The De~esign Ft~eview Bboard shall review such requests for separation. D. AppGcafion Requirements: 2. EHU applicatians requiring a conditional use permit are sub1ect fo review and approval by fhe Pplanning and Eenvironmenfal Csomrnission as provided for r'n Cshapter 16 of fhis T#ifle. 3. EHU applications which do not require a conditional use permit shall be reviewed by the D~'epartment of Csommunity Lldevelopment sub,~ecf to a design review application. 5. Any exisfing legal nonconforming dwelling unit in the Ttown may be converted to an EHU administrafively by the T#own without obtaining a conditional use permit. Dwelling units and lock off unifs which exist as of fhe date hereof but which are nonconforming with respect to densify and GRFA may be converted fa a conforming EHU administrafivefy by the T#own, as fang as they otherwise comply with the develapmenf standards and parking requirernenfs found herein and comply with the building code requirements of the Ttown. Upon being converted to an EHU per this secfion, such dwelling unifs shall be considered legally conforming E'HUs and shat! be governed by all requirements of this Cshapfer. F. Written Management Plan For Type Vl Housing: For the purposes of this T#itle, a type Vf employee housing unr`f is an employee pausing unit which shall be governed by a written management plan ar other written program approved by the Pplanning and Eenvironmental Csommission, The management plan is fhe principal document in guiding the use of a type Vl employee housing unr't. The management plan shall be reviewed and approved by the Pplanning and Esnvironmental Csommission as part of the conditional use permit application for a type VI employee housing unif in accordance with fhe provisions of Cehapter 16 of fhis Ttifle. 9. Management Plan; Required Contents: e. Affidavit: No facer than February 1 of each year, the owner of a type VI employee housing unit shall subrrrit two ~(2) copies of a sworn affidavit fo be obtained from fhe Dsl'epartment of Csommunify i?~levelopmenf, to the Ddepartment of Csommunify t7develapment setting forth evr`dence establishing fhat the employee pausing unif has been used in compliance with the managemenf plan.. f Other Items: Such ofher items as fhe Pplanning and Eenvironmenfal Ceommission or the Aadmr`nistrafor may deem necessary fo the proposed management plan. g. Amendments: Amendments to an approved management plan shall be reviewed by fhe Pplanning and Eenvr'ronmental Csommission in accordance wr'th this Ssection. • iai CHAPTER 12-14: SUPPLEMENTAL REGULATIONS SECTION i2-i4-i: APPLIGABILITY.• SECTION i2-94-id: APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: SECTION i2-74-ii: APPLICATION AND INTERPRETATION OFLOTLINES: SECTION i2-i4-i2: HOME OCCUPATIONS: SECTION i2-14-i3: REGULATIONS APPLICABLE TO PARTICULAR USES: SECTION i2-i4-95: SIGN REGULATIONS: SECTION i2-74-ifi: PROPERTY OWNER MAINTENANCE RESPONSIBILITY: SECTION i2-74-i7: SETBACK FROM WATERCOURSE: SECTION i2-14-i8: BED AND BREAKFAST OPERATIONS: SECTION i2-i4-19: SATELLITE DISH ANTENNAS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confusion among applicants, or they can be corrected, projecting a more professional lank for the Code. ISSUE The term zone district is improperly referred to as a district. OPTIONS If no change occurs, appiicants may be confused by the reference to vane districts and districts. The changes will alleviate any confusion and ambiguity. RECOMMENDED AMENDMENTS 12-14-1: APPLICABILITY: The provisions of this Cehapter steal! be effective in aII zone districts ar, where specified, in particular zone districts, and shall be in addifian to the regufafions prescribed far each zone district. 92-14-10: APPLICATION AND INTERPRETATION OF HEIGHT LIM175: Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, ar adjoining for less than twenty five percent (25%) of the perimeter of the portion of the structure to another pardon ofi the strucfure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height Iimifs. Determination of portions of a .structure having the appearance of separate, identr'fiable sfructures steal! be made by the Aadmirlisfrator. 92-14-77: APPLICATION AND INTERPI~7FTATION OF LOT LINES: Where a lot or site does not have frontage on a street,. or where 1C]2 access is by means of an easement ar other right over adjoining properties, by means of an extension of a portion of the sife, or by means of a private driveway, road, or street, the line where principal access fo the !of is attained shall be deemed fhe front lot line, and setback areas shall be determined from said front lot line ~h°~~R. A portion of a lot or site less than twenty feet (20~ in width providing access from a street to the principal portion of the site shall not be used in calculating permitted grass residential floor area on the site. ~2-14-?2: HC7ME OCCUPATI(~l1lS: A. Permit Required; The conduct of a home occupation, where permitted as an accessory use by fhe provisions of this 7title, shall be subject to issuance of a home occupation permit by the Aadministrator. Application shall be made on a form prescribed by fhe Aadministrator, and shall be accompanied by a statement fully describing the nature of fhe home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other feafures of the home occupation. The applicafr`on shall describe in detail the manner in which the home occupation will conform 1A1 to fhe requirements of fhis 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 the proposal. Application materials may include, but not be limited fo, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance, and title reports. C. Permif Issuance And Fr'ndings: After review of the application, the Aadministrator may issue a home occupation permit if he/she finds that the proposed use will conform ~it# to the requirements of fhis Cchapfer. The permit may be subject fo such condr'fions as the Aadministrator deems necessary to guarantee operation of fhe home occupafion in accordance wifh fhe requirements of fhis Gchapter and compatibly with other uses in the vicinity. The Aadministrator shall deny the application if he/she finds that the proposed use will not conform witl3 to the provisions of this Gshapter, or would be injurious or detrimental to other properties in fhe vicinity. D. Permit Time Limit; Renewal: Home occupation permits, when issued, shat! be for a limited time period not exceeding one year. Permits shall be renewable upon application, subject to such regulations as shat! be in effect at the time of application for renewal. The Aadministrator shall make fhe same findings with respect fo an application for renewal as for the original issuance of a home occupation Permif. 12-94-93: 14EGULATI(~NS APPLICABLE Tp PARTICULAR ion uSES: S The regulations set out in section 12-14-14 of Phis Cshapter shah be applicable to fhe uses listed in That section in any zone district in which fhe use is a permitted use or a conditional use. 12-14-15: SIGN REGULATIONS: All signs shall be regulated in accordance with fhe provisions of T~`ifle 1 ~ of this Csode. The Ttown Csouncil may by ordinance provide far the administration and enforcement of the provisions of Ttitle 11 by the Aadministrator or other administrative official, and may provide for review and approval procedures pursuant fo Ttitle ? 1 by the Ddesign Rreview Bboard established by this Ttitle. 12-14-16: PRC)1'='ERTY OI~'WNER MAINTENANCE RESPONSIBILiTY.~ Properly owners shall be responsible for improving fhe area from their property line to fhe edge of roadway, including necessary drainage. Improvement of the area shall be designed so as not to impede snow plowing or impair visibility at street intersections, which improvement shall be approved by the Udeparfinent of Ppublic W~vorks. 12-14-17.' SETBACK FROM WATERCOURSE.• Minimum setback from a creek or stream steal! be not less than thirty feet (30) from the center of fhe established creek or stream channel as defined by the T#~own Csomprehensive P,elan base maps; provided, however, thaf the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. 12-14-18: BED AND BREAKFAST OPERATIONS: C. Compliance: It shall be unlawful far a bed and breakfasf operation fo da business without a conditional use permit from the P~Olannr`ng and Eenvironmental Csommission after June 12, 1990, or to operate in violation of any of fhe provisions of this Csode. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of fhe site or structures thereon shall conform with to fhe provisions of Phis Ttitle. E. Review Of Decision: The Tfown Csouncil, fhe applicant, adjacent property owner or fhe T,town Mnaanager, may appeal/call up to the Ttown Csouncil for review any decision made by the Pplanning and Eenvironmental Csommission regarding a conditional use permit for bed and breakfast as per Ssectian 12-3- 3 of this Ttitle. 12-14-19: SATELLITE DISH ANTENNAS: A. Purpose: The purposes of this 5secfion is are as follows: 2. To protect and support the aesthetic concerns of the Ttown, a resort communify which must remain aesthetically pleasing to ia4 visitors to remain economically viable. C. Application; Review: Satellite dish antennas shall comply wifh all the requirements set forth herein Person or persons wishing to install a satellite dish antenna within the Tfown shall submit an application to fhe C7deparfinent of Gsommunify Ddevelapment for review. 7'he application shall set forth fhe following: 7. Completed Dhdesign Reeview B,~oard application form. 2. Site plan showing prapased location of the satellite dish antenna. 3. Description of the satellite dish antenna (i. e., size, design, materials, etc). 4. Color sample (if applicable). 5. Landscape plan cif applicable~+. 6. An improvement location certificate arad/ar a preliminary fifle report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of the Ddepartmenf of Csommunity Ddevelapment. Upon receipt of application, it sha11 be reviewed by the Delepartment of Csommunity Ddevelopmenf. 1f the f?efepartment of Csommunity Ddevelopmenf determines that fhe requiremenfs sef forth herein have been mef, they shall forward fhe application fa the Delesign Rreveew Bboard for consideration of whether or not the satellite dish antenna meets the requirements sef forth herein' in subsection 72-11-5N of this Ttitle. D. Compliance Wifh Requiremenfs; Variance: 9. Requirements: Satellite dish antennas shall comply wifh the following requirements: a. 1110 more than one satellite dish antenna shall be allowed on any lot as delineated on the Official Zoning Map e€#isia~-fawn zonin naa g - p• g. issuance of a building permit from the tadepartmenf of Gsornmunity lldevelopment shall be required prior to fhe installation of any satellite dish antenna h. Adjacent property owners and owners of dwelling units on the same lof as fhe applicant shall be ratified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in subsection 12-3-6C of this T#ifle. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as fhe applicant shall be provided to the Ddeparfinent of Csommunity Ddevelopment by the applicant. is Due fo the special aesthetic importance of fhe core areas of fhe Ttown, exterior r'nsfallations of satellite dish antennas in Csommercia! Csores 7, 2, Lionshead Mr-nixed Muse 1, and Lionshead Mr~ixed Uuse 2 zene Ddistricts shall be permitfed only if screened by same type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply wifh all applicable zoning regulations and shall be architecturally compatible with fhe existing structure. 1{~5 CHAPTER 12-15: ACROSS RESIDENTIAL, FLOOR AREA (GRFA): SECTION 12-15-2: GRFA REQUIREMENTS BY ZONE I]ISTRICT: ISSUE There are numerous capitalization errors. OPTIONS The errors can remain, but will make this chart look unprofessional. These wards should be capitalized. Zone Districts GRFA Ratlo GRFA GREDI TS ' {Added to results of application of Percentage} HR 0.43 of sife € t 0, 000 sq. ft., plus None H!llside 0.25 of life area , 10, 000 and € Reesddential 22, 000 sq, ff., plus 0.07 of site area ~ 22, 000 sq. ft. SFR 0.40 of site area € 90, 000 sq. ft., None Single-F#arniiy plus Rfesr`dential 0.93 of site area ~ 90,000 sq. ff. R 0.46 of site area € 90, 000 sq. ff., None Two-F#arrtily plus Rresidential 0.38 of sife area 3 90,000 and € 95, 000 sq. ft., plus 0.93 of site area > 95,000 and € 30, 000 sq. ft., plus 0.06 of site area ~ 30, 000 sq. ff. PS 0.46 of sife area € 90, 000 sq. ft., None Two-F#amily plus Pprimary/ 0.38 of sife area ~ 90,000 and € Ssecondary 95,000 sq. ft., plus Rresldential 0.93 of site area ~ 95,000 and € 30,000 sq. ft., plus 0.06 of sife area > 30, 000 sq. ft. {the secondary unit shall not exceed 40% of fhe allowable GRFA) RC 0.36 of buildable area None Residential Celuster LDMF 0.44 of buildable area None Low Density Mmulfiple- • • i©~ ~ F#arrrily MDMF 0.56 of buildable area None Medium Ddensity Mmulfiple- Ffamily HDMP 0.76 of buildable area None High Adensity Mr-nulfiple- F#amil y H Per Pplanning and None Housing Eenvironmenfal Csommission approvaf PA 0.80 of buildable area None Public Aaccommodafion CC1 0.80 ofbuildable area None Commercial Clore 1 CC2 0.80 of buildable area None Commercial Csore 2 CC3 0.30 of buildable area None Commercial Csore 3 CSC 0.40 of buildable area None Commercial (GRFA shat! not exceed 50% of 5service Cent#er the center focal building floor area on any life) ABt] 0.60 of buildable area None Arterial mousiness HS None permitted None Heavy Sse~nvice t_MCl-1 2.5 of buildable area None t.ionshead Mmixed Ur~se 1 LMU-2 2.5 of buildable area None Lionshead Mmixed Ut~se 2 A 2, 000 sq. ft. None Agriculfural and Oepen Sspace OR None permiffed None Outdoor Rrecreafion 107 P None pemtitfed None Parking GU Per P,plannfng and None General Uase Esnvironmenfal Csommissfon approval NAP None permitted None Natural Aarea Ppreservation SBR Per Ttown Csouncil approval Nane Ski Buse/R€ecreation SDD Per underlying zoning or per None Special development plan approval by Dslevelopment 7town Csounci! Ddisfricfs S8R2 Per Pplanning and None Ski Eenvironmental Csommission Bbase/Rfecr approval cation 2 SEC710N 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: SECTION 12-15-4: INTERIOR CONVERSIONS: SECTION 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA ~25U ORDINANCE}: ISSUE There are numerous gramma#ical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sneer volume of errors, it is necessary t© fix them. RECOMMENDED AMENDMENTS 92-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: 12-15-3A: Within The Hillside Residential (H'R), Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS), Districts: 1A: (4) Attic ,Areas With ~le~ Nan-truss System: Attic areas created by construction of a roof sfructure utifizing a Harr-truss system, with spaces greater than five feel (5) in hefght, if all of the following criteria are met: (5) Attic Areas With ~Iex.,s Non-truss System: Attic areas created by construction of a roof structure utilizing a ~aer~tr~ss Han-truss system, with spaces greater than five feet (5} in height, if all of the following criteria are met: 2. Addifionaf Calculafion Provisions: (2) if a roof structure is designed utilizing a ~s non-truss system, and spaces greater than five feet (5) in height result, 108 these areas shall not be counted as GRFA if all of the fopowing criteria are met: 12-95-4: INTERIOR CONVERSIONS: 8. Applicability: Within all zone districts except the Single- Family Residential (SFR), Two-Famlly Residential ~il}~ rfitial (R), and Two-Famlly PrimaryfSecondary Residential ci~°~tial (PS) De"lsfricts, dwelling units that meef or exceed allowable GRFA will be eligible to make inferior conversions provided the following criteria are satisfied: 7. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units Located in a Special development District °^~^~°' ^'°~•ar^ri^'°~} ~rr~tr~f; provided, that such GRFA complies with the standards outlined herein. C. Standards: 3. Proposals far GRFA. pursuant fo this section may involve exterior modifications to existing buildings,. however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of fhe building, regrading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two (2) vertical foof limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new inferior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per fhe minimum necessary requirement for the adapted building code. Examples of exterior modificafions which are not considered to increase building bulk and mass include, buf are not lr'mifed to, the addition of windows, doors, skylights, and window wells. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this section. Prior fo approval of proposed dormers or regrading for windows or doors as described above, fhe staff or the Delesign Rfeview Bboard steal! find that they do not add significantly to the bulk and mass of fhe building and are compatible with the overall scale, proportion, and design of the building. For the 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 total cumulative length of the dormer(s) does not exceed (iffy percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. D. Process: Applications shat! be made to the Ddepartmenf of Gsommunity Ddevelopment staff on forms provided by the D~lepartment. Applications for interior conversions to single-family, two-family, primary/secondary or multi-family dwelling units ion located in a Sspecial Ddevelopment Ddistrict (SOD) pursuant fo Phis secfion shall also be allowed without amending fhe GRFA provisions of the SDIJ. However, properties wifh GRFA restrictions recorded on the plat for the development shall be regulafed according fo the plat restrictions unless fhe 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 C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the ofher property owner, owners or applicable owners' association shall be required. This can be either in fhe form of a letter of approval or signature on the application. The planning staff will review the application fo ensure the proposed addition complies wifh all provisions of the interior conversion secfion. Submittals shall Include: 1. Applicafion fees pursuant to the current fee schedule. 2. Information and plans as set forth and required by Ssubsection 12-19-4C of Phis Ttifle or as defermined by fhe Uelepartment of Csommunity Ddevelopment staff. Applicants need to submit as built floor plans of the structure so that staff can r'dentify the existing building from any new additions that have occurred after the approval of this Cshapter. 3. Proposals deemed by the Q~deparfinent of Csommunify Ddevelopment staff to be In compliance with this section and all applicable zoning and development regulations shall be approved by the Delepartment of csommunity Udevelopment or shall be forwarded to the !?design Rreview Bboard in accordance with Cshapter 7 7 of this Ttifle. Proposals deemed to not comply with this Ssection or applicable zoning and development regulations shall be denied. 4. Upon receiving approvals pursuant fo this Ssection, applicants shall proceed wifh securing a building permit prior to initiating consfruction of the project. 5. Any decisions of the Ddepartmenf of Csommunify fldevelopment pursuant to this section may be appealed by any applicant in accordance wr'fh fhe provisions of Ssecfion 72-3-3 of Phis Ttifle. 92-75-5: ADDITIONAL. GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): B. Applicability: The pravr`sions of this secfion shall apply fo dwelling units in al! zone disfricfs except the Ssingle-F€amily Rresidential (SFR), Ttwo-F€amily Rresidential (R), and Ttwo- F€amily Fjerimary/Ssecondary Rresidential (PS} De'isfricfs. C. Single-Family Dwellings And Two-Family Dwellings In Zone Districts Other Than The Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS) Disfricts: Asingle-family or fwo-family dwelling unit shall be eligible for additional gross residential floor area (GRFA} not to exceed a maximum of fwo hundred fifty (25Q) square feet of GRFA in addition to the existing or allowable GRFA 110 • for the site. Before such additional GRFA can be granted, the single-family or two-family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: Asingle-family or two-family dwelling unit shall be eligible far additional GRFA, pursuant fo fhis secfion, if it is in existence prior fo November 30, 9995,. or a completed Ddesign Rreview B,board application far the original construction of said unit has been accepted by the ,Ddeparfinenf of Csommunlty !)development by November 3C1, 9995. In addi#ion, at least five (5) years must have passed from the date fhe single- family dwelling or two-family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use pf Additional Floor Space: Proposals for fhe utr'lizatlon of the additional gross residenfia! floor area (GRFA) under thr`s provision steal! comply with all Ttawn zoning requirements and applicable development standards. if a variance is required for a proposal, it shall be approved by fhe P,planning and Eenvironmental Gsommission pursuant fa Cshapfer 17 of this T-title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of fr'nal Pplanning and Eenvironmenta! Csommr`ssion approve! or the approval for additional GRFA shall be voided. D. Multi-Family Dwellings: Any dwelling unit in a mul#r'-family structure #ha# meets allowable GRFA steal! be eligible for additional gross residential floor area (GRFA not to exceed a maximum of two hundred fifty (250) square feet of GRFA in ' addifion to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet fhe foNawing criteria: 7. Eligible Time Frame: Amultiple-family dwelling unit she!! be eligible for additional GRFA, pursuant to this section, if i# is in existence prior to November 30, 7995, or a completed Deleslgn Rreview Bboard application for the original construction of said unit has been accepted by the t?deparfinent of Csommunify Ddevelopmenf by November 30, 1995. In addition, at least five {5) years must have passed from the date the building was issued a certificate of occupancy whether temporary or fine!) or, in the event a certificate of occupancy was not required far use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Uf Additional Floor Space: Proposals for fhe utilization of the additional GRFA under fhr`s provision shall comply with all Ttown zoning requirements and applicable development standards. If a variance !s required for a proposal, it shall be approved by fhe Pplanning and Eenvironmental Csommission pursuant to Cshapter 17 of this Tfltle before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final P;~lanning and 111 1~environmental Csommission approval or the approval far additional GRFA shall be voided. E. Procedure: 1. Application; Content: Appfrcafian shall be made on forms provided by the Deleparfinent of Csommunify Ddevelopment. If fhe property is owned in common (condominium association} or,iointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, fhe written approval of the other property owner, owners or applicable owners' association shall be required. This can be er'ther in the form of a Ietter of approval or signature on fhe application. The application shall also include: a. A fee pursuant fa the current schedule shall be required wifh fhe application. b. Information and plans as set forth and required by subsection 92-19-4C of this 7tifle. c. Any other applicable informafian required by the Ddepartment of Csommunity Ddevelopment fo satisfy the criteria outlined in this section. 2. Hearing Set,• Notice: Upon receipt of a completed application far additianal GRFA, fhe Da~esign Rreview Bboard shall set a date for a hearing in accardance with Ssubsection 72-11-4C2 of this Ttitle. The hearing shall be conducted in accordance wifh Ssubsections 12-11-4C2 and C3 of this Ttifle. 3. Campliance Determined: !f the I3department of Csommunify Ddevelopment staff determines that the sr'te for 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 fo the exterior of a structure shall be reviewed and approved by fhe D~lepartment of Csommunity Da~evelopmerit. b. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by fhe Ddesign Rreview Board in accordance with the provisions of this section. 4. Compliance Required: if fhe Ddepartmenf of Csommunity ~Ddevelopment staff determines that fhe site for which additianal GRFA is applied for pursuant to this section does not comply with minimum 7town landscaping or site standards as provided herein,. the applicant will be required fo bring the site info compliance wifh such standards before any such temporary or permanent certificate of accupancy will be issued for the additianal GRFA added fo the site. Before any building permr't is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Ttown minimum standards, which plans and materials shall be reviewed by and approved by the Dslepartment of Csommunity Ga!evelopment. • • CHAPTER 1216: CONDITIC}NAL USE PERMITS: 112 SECTION 12-1fi-2: APPLICATION; CONTENTS: SECTION 12-16-3: FEE: SECTION 12-1G-4: HEARING: SECTION 12-1fi-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: SECTION 12-1G-6: CRITERIA; FINDINGS: SECTION 12-1fi-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUIr There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, 'hut looking at the sheer volume of errors, it is necessary to fix them. RECOMMENDED AMENDMENTS 1276-~: APPLfCATION; CCNTENTS: G. A Gst of the owner or owners of record of the properties adjacent to fhe subject property which is subject of the hearing. Provided, however, nafification of owners within a condominium project shall be satisfied by notifying fhe managing agent, or the registered agent of the candarninium project, or any member of fhe board of directors of a condominium association. The List of owners, managing agent of fhe condominium project, registered agent or members of the board of direc#ors, as appropriate, shall include fhe names of the individuals, fheir mailing addresses, and the genera! description of the property owned or managed by each. Accompanying the lisf shall be stamped, addressed envelopes to each individual ar agent fa be notified to be used for fhe mailing of fhe notice of hearing. If will be the applicant's respansibr'lify fa provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. 7 2- 7 6-3: 1=~E; The Ttown Csauncil shall sef a conditional use permit fee schedule sufficient to cover the cost of T#~own staff time and other expenses incidenfal to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. 72-16-4: HF'Af?ING: Upon receipt of a conditional use permit application, the Pplanning and Esnvironmental Csommissr'on shall set a date for hearing in accordance with Ssubsecfion 12-3-6C, °'IVnofice'; of this Ttitle, shall be given, and the hearing shall be conducted in accordance with Ssubsectians 12-3-6C and d of this T~title. 12-16-5: PLANNING ANO ENVIRDNMEN7-AL COMMISSIaN AcrloN: 113 A. Possible Range Uf Acfion: tNithin thirty (3p} days of the application for a public hearing on a conditional use permit, the Pplanning and Eenvironmerital Csommission shall act on fhe application. The Csommission may approve the application as submitted or may approve the application subject to such modificafioris yr conditions as if deems necessary to accomplish fhe purposes of thr's Ttitle, or the Csammission may deny fhe application. A conditional use permit may be revocable, may be granted for a limited fime period, or may be granted subject fo such ether conditions as the commission may prescribe. Conditions may include, but shall not be Iimifed to, requiring special setbacks, open spaces, fences yr walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. 72-76-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the Pplanning and Eerivironmenfal Csommr'ssion shall consider the following factors with respect fo fhe proposed use: 6. The Eeriviranmenta! timpact Rreporf concerning the proposed use, if an Eenvironmenfal limpact Rreport !s required by Cshapter 12 of this Ttitle. 8. Necessary Fr"ridings.' The Pplanning and Eenvironmental Csommission shat! make the following fr'ndlrigs before granting a conditional use permit: 9. That fhe proposed location of the use is in accordance with the purposes of fhis Ttitle and fhe purposes of fhe zone district !n which fhe site is located. ~2-96-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to fhe uses listed below in considerafion of a conditional use permit. These criteria and standards shall be in addition fo fhe criteria and findings required by section 72-96-6 of fhis Gshapfer. A. Uses And Criteria: c. The number, size and location of vehicles permifted to be stored shall be determined by fhe Pplarining and Eenvr"ronmenfal Csommission based on the adequacy of fhe site for vehicle storage. Consideration steal! be given fo the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/vr residential uses. 10. Home Child Daycare Facility: b. A state of Colorado license is required to operate a childcare home and a currenf copy of fhe license shall be kept an file in fhe Tfown of Vail Csommunity Da(evelopment t7deparfinent. d. The proposed coordinated mixed use development containing 114 the single-family and/ar two-family residential dwellings is consistent with the intent and objectives of the Lionshead Rredevelopment Mmasfer P;elan. CHAPTER 12-17: VARIANCES: SECTIt]N 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUE There are numerous grammatical errors throughout these Sections. C}PTIDNS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. ISSUE The term "zone district" is improperly labeled as "district." OPTI©NS If the error remains, applicants may be confused by the term. The proposed text amendments ensure that zone district is the universal term in the Code. RECaMM,ENDE© AMENDMENTS • • ?2-~7-9: PURPOSE: B. Development Standards Excepted: Variances may be granted only with respect to the developmenf standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and life developmenf, and parking and loading requirements; or with respect to the provisions of Cshapfer 7 9 of this Ttitle, governing physical devefapment on a life. 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 fo avoid results incansistenf with the objectives of this Ttitle is provided by Cshapfer 9 6, "Conditional Use Permits'; and by Ssection 12-3-~, "Amendment'" of this Ttitle. 92-17-2: APPLICATION INFORMATION REQUIRED.• Application far a variance shall be made upon a form provided by the Aadminisfrator. The application shall be supported by documents, maps, plans, and other material containing the foNawing information: E. Such addr'fional material as the Aadministrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance as prescribed in Ssection 12-17 6 of this Cshapfer. 12-17-3: FEE: 115 The Ttown Csouncil shall set a variance fee schedule sufficient fo cover the cost of Ttown staff time and ether expenses incidental to the review of the applr'cation. The fee shall be paid at the time of applr`cation, and shall not be refundable. 12-17-4: NEARING: Upon receipt of a variance application, the Ppfanning and Eenvir©nmenta! Csvmmission shall set a date for hearing in ' accordance with subsection 12-3-68 of thr`s Ttifle. Notice shall be given, and the hearing shall be conducted in accordance with subsections 12-3-6C and D of this Tfifle. 12-77-5: PLANNING AND ENV1RQNlVIENTAL C©11i1M1SS14N ACT14N: Within fwenfy (2a) days of the closing of a publr`c hearing on a variance application, the Pplanning and Eenvironmenfa! Csommission shall act on the application. The Csommission may approve the application as submifted or may approve the application subject fo such modifications or conditions as-if deems necessary fo accomplish ~ the purposes of this Tfitle, or the Csommission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as fhe ~sommission may prescribe. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, fhe Pplanning and Eenvironmenta! Csommission shall consider fhe fallowing factors with respect fo the requested variance: B. Necessary Findings: The P,planning and Eenvironmental Csommission shall make the following findings before granting a variance: 1. That the granting of the variance will not constifute a grant of special privilege inconsistent with the limitations on other properties classified r"n the same zone district. 3. That the variance is warranted for one or mare of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result iir practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Tfifle. b. There are exceptional ar extraordinary circumstances or conditions applicable fo fhe life of the variance that do not apply generally to other properties in fhe same zone district. c. The strict or literal interpretation and enforcement of fhe specified regulation would deprive fhe applicant of privileges enjoyed by the owners of other properties in fhe same zone district. ].16 CHAPTER 12-18: NONCONFORMING SITES, USES, STRUCTURES AND SITE IMPROVEMENTS: SECTION 12-18-3: SITES: SECTION 12-18-4: USES: SECTION 12-18-5: STRUCTURE AND SITE IMPROVEMENT: SECTION 12-18-7: DISCONTINUANCE: SECTION 12-18-8: CHANGE DF USE: SECTION 12-18-9: RESTORATION: ISSUE There are numerous grammatical errors throughout these Sections.. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. ISSUE The term "zone district" is improperly labeled as "district.n OPTIONS If tY~e error remains, applicants may be confused by the term. The proposed text amendments ensure that zone district is the universal term in the Code. RECOMMENDED AMEIVDMEPJTS 12-18-3: SITES: Sites lawfully established pursuant to regulations in effect prior to fhe effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this Ttitle for the zone district in which they are situated may be continued and shaft be deemed legally established building sites, subject to the site development standards prescribed by this Ttifle. No such site shall be further reduced in area or dimensions. 7 2-18-4: USES: The use of a site or structure lawfully established prior fo fhe efi active date hereof which does na# conform to the use regulations prescribed by this Ttitle for the zone district in which if is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area #han it occupied on fhe effective date hereof Any subsequent reducfion in site area or floor area occupied by a nonconforming use sha!! be deemed a new limitafion, and the use shat! not thereafter be enlarged to occupy a greater site area or floor area than such new limitafion. 12-1 S-5; STRUCTURE AND SITE IMPROVEMENT: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this Ttitle for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the 11'7 following limitafions: 92-98_x. DISCONTINUANCE: Any noncanfarming use which is disconfinued for a period of twelve (92) months, regardless of any intenf to resume operation of use, she!! not be resumed thereafter, and any future use of fhe site or structures Thereon shat! conform to ~atith the provisions of fhis 7'tr`fle. 92-98-8: ChIANGE OF USE: A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the 7town Csouncil. Prior to granting such permission, the Csouncil shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which iT is faceted, and the councif shall determine that the procased use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. 92-9$-9: REST©RATlC1N: Whenever a nonconforming use which does not conform with the regulafians far the zone district in which if is located, or a nonconforming structure or site improvemenT which does not conform with fhe requirements for setbacks, height, density control, building bulk contra! or site coverage is destroyed by fire or other calamity, by act of God or by The public enemy, its use may be resumed or the structure may 6e restored, provided fhe restoration is commenced within one year and diligently pursued to completion. AI! new eonstrucfian must conform Ta the applicable adopted building codes, fire codes and other relevant codes regarding safety and construcfian which are in effect at the time rebuilding is proposed. • 1.18 CHAPTER 12-19: VESTED PROPERTY RIGHTS SECTION 12-19-2: DEFINITIONS: ISSUE Special Deve#ofament Qistrict should be capitalized. OPTIONS The error can remain, which would not alter content. However, the change is necessary to promote a professional looking Code. RECOMMENDED AMENDMENT 12-99-2: DEFINITIONS: SITE SPECIFIC DEVELOPMENT PLAN. Shat! mean and be Iimifed fa a final major or minor su#rdivision plat, or a Specia! Development District°^~^~°' ^'~,~~'^^^~~^f dis#i+~t development plan. CHAPTER 12-20: ANNEXED AREAS: SECTION 12-20-3: DESIGNATED ON ZONING MAP 1SSUE The term. "zone district" is improperly labeled as "`distric#." In addition, the "Zoning Map" should be called the uOfficial Zoning Map." OPTIONS If the error remains, applicants may be confused by the term. The proposed text amendmen#s ensure that "`zone district" and "Official Zoning Map" are the universal terms in the Cade. RECOMMENDED AMIENDMENT 92-2(1-3: DESIGNATED ON OFFICIAL ZONING MAP: The zone ~ districts imposed on an annexed area shall be shown on a map which shall become an addition .to the Official Zoning Map adopted 6y Section 12-5-1 of Phis Tifle. CHAPTER 12-21: HAZARD REGULATIONS: SECTION 12-21-3: MASTER HAZARD PLANS: SECTION 12-21-10: ^EVELOPMENT RESTRICTED: SECTION 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: SECTION 12-21-15: RESTRICTIONS IN GEOLOGICALLY SENS1TlVE AREAS: ISSUE There are numerous grammatical errors. ~i~ OPTIONS While the errors may remain without issues arising, it is necessary to fix them in order to haws a more professional Code. ISSUE The PrimarylSecondary District is improperly labeled as Duplex. OPTIONS If left as is, applicants may be confused ~y the listing of a zone district that does not exist. The change to PS is necessary to relieve ambiguity. ISSUE The definition of slope contains procedures for calculation of slope, but there is no procedure listed in the Hazard Regulations. OPTIONS The procedure could remain in the definition, but this change has been proposed in this document. In order to clarify the process on how to determine a slope of 30% or greater, this section requires this text amendment which outlines procedure for determining slope in hazardous areas. RECQMMENDED AMENDMENTS 72-29-3: MASTER HAZARD PLANS: The Town Manager shall formulate and develop Mmaster Hk~azard Pplans far the Town. Said Hhazard Pplans shall be based on engineering studies and shall indicate the location of known flood plains, avalanche and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. !n addition, the plans may show any other information or data deemed to be desirable by the Tawn Manager. Maximum citizen participation during the formulation of the Mrr~aster Hl~azard Pplans as well as ofher phases of the information implementafian of the hazard sfudies and regulafians, shall be encouraged. The purpose of the Mmaster Hfaazard Pplans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas wifhin the Tawn by means of presenting in an orderly fashion fhe general data and information Which are essential to fhe understanding of the relationship between the hazards and improvements located within said areas. The Mnvasfer Hkrazard Pplans may be altered from time to Time fo conform to new information or existing conditions. ~2-21-14: DEVELC?PMENT RESTRICTED: D. The Administrator may require any applicant ar person desiring fo build in an identified blue avalanche hazard zone to submit additional information ar reports as to whether or not improvements are required to mifigafe asst fhe possible hazard. If mifigation is required, said infom7ation and report should specify the improvements proposed fhsrefeFe in fhe blue ~. 2 0 avalanche hazard zone. The required information and reports shall be done in accordance with Ghapter 12 of this 7ifle. 92-21-14: RESTRICT1aNS 1N SPECIFIC ZC-NES ON EXCESSIVE SLaPES: Slope is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or Parcel which shall be established by measuring the maximum number of feet in elevation gained ar lost over each ten feet (?0) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope ". !n determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations an exisfing and proposed lots, a grid system based on ten foot {?0) modules shall be superimposed on a topographic map of the sub1ect property and the lot slope determination established by the defined method for each one hundred {?fly} square feet grid portion of the tract, bt or portion thereof The following additional special resfrictions or requirements shall apply to development on any lot in a Hillside Residential, Single- Family Residential, Two-Family Residential or Two-Family Primary/Secondary Residential hillsidra rc~r~°^fi° ~ ~'in cr~n f~rnil~~ ~-~`~~-csnfi~l ~ie~~ ~ mild rn e~ie-Pnnlinl nr fi.o,r~_fomil~i nYi rrfRni/nnnr~nr-~~n• T resider~ti~l ze,~e Ddistricf where the average slope of fhe site beneath fhe existing or proposed structure and parking area is in excess of fhirty percent (30°10): 1. The Aadrninisfrafor may require an Eenvironmental !impact Rl'eport as provided in Ssection 92-12-2 of this Ttifle. K, Setbacks, as they apply to this Cshapter, as required by Ssecfions ?2-6A-6, 12-68-6, ?2-6C-6 and ?2-6D-6 of this Ttitle, are amended as follows: there shall be no required front setback for garages, except as may be required by fhe D{design Rreview Bbaard. Garages Pocafed in the front setback, as provided far in this Ssection, shat! be limifed fa one sfory in height (not to exceed ~' 0 feet) with the addr'tion of a pitched or flat roof and subject fo review and approval by fhe t7design Rreview Bboard. L. Retaining waNs up to six feet (6y in heighf may be permitted in fhe setback by the l7design Rreview Bboard when associated with a permitted garage as referenced in Ssubsection K of this Ssection. 12-21-95: RESTR1C7lON5 IN GEULUGICALLY SENSITIVE AREAS: 8. investigation: 2. The extent of the sife-specific ecologic investigation required shall be determined by fhe geologist or engineer who is 12 ]. responsible for the investigation; however, the invesfigafion steal! be of sufficient fhoroughness and accuracy to allow such expert fo certify to the following: a. For all structures other than single-family and two-family, ~..^'~~ °^~ ^r~~°^,r°~^^^~~^~ dwellings, and "accessory uses" thereto as defined in Secfian 12-6C-4 of this Code.: b. Far single-family and two-family, ~-~.Sal:~~` arnd priti^cx.~~s~ary dwellings, and "accessory uses" thereto as defined in Section 92-6G4 of this Title, the site-specific geologic investigation shall certify to the following.• C. Developmenf Plan ~r Building Permit: Following fhe completion of fhe site-specific geological r"nvestigafion and ifs review by fhe Department of Community Developmenf, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and fwo-family- 's~i ~ dwellings, and "accessary uses" thereto as defined in Section 72-6C-4 of Phis Title. 2. For single-family and fwo-family; rU;( a.~d rrf~arnnnl~n, dwellings, and "accessory uses" thereto as defined in Section 72-6C-4 ®f this Title: F. Nofice Requiremenfs 4. All owners, -ccc~~s lessees or agents who rent, tease or sublet any structure or premises within an area of geologic sensitivify shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April ~ through July 7 of any year. CHAPTER 12-22: VIEW CORRIDORS: SECTION 12-22-2: DEFINITIONS: SECTION 12-22-5: AMENDMENTS: SECTION 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: SECTION 12-22-7: NONCONFORMING STRUCTURES: ISSUE The definition of Structure is different in the View Corridors Chapter than the rest of the Zoning Regulations. This may confuse applicants who look at the wrong definition. OPTIONS Leaving the definition as is may cause confusion as to what is considered a structure in the view corridor. This text amendment will alleviate any confusion by pointing out that this definition is only applicable to this Chapter, ISSUE There are numerous grammatical errors. 122 OPTIONS The mistakes can remain, which will not salve the problem of a grammatically incorrect Code. In order to alleviate confusion with grammar, correction of this Chapter should occur. RECOMMENDED AMENDMENTS ~ 2-22-2: I~EFlNI T10NS STRUCTURE: For the purpases of this Chapfer, aAnything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipmenf, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights ar any similar obfect. ~ ~-~~-~_ a~nFNr~n~FNr~: An amendment of the regulations of this Cshapter, including a requesf to add a new view corridor, delete an existing view corridor, or amend fhe boundary of an existing view corridor, may be initiated by the Ttawn Csouncil on ifs own mofian, by the P;~lanning and Eenvironmental Csommission an its own motion, or by application of any resident or property owner in the Ttawn, r~r by the Aadminisfrator or his/her designee. A. Application Jnfarmation For Amendments: An application for the amendment of the provisions of this Cehapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Dd'epartment of Csommunity De(evelopment on a farm to be prescribed by the Aadminisfrafor. The application shall include the fallowing information: C. Criteria For Amendments: The Town Council shall only approve an amendment fo this Chapfer adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if fhe amendment complies with the policies and goals of fhe applicable elements of the Vai! Land Use Plan, Town ,policies, and Uurban Udesign Gguide P~alans and other adapted master plans, and meets all of th+e following criferia: 12-22-fi: ENCROACHMENTS INTO EXISTING V1EkN CORRIDORS: An application for approval to encroach info an existing view corridor may be initiated by fhe Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or properfy owner in the Town, or by the Administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the fallowing criteria: 4. That the development proposed by the applicant complies with I23 applicable elements of the Vail Land Use Plan, Town policies, Uerban Dd'esign Gguide P,elans, and other adapted masfer plans. ~2-22-7: NONCONFORMING STRUCTURES: d. Restaration: Whenever a nonconforming structure which does not conform tv wi#~ the provisions of this Chapter is destroyed by fire or other calamity, by act of God, ar by fhe public enemy, ifs use may be resumed or fhe structure may be restored, provided fhe resforafion is commenced within one year and diligenfly pursued fo completion. The sfructure after such restoration shat! not encroach into a view corridor fv a greater extent r'n any dimension or configuration, specifically height, width, or mass, than fhe encroachmenf which existed prior fo destruction. • • Z24 TITLE 13: SUBDIVISION REGULATIONS CHAPTER 13-2: DEFINITI'dNS SECTION 13-2-2: DEFINITIONS ISSUE There are grammatical errors in this Section. QPTIdNS The errors can remain or a text amendment can easily fix these mistakes. RECdMMENOED AMENDMENTS 13-2-2: DEFINITIONS: When used in this Ttitle, the following words and phrases shall have the specific meanings as defined in this Cshapter: ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the Ttown Eengineer as per the design standards (Cshapter 10 of this Ttitle). ADMINISTRATOR: The Aadministrator of the Ddepartment of Csommunity Ddevelopment or hislher designee. DEDICATION; A grant by the owner of a right to use land to the public in general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the Ttown, FINAL APPROVAL: Approval by the Pplanning and Eenvironmental Csommission of the final plat or approval of the council if appealed. Planning and Eenvironmental Csommission final approval does not take place until eleven (11) days after the Pplanning and Eenvironmental Csommission decision on the final plat, if the Csouncii does not appeai. PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the Pplanning and Eenvironmental Csommission for approval. SUBDIVISION OR SUBDIVIDED LAND: C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the Ttown or law or regulations of the state. F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Ttown of Vail as a legally subdivided lot, and which shall contain single-family or primary/secondary ~'1 125 detached dwelling units. Each such dwelling unit shall be separated from any other dwelling unit by space on all sides. For zoning purposes, the lots created by asingle-family subdivision shall be treated as one lot. Issue There are many terms in the Subdivision Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of these regulations. 4PTIQNS Without any changes, the Subdivision Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions Chapter of the Subdivision Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. REDQMMENDED AMENDMENTS 13-2-2: DEFINI7~l0111S AS-BUILT PLAN: The final development plan that reflects the constructed subdivr`sion. BIKE PATH: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles. CULVERT: A ditch, drain or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure DRAINAGE: Surface water runoff or fhe removal of surface water or groundwater from land by dray"ns, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development. ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment, as further regulated by Chapter 12-12, Environmenfal Impact Reports. SOIL STABILITY ANALYSIS: A study conducted to determine the status of the sort on a property. Issue There are many definitions in other Chapters that are not also listed in this comprehensive Definitions Chapter of Title 13. QPTIQNS We can keep separate Definitions Sections in various Chapters for terms that only apply 126 to thaw Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms far this Title. A comprehensive Definitions Section makes the Code more user-friendly and helps ensure applicants are aware of all definitions. RECOMMENDEQ AMENDMENTS 13-2-~: DEFINITIC}NS: BUILDING CONNECTIC)N SEWER: A sewer within a public street or right of way, proposed to connect any parcel, lot, or part of a lot with a main line sewer. BUILDING SEWER: A sewer, wholly within private property, proposed to connect any building to a building connecfian. BYLAWS: Sha1I refer to the bylaws of the unit owners' association or corporafion. COMMdJNITY APARTMENT: A development in which there is an undivided Interest in the Land coupled with the right of exclusive occupancy of an aparfinent located therein. Community apartments shall be subject to the same restrictions and conditions sef forth in this Chapter for condominium units.. CONDOMINIUM CONVFRSlON: The development or use of the land and existing structures as a condominium project regardless of the present . or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. CONDOMINIUM PROJECT: The entire parcel of real property, including al! structures thereon, to be divided into two (2) ar mare units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UNIT: An Individual air space unif together with the Interest in the common elements appurtenant to such unit. CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity performing the work.~In the case of work being performed under permit issued by the Town, the permiftee shall be construed to be the contractor. [}AYS: Consecutive calendar days, unless otherwise specified. 1~7 DECLARATION: An instrument recorded pursuant to the statutes of the State and which defines the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, !imifations and specifications which may be required by the Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure far amendments of the declaration which requires approval of the Town. EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at least one person who is an employee in Eagle County. INDIVIDUAL A1R SPACE UNIT: Consists of any enclosed room or rooms occupying all or part of a floor or floors of a building of one or mare floors to be used for residential, professional, commercial or industrial purposes, which has access to a public street. INSPECTOR: An authorized representative of fhe Public Works Director, assigned to make any or ail necessary inspections of materials furnished and work performed by fhe contractor. MODERATE INCOME: Shall be as defined from time fv time b fhe Tawn Council y . PLANS: The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Town Engineer or Building Official, which show the location, character, dimensions, or details of the work. PRIVATE CONTRACT: Work subject to Town inspection, control, and approval, involving private funds, not administered by the Town. REFERENCE SPECIFlCAT10NS: Those bulletins, standards, rules, methods of analysts or tests, codes and specifications of ofher agencies, engineering societies, or industrial assocr"afions referred to in the contract documents. These refer to the lafesf edition, including amendments in effect and published at the time of advertising fhe project ar issuing the permit, unless specifically referred to by edition, volume, or date. SERVICE CONNECTION: All or any portion of fhe conduif, cable, or duct, including meter, between a utility distribution line and an individual consumer. 128 SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. SPECIAL PROV1S10NS: Any written provisions which supplement ar modify these specifications. SPECIFICATIONS: Standard specifications, reference specifications, special provisions, and specifications in supplemental agreements between the contractor and the Town. STANDARD PLANS: Details of standard structures, devices, ar instructions referred to on the plans or in specifications by title ar number. STORM SEWER: Any conduit and appurtenances intended for the reception and transfer of storm water. SUPERINTENDENT: The executive representative for the contractor present on the work at all times, authorized fo receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. SUPERVISION: Where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Town in becoming a party to the contract. Except as specifically stated herein, supervision by the Town shall not mean active and direct superintendence of details of the work. SURETY: Any individual, firm or corporation, bound with and for the contractor for the acceptable performance, executr`on, and completion of the work, and for the satisfaction of all obligations r'ncurred. TOWN: The Town of Vail, County of Eagle, State of Colorado. UTILITY: Tracks, overhead ar underground wires, pipe lines, conduits, ditches, ducts or structures, sewers ar storm drains owned, operated, or maintained in or across a public right of way ar private easement. WORK: That which is proposed fo be constructed or done under the contract or permit, including the furnishing of al! labor materials, supervision, too/s and equipment. 129 ISSUE The term "primarylsecondary" is contained in the Code numerous times, but in this case, it is used in the wrong context. OPTIONS If no change is made, the definition will remain confusing to ap}~licants. The proposed text amendment will alleviate any confusion with regards to this definition. RECOMMENDED AMENDMENT 93-2-2: DEFIN1Tlt7NS SUBf~lV1SION OR St.181~1V1DEO LAND: F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Lawn of Vail as a legally subdivided lot, and which shall contain asingle-family or nrre69~a~ two- family €~ct~.'~ed dwelling it-s. 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 steal! be treated as one lot. Staff Comment: The proposed text amendments are necessary to create a legally '~ binding process far reviewing subdivisions. Criteria and Necessary Findings are the foundation for subdivision review and need to be clearly spelled oUt to subdividers and the commissions who review them. C~APTER'i3-3: MAJOR SUBDIVISIONS SECTION '13-3-3: PRELIMINARY PLAN: SECTION 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA SECTION 13-3-f: FINAL PLAT: SECTION '13-3-'I3: SITE IMPROVEMENT PERMIT ISSUANCE: ' ISSUE There are numerous grammatical errors. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. ISSUE The criteria for review of major subdivisions are very vague. There are no applicable necessary findings for PEC and Town Council to find when reviewing major subdivision applications. OPTIONS C 130 Currently, staff uses necessary findings from other places in the Code as a template. Staff feels that necessary findings need to be written into this Chapter to give PEC and the Town Council a legally binding procedure. The criteria also need to be more detailed, as shown in the proposed amendment. RECOMMENDED AMENDMENTS 13-3-3: PRELIMINARY PLAN: B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation tv the Planning and Environmental Commission, the subdivider sha[I 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 I]epartment of Community Development: 1. The Eenvironmental I+mpact Rreport required. 13-3-4: CQMMISSICJN REVIEW [)F APPLlCAT1DN; CRITERIA AND NECESSARY 1=1ND1NGS: The Planning and' Environmenfaf Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. The Planning and Environmental Commission shall consider the application, relevant additional materials,. Staff report and recommendations as well as any ofher comments or public information given at the hearing. The Planning and Environmental Commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof steal! res# with the applicant fv show that the application is in compliance with the intent and purposes of this Chapter, the Zoning ordinance grad other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and o#her agencies consulted under subsection 13-3- 3C above. rn.~i~if„rd+f. ~ ~3~ ~nr•nrnnri~fn~ann in ron~rrl #C r-8~--~{i6i~ES-r f;nr, WC .:~-~dF4/~5f8.R T , ~r r/in ni+n nnra ra c+nlr ~finnn ~. y ~, ...'VfT]L73"!17'C'aSl'~T3TCa ~ GO'L~]41T431* ~`~ f.+ ~+n3iirnn mr, nf~nj infne-r ri{~r onrl nmm~7fid-3 rlifti ..., .. ..1~ 1 1 A. Before recommending approval, approval with conditions or disapproval of the Preliminary Plan, the Planning and Environmental Commission shall consider the folJgwing criteria with respect to the proposed subdivision: (7) The extent to which the proposed subdivision is consisfent with all fhe applicable elements of the adopted goals, objectives and policies outlined r"n the Vai! 131 Comprehensive Plan and is compa#ible with the development objectives of the town; and {2} The extent to which the proposed subdivision complies with al! of the standards of this Title, as well as, but not limited to, Title ~2, Zoning Regulations and other pertrnen# regulations that the Planning and Environmental Commission deems applicable; and (3} The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4} The exten# of the effects on the future development of fhe surrounding area; and (5} The exfenf to which fhe proposed subdivision is located and designed to avoid creating spatial pafferns that cause inefficiencies in fhe delivery of public services, or require duplication or premature extension of public facili#ies, or result in a "leapfrog" pa#tern of developmen#; and {B} The extent to which the utility lines are sired to serve the planned ultimate population of fhe service area to avoid future land disruption to upgrade under-sized lines; and (7} The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the besf interests of fhe community as a whole; and (8} The extent fo which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited fo, water quality, air quality, noise, vegetation, riparian corridors, hiflsides and other desirable natural features; and {9) Such other factors and criteria as the commission council deem applicable to the proposed rezoning. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major, subdivision, fhe Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1} That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A. (2} Thaf fhe subdivision is consistent with fhe adapted goals, objectives anal policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and {~) That fhe subdivision is compatible with and sortable to 13~ • adfacenf uses and approprr'ate for fhe surrounding areas; and (4) Thaf fhe subdivision promotes fhe health, safety, morals, and general welfare of the Tawn and promotes the coordinated and harmonious development of the Town in a manner fhaf conserves and enhances ifs natural environment and ifs established character as a resort and residential community of the highest quali#y. 13-3-6: FINAL PLAT: B. Requirements And Procedure: 1. Copies Required: The subdivider shall submit eight (8) copies of the final plat, two (2) or more of which shall be mylars, twelve (12) copies a# the final Eenviranmental Itmpact Rreport and any additional material as required by subsection B3 herein. The fnal plat shall substantially conform to the preliminary plan and shall include changes as required after consideration on a preliminary basis by the Planning and Environmental Commission. 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 Carnmissian shall hold a public hearing to consider the final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. 3. Final Plat And Supplementary Material; Contents: The final plat and supplementary material shall contain the following information: q. Additional. material which shall accompany the final plat includes, but is not limited ta: (1 }Complete and final Eenvironmental timpact Rreport if required by the Zoning Ordinance. 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE:. After fiinal approval and acceptance of dedications (or payment in lieu thereof), applicable site improvement permits may be issued by the Department of Community Development and the Department of Public Works. The developer may proceed with such additional requirements, permits or authorizations as may be required by this Title ar regulations of the Town. Na permits shall be granted ar authorization to proceed in the event final approval is not granted or the provisions of Section 13-3-11 of this Chapter are not satisfied. No permits shall be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved Eenvironmenta[ limpact Rreport ar the final plat and associated material as approved. 133 CWAPTER 13-4: MINOR SUBDIVISIONS SECTION 13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-4-2: PROCEDURE: ISSUE There are numerous grammatical errors and misuse of wards. OPTIONS While the errors can remain with little issue, the need for a professional looking Gode necessitates that changes be made. ISSUE The procedures for review of minor subdivisions reference the procedures for major subdivisions. OPTIONS Leaving the cross reference as it is will nat facilitate auser-friendly regulation for applicants. Rather than cross referencing other Sections of the Code, it is necessary for each section to spell out procedure for a legally binding process. In order to ensure that procedures cannot be challenged in court, we must have a solid regulatory tool in place. RECOMMENDED AMENDMENTS 13-4-1: EXEMPTIONS 1N PR©CEDURE AND SUBMITTALS: "Minor subdivisions°', as defined in Section 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an Eenvironmental I+mpact Rreport if required by Title 72, Chapter ~2 of this Cade. 13-4-2.' PROCEDURE.' The procedure for a minor subdivision shall be as follows: A. Submission C1f Proposal, Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 73-3-68 of this Title, with the provision that certain of these requirements maybe waived by the Administrator and/ar fhe Planning and Environmental Commission if determined not applicable to fhe project. B. PEC Public~~,,N~~earingF: ~j/,/,4c'w,°,.~:~+r~},,.- ,.,:-, nr•har/~~1n o pal: ~ ~~~~ ~.K'}}EitM \~ -f 7CF~i~ ~ ~ „rrcr-~'n s~ vi ii~'i °reiiiR ~1n `+~n i^/ fn-Inui nn}ifinn}i.-.., ra rri lira mGn}c fnr nr~j~s prcp~~err c.hlic ra=ise-ter'-tf~~~ src fe~r:~~ is Within thr`rty (30) days of i 134 receiving the complete and correct submittal for a minor subdivision, fhe Planning and Environmenfal Commission shall hold a public hearing to consider fhe final plat. The Administrator shall cause a copy of a notice of fhe Time, place and general nature of the hearing and proposal to be published in a newspaper of general circulafion in the Town at leasf fifteen (~~) days prior fo saki hearing. Also, adjacent property owners fo fhe proposed subdivision shall be notified in writing of least seven (7) days prior to the public hearing. C. Review And Action Dn P1af; The Planning and Environmental Commission steal! review the plat and associated materials and shall approve, approve with modifications or disapar©ve fhe plat wifhin twenty one {21) days of the first public hearing on fhe minor subdivision or fhe minor subdivision will be deemed approved. A Ionger time period for rendering a decision may be granted subjecf to mutual agreement befween fhe Planning and Environmental Commission and subdivider. The review shalt be based on the criteria and necessary findings in Section 13-3-4. D. Appeal: .1n c,~~ef--,t#e °'s cn~' ~nirirnetm~sn!°nl ~~sie~n's ~i ~ ~ t ~nr hy~:: pr~sedares~~eel-,~-SeQfiar~-~? ? 1 g of this T;~~Wifhin • twenty {20) days the decision of fhe Planning and Environmenfal Commission on fhe final plat shall be transmitted fo the Council by the staff The Council may appeal fhe decision of the Planning and Environmenfal Commission within twenty {2U) days of the Planning and Environmenfal Commission's action. !f Council appeals fhe Planning and Environmental Commission decision, fhe Council shall hear substantially fhe same presentation by fhe applicanf as was heard at fhe Planning and Environmental Commission hearing{s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifica#ions the Planning and Environmenfal Commission decision, and the Council shall conduct the appeal of a regularly scheduled Council meeting. 135 CHAPTER 13-7: CONDOMINIUM AND CONDOMINIUM CONVERSIONS: SECTION 13-7.2: ~}EFINTIONS: SECTION 13-7-6; ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UN17S: SECTION 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: ISSUE ~ -~ The definition of "Employee Housing Unit" references a Section in Title 12. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A d4 nothing approach will result in more confusion far applicants looking to properly utilize the Code. This change will provide a more comprehensive definition far this term. ISSUE There are numerous grammatical errors in this Chapter. OPTIONS The errors can remain ar a text amendment can easily fix these mistakes, making the Code more user-friendly. RECDMMENDED .4~MEIVDMENT 13-7-2: DEFllVT10lVS EMPLOYEE HOUSI11lG UlVl7: ~ectis~`''' '' ~ 3f t#is~a~e-A dwelling unit occupied by at leasf one person who is an employee in Eagle County. 13-7-6: ADD1TlOi`iAL REQUIREMENTS FaR COIVDOM11V1UM CONVERSIONS TO EMPLOYEE 1-lOUS11VG U1'V17S: The applicant proposing to make a condominium conversion to employee housing units shall provide the fallowing documentation wifh the preliminary map: A. Conversion Reporf Listing Building Conditions: A condominium converslon report from the Ttown Bbuilding 4sfficial an the condition of the building, listing all building Cade violations, fire code vi©lafions and related violations which are defrimerttal to the health, safety and welfare of the public, fhe owners, and the occupants of fhe building. 8. Required Information: As parf of the Pplanning and Eenviranmental Csommission's review of a conditional use permit request far conversi©n to employee housing units, the f©llowing submittal information sha11 be required: a report of the proposed conversion fhat includes a summary of the proposed ownership of 136 the units; the approximafe proposed sale price of units and financing arrangements to be provided by the applicant; a wriften statement demonstrating compliance with the objectives oufllned in the Vai! t.land Ut~se Pplan, with specific reference to goal statements 3.9, 3.2 and 3.3; a draft set of condominium declarations demonstrating compliance with fhe provisions of this Tfitle. These declarations will be reviewed again by the Ttown during the condominium plafting process. C. Plans And Descriptions; Plans and descrr'pfians showing haw fhe following will be performed: i. AI7 site work shall be broughf up to currenf Ttown standards unless a variance from those standards fh^~n is granted fo the applicanf tay the Pplanning and Eenvironmenfal Csommission in accordance with the variance procedures of Tfifle 92 of this code. The Pplanning and Eenvironmental Csommission may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of fhe condominium unifs. 2. Corrections of violations cited in fhe condominium conversion report by fhe Bbuilding Deffieial. D, Maximum Sales Price: 9. Condominium Declarations: The provisions of this subsecfion D shall be incorporated directly rota the candominium declarafions for any units converted pursuant to this Cshapter. The Ttown shall review and administer fese documents to ensure compliance with these provisions. 2. Listing; Deposit; Sale: !n fhe event that an owner desires fo sell the unit, the owner shall execute a sfandard lisfing contract on forms approved by fhe Colorado Rreal Eestafe Csommission wifh the Ttown providing for a one hundred eighty {980) day listing period, or such other time period as required by the Ttown of Vail affordable housing guidelines in effect at fhe time of listing. Af this time, fhe owner shall deposit with the Ttown an amount equal to one-half percent (9/2%} of fhe estimated value of the unit. The Ttown shall prompfly advertise fhe unit for sale by competitive bid to qualified buyers. At the time of closing, fhe owner shall pay fo the Tfawn an additr`onal one and one-half percent (9 1/2°0). 3. Restriction: !n no event shah a unit be sold for an amount ("maximum sales price") in excess of fhe owner's purchase price, plus an increase of three percent {3°0y of such price per year from fhe date of purchase fo fhe date of owner's notice of intent to sell (prorated at the rate of D.25 percent for each whole month for any part of a year). Nothing herein shall be construed to constitute a representation or guarantee by the Ttown that on sale fhe owner shall abfain the maximum sales price. 4. Determining Maximum Sales Price: c. !n order fo qualify as permitted capital improvements, the owner must furnish fo the Ttown the following information with respect to the improvements which fhe owner seeks to include in the calculation of maximum sales price: (9) Original or duplicate receipts to verify the actual costs 137 expended by the owner far the perrnr'tted capita! improvements; (2} Owner's affidavit verifying fhaf fhe receipts are valid and correct receipts tendered of fhe time of purchase; and {3) True and correct copies of any building permit or certificate of occupancy required to be issued by the T~town Bbuilding Ddeparfinent with respect fa fhe pem~itted capital improvements. d. Far the purpose of determining fhe maxr'mum sales price in accordance with this secfion, the owner may also add to the amount specified in subsections D3 and D4a of Phis secfion, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, or homeowners' association, provided fhaf written certification is provided fa fhe Tfown of both the applicable requirement and the information required by subsections D4c(~} through D4c(3} of Phis secfion. 5. Permifted Capital Improvements: a. The term "permitted capital improvements" as used in fhr's section shat! only include the following: (9} Improvements or fixtures erected, installed ar attached as permanent, functional, Harr-decoraflve improvements to real property, excluding repair, replacement and/or maintenance improvements; c. All permitted capifal improvement items and costs shall be approved by the Ttown staff prior to 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 or all of the owner's customary closing costs nor accept any other consideration which would cause an increase in fhe purchase price above the bid price so as to induce the owner fa sell to such prospective buyer. 7. Procedure: In fhe event that one qualified bid is received equal to fhe maximum sales price herein established, the property shall be said fa such bidder at the maximum sales price; and in the evenf owner receives two (2} or mare such bids equal fo fhe maximum sales price, the qualified buyer shall be selected according to the priarify for sale units set forth in the Ttown of 1/ail Eemployee Hlaousing Gguidelines; and, in the event that all such qualified bidders are of equal priority pursuant to the guidelines, the qualified buyer shall be selected by lottery among fhe qualified buyers, whereupon the unit shall be sold to fhe winner of such lottery at the maximum sales price. If the lottery winner does not proceed to contract within five (5} business days after notification, the next in line will be notified and so on, unfit the unit is under contract for purchase. Backup canfracts in fhe priarify order set forth in fhe lottery will be accepted. Prospective purchasers must be prequalified by a lender prior fo submitting a bid far a unit at the subject property/project. The seller may reject any and all bids, however, the owner is subject to fhe provisions in the Tfown of Vail employee housing guidelines pertaining to the listing fee. Bids in excess of fhe maximum lades price shall be rejected. if all bids are below maximum sales price, owner may accept the highest ]. 3 qualified bid. if all bids are below maximum sales price and two (2) or more bids are for the same price, the qualified buyer shall be selected by lottery from among the highest qualified bidders. 8. IVonqualif<ed Transferee: In the event that title to fhe unit vests by descent in individuals and/or enfities who are n©f qualified buyers as that term is defined herein (hereinafter "nonquaGfied transferee(s)' j, the unit shall immediately be listed far sale as provided in subsection D3 of this section (including fhe payment of fhe specified fee to fhe Ttown}, and fhe highest bld bif-by a qualified buyer, for naf less than ninety five percent (35%) of fhe maximum sales price ar fhe appraised market value, whichever is less, shall be accepted, if all bids are below ninety five percent (95%) of the maximum sales price or the appraised market value, fhe unit shall continue fo be listed for sale until a bid in accordance with this section is made, which ,bid must be accepted. The cost of the appraisal shall be paid by fhe nonqualified fransferee(s). c. The Town, or their respective successors, as applicable, shall have fhe right and option to purchase the unit, exercisable within a period of fifteen (75} calendar days after receipt of any sales offer submit#ed fo the Ttown by a nonqualified transferee(s), and in the event of exercising their right and opfion, shall purchase fhe unif' from the nonqualified transferee(s) for a price of ninety five percent (95%) of the maximum sales price, or the appraised market value, whichever is less. The offer to purchase shall be made by fhe nonqualified transferee(s) within fifteen (15} days of acquisition of fhe unit. E. Enforcement: T. fn the event That the T#~own has reasonable cause to believe fhe owner is violating the provisions of this section, the Ttown, by ifs authorized representative, may inspect the unit between fhe hours of eight o'clock (8:00) A.M, and five o'clock (5:010) P.IVI., Monday through Friday, after providing fhe owner with no less than twenty four (24} hours' wrr`ften notice, 2. The Ttown, in the event a violation of Phis Cshapter is discovered, shall send a notice of violation fo the owner detailing fhe nature of the violation and allowing the owner fifteen (45) days to cure. Said notice shall state fhaf the owner may request a hearing before the Vail Ttown Csounci! wr`fhin fifteen (~5) days fo determine the merits of fhe allegations.. If no hearing is requested and the violation is not cured within fhe fifteen (15) day period, fhe owner shall be considered in violation of this section. If a hearing is held before the Vail Ttown Csouncil, the decision of the Ttown based on fhe record of such hearing shall be final for the purpose of determining if a violation has occurred. If the Ttown determines fhaf there has been a violation of fhe occupancy standards, the owner of the restricted employee housing unit shall be found fo be in noncompliance. Penalties fhe Ttown may assess against fhe owner include eliminating resale gain (see subsection D3 of this section), and/or perralfies found in Ssection ~'-4-9 of this Ceode, 5. !n the event that the owner fails to cure any breach, fhe Ttown 139 may resod to any and aI! available legal acfion, includr`ng, but not limited to, specific performance of fhe requirements of this section or a mandatory injunction requiring sale of the unit by owner. The casfs of such sale shat! be taxed against fhe proceeds of the sale with the balance being paid to fhe owner. 6. In fhe event of a breach of any of the Perms or conditions contained herein by the owner, his ar her heirs, successors or assigns, fhe Tfown's initial listed purchase price of fhe unit as sef forth in this secfion shall, upon the date of such breach as determined by the Tfown, automatically cease to increase as set faith in this section, and shall remain fixed until the dale of cure of said breach. 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UN1TS: A. Na New Conversions Allowed; Excepfion: There shall not be permitfed any conversion of a lodge or accommodation unif wifhin the Tfawn to a condominium, except as provided for fhe provision of employee housing units. Employee housing unifs created pursuant to this Cshapter are subject to fhe defr'nitians, requirerrmenfs and provisions of Ttifle ~2, Cshapters 73 and 96 of this Csode, as amended. ?3-7-$: RESTRICTIONS ON UNITS CONVERTEQ PR10R TO FEBRUARY 7, 1995: A. Compliance: Any accommodafian unif wifhin the Ttown which has been converted to a condominium ar has received approval far a conversion prier to fhe effective dale of February 7, ?995, shall comply wifh fhe requirements of this secfion. The requirements contained in this secfion shall naf apply fo structures or buildings which contain two (2) units or Tess. i4o CHAPTER 13-8: DUPLEX SUBDIVISIONS: SECTION 13-8-2: CRITERIA FOR REVIEW ISSUE The Zoning Regulations are improperly labeled as the Zoning Ordinance. OPTIONS If no change is made, there will be confusion and ambiguity, which can lead to legal issues in the process. The change needs to be made to correct khis error. RECOMMENDED AMENDMENT 13-8-2: CRITERIA FQR REIIIEW.• The duplex subdivision wil! be reviewed to see thaf if complies wifh the Title 92, Zoning Regulations, 9~iFnne wifh respect to building location and other aspecfs of the structure and grounds with the original plans as appr©ved by the Design Review Board of the Town and fo review the accurateness and integrity of the survey data found on the plat. CHAPTER 13-10: CONSTRUCTION DESIGN STANDARDS, IVIETHODS AND DETAILS SECTION 13-10-10: CONSTRUCTION MATERIALS: SECTION 13-1Q-11: CONSTRUCTION METHODS: SECTION 13-1Q-12: BIKE PATHS: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS The errors can be left but will Zook unprofessional, so staff feels they should be changed. After consulting with project engineers for the Town, it has been determined that the word "unsuitable" can replace the term "uncompactable," which is not a word according to various planning and building dictionaries. While the term may have implied "unable to be compacted", staff feels that unsuitable provides a more general term to describe the material. R,E'COMMENDED AMENDMENTS ~3~1L1-1D: CONSTRUCTIONi4ilATERIALS: D. Concrete: 7. Sfrengfh Repaired: A!l concrete shall have a specified compressive strength of four thousand (4,000} psi and shall be determined by ACI sfandard 318-71, sections 4.3.3 and 4.3.4. 1n non-frost nenfra~st areas, lower fc' values may be used in conformify with local practice and performance. For design charts using Lower fc' values, contact ACPA. 9. Slump= The mixture shall contain no more wafer than is 141 necessary to produce concrete which is workable and plastic. The minimum slump necessary to place the concrete satisfactorily shall be used. Slumps should be maintained so as not to exceed four and one-half inches {~ 1/~'~ for non-vibrated ne~+tib~ted placement and three inches (3') for vibrated placement. 13-7Q-19: CQIVSTRUCTION METHODS: D. Adjusting Frames, Covers, And Valve Boxes: 2. Adjusting Frames c. Manhole frames shall not be finally set anti! the pavement adjaeenf thereto has been completed. The manholes shall be left or lowered sufficienfly below grade so as not fo interfere with or form an obstruction to the preparation of the sub-base ~c~, base, and pavemenf. The manhole openings shall be temporarily covered.by suitable means and the work constructed thereover. Due care shall be exercised fo prevent foreign materia! from enfering the manholes. After the pavement has been constructed, the necessary portions of the sub-base subbase, base, and pavemenf steal! be neatly cut away, the manholes built up, and the cover frames set to grade, following which any surrounding area from which fhe pavemenf base or sub-base suabba~se has been so removed shall be backfilled with concrete. 7 3-10-12: B1KE PA THS: A. GeneraL~ This item shalt consist of the construction of bituminous or concrete bike paths in accordance with these specifications and the dimensions siera-'s shown on the plans. C. Construction Methods; Concrete Bike Paths: 7. Excavation: Excavation shah be made to the requr'red depth and to a width thaf wit! permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm, even surface conforming to the sectr`on shown in Figure 3.6~ 7. When the Engineer determines that material is unsuitable +~ e, the material shall be removed and replaced in accordance with subsection 3-10-11 E of this Chapter. • 142 CH'APTE1~ 13-11: SAMPLE CERTIFICATES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: SECTION 13-11-2: CERTIFICATE OF DED1CATION AND OWNERSHIP: SECTION 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER: SECTION 13-11-4: SURVEYOR'S CERTIFICATE: SECTION 13-11-5: TITLE CERTIFICATE: SECTION 13-11-6: CLERK AND RECORDER CERTIFICATE: SECTION 13-11-7: TOWN COUNCIL CERTIFICATE: SECTION 13-11-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: SECTIQN 13-11-9: ADMINISTRATOR CERTIFICATE: SECTION 13-11-10: CERTIFICATE OF TAXES PAID: SECTION 13-11-11: CERTIFICATE OF OWNERSHIP: (NEW SECTION) ISSUE The sample certificates in this Chapter use date templates for the 20"' century, rather than the current. 2151 century. OPTIONS If the sample certificates are left as is, they wi11 not be usable by applicants without being changed. The date section of the sample certificates need to be updated to make it easier for the public to use the samples for their needs. Guiding text is also inserted to mare the samples more user-friendly. ISSUE The sample certificates provided in this chapter of Title 13 do not give examples of Certificate of Ownership when there is no dedication of land to the public. OPTIONS If there is no sample certificate for this situation, applicants will have to create an themselves. Section 13-11-11 serves as a sample certificate for applicants in a situation of ownership without dedication, so that applicants do not have to augment samples on their own. RECOMMENDED AMENDMENTS 13-11-2: CERTIFICATE OF DEDICATION AN17 OWNERSHIP: CERTIFICATION C)F DEDICATION AND OWNERSHIP KNOW ALL MFN BY THESE PRESENTS that being .sole owner{s) rn fee simple of all that real property situafed at {inserf property locations in the Town of Vail, Eagle County, Colorado, descrr`bed as follows containing (insert number here) acres, more or less: have by these presents laid out, platfed and subdivided the same info (insert number here} lots and (insert number here) blocks as shown on this fins! plat under the name i4~ and style of a subdivision in fhe Town of Vail, Eagle Counfy, Colorado; and does hereby accept the responsibility for fhe completion of required improvements; and does hereby dedicate and set apart all of the public roads and other public improvements and pfaces as spawn on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property whr`ch are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby granf the right to install and maintain necessary structures to fhe entity responsible for providing the services far which the easements are establr'shed. Executed this day of (insert date here), A. D. -~20 Owner: (!f corporation) Corporation name Address by (signature) (type individual's name) Title (!f individual} (signature} (type name} Address State of (insert State name) County of) ~~ {insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. -~92U by {insert name here). My commission expires.' Witness my hand and seal. !Votary Pub!!e Address: 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE i 144 HOLDER OR DEED OF TRUST HOLDER: , CERTIFICATION OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER KNOW ALL MEN 13Y THESE PRESENTS that being the holder of a mortgage or deed of trust on the real property situated at (insert property 1QCation} in the Town of Vail, Eagle Counfy, Colorado, described as follows: containing (insert number here} acres, more or less; as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle Counfy, Colorado; agrees fa the dedication and setting apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby agree to the dedication of these portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby agree to fhe granting of the right to install and maintain necessary structures to fhe entity responsible for providing fhe services for which the easements are established. Executed this day of (insert date here), A. D. ~2t1_ Owner. (if corporation) Corporation name Address by (signature,i {type individual's names Title (If individual) (signature) (type name) Address State of (Insert State name) County of }-ss-(Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. X92© by (insert name here). My commission expires: Witness my hand and seal. 14~ Address: Notary Public 93-1 ~f-4: SURVEYOR'S CERTIFICATE: SURVEY©R'S CERTIFICATE (For all plats except candominium maps) l do hereby certify fhaf f am a registered Land Surveyor licensed under fhe laws of fhe State of Colorado, fhaf fhis plaf is true, correct and complete as laid out, plaffed, 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 fhe locafian and dimensions of fhe lots, easements and sfreefs of said subdivision as fhe same are staked upon fhe ground in compliance wifh applicable regulations governing fhe subdivision of land. C !n witness thereof !have set my hand and seal this day of (insert date here}, A. D., ~J2Q (NAME) COLORADO LAND SURVEYOR NO. {For condomr'nr'um maps) I do hereby certify fhaf t am a regisfered Land Surveyor Licensed under the laws of fhe State of Colorado, fhat this condominium map is free, correct and complete as laid ouf, platted, dedr`cafed and shown hereon, that such condominium map was made from an accurate 5ilrvey of said property by me and under my supervision and carrectly shows the horizontal and vertical location and dimensions of the condominiums, parcels, easements and streets of said condominium map as the same are staked upon fhe graund in compliance with applicable regulations governing fhe subdivision of land. In witness thereof l have set my hand and seal this day of ,(insert dafe here), A. D. X820 .COLORADO LAND SURVEYOR NO. (Name) I46 ~~-~ ~-~: riTLE CERTIFICATE: T1TLE CERTIFICATE (!Name of Title company) does hereby certify That the title to all lands shown upon Phis plat have been examined and is vested in and That title to such lands is free and clear of afl liens and encumbrances, except as follows: (Insert text here} Dated this day of (insert date here), A. D. ~xd Title Company or Attorney's Name Address B`y (signature) (prinfed name and fitle of officer ar attorney} 13-91-6: CLERK AND RECORDER CERTIFICATE: CLERK AND RECORDER CERTIFICATE This plat was filed for record in the office of fhe Clerk and Recorder on this day of (insert date}, A. D. X920 of (insert number) o'clock {insert A.M ar P.M). Recorded under Reception No. (insert number) in Book (insert text} at Page (insert number). Clerk and Recorder Eagle County, Colorado ay Depufy 93-1 ~, -7: TOWN COUNCIL CERTIFICATE: TOWN COUNCIL CERTIFICATE This plaf approved by fhe Town Council of fhe Town of Vail, Colorado this day of (insert dafe here) A. D., ~J20~ for filing wifh the Clerk and Recorder of Eagle County, Colorado and for the conveyance to the Tawn of Vail of the public dedications shown hereon; subject to the provision That approval in no way obligates the Town of Vail for maintenance of roads dedicated to 147 the public until construction of improvements thereon shall have been completed in accordance with Town of Vail specifications, and the Tawn Council of the Town of Vai! has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that soil conditions, subsurface geology, ground water conditions, ar flooding conditions of any lot shown hereon are such that a building permit or any other required permit wiA be issued,. This approval is with the understanding that al! expenses involving all improvements required shall be the responsibility of the subdivider and not the Town of Var'l. ATTEST. Town Clerk Mayor Town of Vail, Town Council Colorado Tawn of Vail, Colorado 93-19-5: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final plat was approved by the Town of Vai! Planning and Environmental Commission this day of (insert date here} , A.D. X20' ATTEST.' Town Clerk Chairman Town of Town of Var'1 Planning and Vail, Environmental Commission Colorado ~3-11-9: ADMlN1STRATOR CERTIFICATE: ADMINISTRATOR CERTIFICATE This final plat is hereby approved by the Town of Vail Administrator this day of (insert date here), A. D. X20, ATTEST 1~8 Town Clerk Administrator Town of Vail Town of Vail 93-77-90: CEI4T1F1CATE OF TAXES PAID: CER71F1CATE C?F TAXES PAID 1, the undersigned, do hereby certify that the entire amount of faxes due and payable as of the day of , A.1']. 20 upon a!l parcels of rea! esfafe described an this plat are paid r'n full. Dated this day of (insert date here), A. D., X920 Treasurer of Eagle County • 73-71-99: CERTIFICATE OF OWNERSHIP: CERTIFICATION OF Olll/NERSHlP KNOW ALL IIIIEN BY THESE PRESENTS that being sofe owner{s) in fee simple of alI That real property situated in the lawn of Vail, Eagle Caunfy, Colorado, described as follows: containing {insert number) acres, mare or less: have by these presents laid out, platted and subdivided the same rota lafs and blocks as shown an this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for fhe completr`on of required improvements. Executed this day of (insert date here), A.Q. X92(1 Owner: {If corporation) Corporation name Address 149 by (s%gnafure) (type individual`s name) Ti tIe (If individuaQ (signature} (fype name} Address Sfate of (Jnsert Sfate name) County of} ss (Insert county name) The foregoing Certificate of Ownership was acknowledged before me #his day of (insert date here), A.D. 20~ by {insert name here). My commission expires: Witness my hand and seal. Notary Public Address: CHAPTER 13-12: EXEMPTION PLAT REVIEW PROCEDURES SECTION 13-12-1: PURPOSE ,AND INTENT: SECTION 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-1x-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: SECTION 13-12-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIONS While the errors can remain, they should be amended to promote a professional looking Code. RECOMMENDED AMENDMENTS 13-12-1: PURPOSE AND INTENT: The purpose of this Cshapter is to establish criteria and an appropriate review process whereby the Pplanning and Eenviranrnental Csammission may grant exemptions from the defnition of the term "subdivision" for properties that. are determined to fall outside the purpose, purview and intent of r: 1S0 Cshapters 3 and 4 of this Ttitle. This process is intended to allow far the platting of property where no additional parcels are created and conformance with applicable provisions of this Csode has been demonstrated.. 13-12-2; EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 1 ~-2-2 of this Ttitle, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an Eenvironmental I+mpact Rreport if required by Ttitle 12, Cshapter 12 of this Csode. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an exemption plat review shall be as follows: A. Submission Cif Proposal; Waiver Of Requirements: The applicant shall 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 Aadminstratar and/or the Pplanning and Eenvironmental Geommission if determined not applicable to the project. B. Public Hearing: The Aadministrator will schedule a public hearing before the Pplanning and Eenvironmental Csommission and fallow notification requirements far adjacent property owners and public notice far the hearing as found in subsection 13-3-6B1 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 first public hearing an the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Pplanning and Eenviranmenka[ Csammission and the applicant. The criteria for reviewing the plat shall be as contained in Ssectian 13-3-4 of this Ttitle. D. Appeal: An appeal of the Pplanning and Eenvironmental Csommission's decision by the Ttawn Ceouncil, the applicant, or an "aggrieved ar adversely affected person" shall follow the procedures outlined in Ssubsection 13-~-5C of this Ttitle. 13-12-4: FILING AND RECORDING: The Ddepartment of Csommunity Ddevelopment will record the plat and any related documents with the Eagle County clerk anal recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the Tlown with a certification from the 'Eagle County treasurer°s office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Ddepartment of Csammunity Ddevelopment will retain one mylar iss 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 Ssubsection 13-3-5C of this Ttitle. CHAPTER '13-13: ADMINISTRATIVE PLAT CORRECTION PROCEC~URES: SECTION '13-'13-3; PLAT PROCEDURE AND CRITERIA FOR RE1/IEW: SECTION 13-13-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIUNS While the errors may remain, they should be changed to promote a more professional looking Cade. RECOMMENDED AMENDMENTS 13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Plat Procedure: Upon receiving two {2} copies of a complete submittal along with payment of the appropriate fee, the Aadministrator shall route one copy of the proposed plat to the Ttown Eengineer far his/her review. The Aadministrator shall then conduct his/her review concurrently. The Ttown Eengineer shall review the submittal and return comments and notifications to the administrator who shall transmit the approval, disapproval ar 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 Ssectian 13-3-fi of this Ttitle.. Correction plats must contain the following statement: The sole purpose of this plat is to correct an error (ar amend a plat note or an easement} filed with an approved plat. This plat correction does not alter the character, intent or development standards imposed under previous plat approvals. E3. 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 Gsommunity 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 retarding, the subdivider provides the • • • 152 fawn 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 rec©rds. A correction plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsectian 13-3.5C of this Ttitle. • 153 TITLE 14: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-1: DEVELOPMENT STANDARDS: SECTION 141-1: PURPOSE AND INTENT: SECTION 14-1-2: APPLICABILITY: SECTION 14-1-3: ADMINtSTRATIDN; SECTION 14-1 -4: NONCONFORMITIES: SECTION 14-1-5: VARIANCES: SECTION 14-1-6: APPEALS: SECTION 14-1-7: ADOPTION; ISSUE There are numerous grammatical errors. OPTIDNS While the errors may remain, they should be changed to promote a more professional looking Code. RECOMMENDED AMENDMENTS 14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the Ttown for pedestrians, vehicular traffic, emergency response traffic, and the community at large, The Development Sstandards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Ttown. 14-1-2: APPLICABILITY: lJnless specifrcally 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 Bfiuilding Oefficial, or the Ttown Eengineer, constitute a distinct hazard to life or property. The Ddevelapment Sstandards shall apply to new development, as well as to modifications and additions to existing developments, unless specifically exempted herein. 14-1-3: ADMINISTf~ATION: The Ttown Mfnanager, 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 D€#evelopment Sstandards. These rules, regulations and standards shall be initially adopted by ordinance by the Vai[ Ttown • • • 1.54 Csouncil and shall exist as a supplement to this Csode as a "handbook" of Ddevelopment Sstandards. Any amendments to the Ddevelopment Sstandards shall require adoption by T#own Csouncil prior to their enforcemen#. A copy of the approved Ddevelopment Sstandards shall be filed with the Ttown Cslerk's office. Where no specific or applicable rules, regulations, or standards appear to be set forth in #his Csode, other rules, regulations, standards, guidelines, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, may be used by the Ttown for guidance. 14-1-4: NONCONFORMITIES: Nonconforming sites and site improvements lawfully eskablished prior to the effective date of adoption of the 1development Sstandards may continue, subject to the limitations prescribed by Ttitle 12, Cshapter 18 of this Csode. To encourage redevelopment, there shall be some flexibility granted to exs#ing nonconforming sites and structures. However, wherever possible, compliance with the Ddevelopment Sstandards shall. be achieved. The pawing of existing legal nonconforming,. i.e., unpaved, driveways shall be allowed without strict compliance with the Ddevelopment Sstandards. However, a reasonable attempt shall be made to adhere as closely as possible to the Ddevelopment Sstandards when paving existing driveways. A s#ructure, which is substantially demolished or reconstructed, as defined by "demolrebuild" in the Zoning Regufatianssede, shall be required to adhere to the Ddevelopment Sstandards. 14-1-5: VARIANCES: Variances to the D+~evelapment Sstandards may be allowed when practical difficulties and unnecessary physical hardships inconsistent with the purpose and intent of the Ddevelopment Sstandards exist. Variances from the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 17 of this Csode. The issuance of a variance shall not compromise the safety of a site or structure. 14-1-6: APPEALS: Appeals from decisions made concerning the Ddevelopment Sstandards shal9 be in accordance with Ttitle 12, Cshapter 3 of this Csode. 14-1-7: ADOPTION: "Town of Vail Development Standards Handbook", was adopted by Ttown Ceouncil on September 21, 1999, as amended. r: IS5 CHAPTER 14-2: DEFINITIONS: CHAPTER 14-2: DEFINITIONS ISSUE There are many terms in Title 14 that are not defined in Chapter 14-2: Definitions, creating an incomplete listing of terms. OPTIONS If these terms are not defined, there may be ambiguity as to the meaning of certain regulations within Title 14. These proposed text amendments to the Definitions Chapter of the Development Standards Handbook provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration of this Title. Text amendments that provide definitions to terms used in the regulations create a more user friend document for the public. RECOMMENDED AMENDMENTS The following text in bold is to be added to Chapter 14-2: 14-2: DEF1NlTI4NS 700 year flood plain: The area ad~iaining a river, stream, or watercourse covered by wafer in the event of a flood, having a one percent chance of being equaled or exceeded in magnitude in any given year. Drainage: Surface water runoff ar the removal of surface water ar groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or developmeniF. Fenestration: The design and placement of windows in a building. Guard rails: A rail placed an the edge of a roadway, an bridges, driveways, etc., as a safeguard against vehicular egress of said roadway. Heated drives: Driveways which have subterranean heat- producing mechanisms to aid in melting snow and ice. Satellite dish antenna: A parabolic ar dish-shaped antenna designed to receive radio waves. Topographic surrey: A study conducted that produces a map of a lot or Lots showing elevation from some fixed reference point. Valet parking: A service provided with ar wifhaut a fee where vehicle is dropped at a designated location and an employee 156 • 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. CHAPTER 14-6: GRADING STANDARDS: CHAPTER 14-6: GRADING STANDARDS: ISSUE Table 7 is very confusing and ambiguous. OPTIONS Without changing the table, there will continue to be confusion aver this extremely important issue. Staff and numerous applicants feel that table 7 is confusing and misleading of our regulations. With text paragraphs, the Code will become clearer and the difficult issue of retaining walls can be properly regulated and followed. RECOMMENDED AMENDMENTS Delete Table 7, Insert text in bold Retaining Walls (General) Aii retaining walls are reviewed by the Design Review Board or the Administrator ~•n ~!~# to defermine compatibility to the existing topography and the materials in use, The maximum height of a retaining wall shall be six (6) feet, except within a required front setback, where the maximum height of a retaining wall shall be three (3) feef and .within a public right of-way, where there is no maximum heighf limit. Retaining walls shall be located a minimum of two (2) feet from adjacent property boundary and fen (10) feet from the edge of a public street. Ald retaining walls aver four (4) feet in height shalt require a P.E. Stamp except in the right-of--way, where retaining walls aver three (3) feet in height shall require a P.E. Stamp. fable ~ ~a:'n=~~s.~ ::galls ~~ L~onnh of nn mhennfry~~ ~ .~~+ 8-4' 4° ~-' 1~`~ ~?,E. cl~ lHl,reel ,Strom ~ea~f~.r• ~ Ale 5~~-,-°evie~v s+r Sta€i-Revie-a• cr Xes ~4 17.~ f ~ ~' ~ __. __ ty,PF'4 ~ ' T ` ... ~CfT~~ F[.r~ GT Gf 1 rQ ~~ \L'~TT ~i'~4/ll-S\3'YT~~RCJT~GT a [[[ TVQ ~ _ _ - _ ~tQ~ ~ f'CI.~V f14T1 .lt TV'V //////------~~~~~~yyyyyyr ~14 ~' '~ ~ ~ "' ~ 1~ ~~ C] ITVr i l yY V~ aITGiV V TTl T ~ ~} ~.+~7C T p~ ~ 4 V aee' '' .`-r~--a~ao^r.,t nr / ~ p p t~'B lines-1 ~n ~rnnf C`nfh nnls _ ,~.~ ~ ~ ' ~,~e}/i .~~~r ~, I,., tYty ~~ ~p p ~re'1 cfn na~ gr^iwivi-ai rtrrrv~ ~ ~"~~ ct-G-' c~tp}1 .~e~ie•~~Qr -FCt3 ~e~E6E~v' "Jr Boulder Retaining Walls Boulder retaining walls shall comply with ~~~,T,~~~G all the standards of retaining walls (general}. The height listed for refaining walls is the exposed height of eifher a single or combined height of combination walls. !f the batter (slope of the face of the wall} is greater than ?:1, a P.E, stamp is required. Combination Retaining Walls A refaining wall should be considered a cCombination walls are ^`^`°f~ if the upper wall falls within a prism defined as starting 1' behind the face of the lower wall of the lowest finished grade line and Then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be half (1/2} of the difference of the. exposed height ar four (4} feet, whichever is greater. All combination retaining walls shall have a F.E. Stamp. • • ~. 5 8 CHARTER 14-1 t): DESIGN REVIEW STANDARDS AND GUIDELINES: ARTICLE '14-'fp F: gUTDOOR LIGHTING: ISSUE As per comments made by applicants in the past, the use of the word frequency, while grammatically correct, confuses applicants because frequency is also a term to measure sound and light waves. OPTIONS No change wi11 continue to confuse applicants. To clarify, staff feels the word "quantity" is a simpler term that will ease any uncertainty. IssuE The Vail Town Code is improperly referenced. OPTIONS While the current text will not affect applican#s, the text can be legally challenged. The change to Vail Town Code, the legally acceptable name of the Code, needs to occur for a legally binding document. ISSUE Section 18.Q4.137 is referenced, but this Section changed when the Vail Town Code was recodifed. OPTIONS If the current verbiage is left as is, the reference to the definition will nat be correct. The change to °Section 18...." needs to occur to clarify the referred section, since changed to Chapter 14-2 after recodification of the Code. RECOMMENDED AMENDMENTS F. Outdoor Lightr"ng: 9. 9. ~sy Qruanfity: For lots in residential zone districts, the maximum number of light sources per Jot shall be limited to one light source per one thousand square feet of !ot area, except as. provided for below, The location of said lights shall be left open. to the discretion of fhe property owner, so long as fhe fights are in compliance with the Vaii Towr? Gode ~ew~-cif ti'a' ' ode. Lighf sources which are no more than eighteen inches above grade, as measured from fhe top of the fixture to the finish grade below, and are either full-cutoff fixfures, as defined in Chap#er 74-2 ~estier~ ''~~~, or have a maximum source lumens of 400 {equivalent to a 40 watt light bulb), may be alfowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. 159 ' PLANNING AN1r1 ENVIRONMENTAL COMMISSION PUBLIC MEETING October 10, 2005 TOWtd(}I~ ' , • • PROJECT ORIENTATION ~ Community Development Dept. PUBLIC WELCOME MEMBERS PRESE1tET Ghas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele Site Visits: MEMBERS A'(~Sf=~JT 1, Webb Office - 710 Lionshead Circle 2. Hassett Residence -- 1895 Gore Greek Drive 3. Taggar# Residence - 4110 Spruce Way Driver: George Public Hearing -Town Council Chambers 12:0(1 pm 2:00 pm 1. A request for a worksession to discuss a recommendation to the Vail Town Gouncil for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Gade, (a more complete description of the request is available for review at the Gommunity Development Department) for proposed corrections and clarifications to the Vail Town Gade, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to October 24, 2005 MOTION: Larnb SECON®: VOTE: 7-0-Q Rachel Friede presented the memorandum, detailing the changes that Staff had made since subsequent meetings. Some discussion ensued regarding the difference between "substantial improvement" as is included in the Hazard Regulations, and "demo/rebuild". Bill Jewitt commented that he disagreed with certain aspects of public parking/convention center parking, as each was listed in the Gode. 12-6F-8, Density, and Section 12-6F-11, Town Code, to allow far a residential 3, Bighorn Addition 3, and setting forth 'MOTION: Kjesbo SECOND: Lamb 2. A request for a final review of a variance from Section Parking, pursuant to Ghapter 12-17, Variances, Vail addition, 9acated at 4110 Spruce WaylLat 24, Block details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett • ACTION: Approved Page 1 VOTE: 7.0-0 Matt Gennett presented the project according to the memorandum. No Commissioner comment was added. The applicants were unable to attend the meeting, therefore na comment was added. No public comment was added. Mr. Cahill asked Staff if the applicant had complied with Staff's requests and concerns regarding the design,. which Matt answered affirmatively. 3. A request far a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow far a professional office located on the second floor, 6acated at 710 Lionshead Circle, Units A and 13 (Vail Spa)fLaf 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Kyle and Lorraine Webb Planner: Matt Gennett ACTION: Approved MOTION: Kjesb© SECOND: Viele VOTE: 7-0-0 Matt Gennett presented the project according to the memorandum. Doug Cahill asked if any permanent second floor office spaces existed currently. Matt commented that he wasn't aware of any such long-term uses. Rollie Kjesbo asked if clarification on the kitchen would be necessary. Doug Cahill confirmed that if Staff could approve that request when it was submitted, that would be fine. He stated that the upcoming request was essentially already reviewed positively by the Commission members. 4. A request for a final review of a variance, from Chapter 143, Residential Access, Driveway and Parking Standards, and Section 12-6D-6, Setbacks, Vail Town Cade, pursuant to Chapter 12- 17, Variances, Vail Town Cade, to allow far the construction of a garage within the front setback and the construction of two curb cuts, located at 1895 Gare Creek Drive/Lot 26, Vail pillage West Filing 2, and setting forth details in regard thereto. Applicant: Nancy Hassett, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel Front Setback Variance reauest ACTION: Approved with conditions MOTION: Kjesbo SECOND; Lamb VOTE: 6-1 {Gunion opposed) Residential Parkins Standards Variance reauest ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-2-0 {+Gunion and Cahill opposed) 1. This approval shall be contingent upon the applicant receiving Design Review Board approval of the design review application associated with this variance request. 2. Prior to final design review approval, the applicant shall submit a topographic survey which reflects the data from the most recently revised 100 year flood plain survey. 3. The applicant shall ensure that the Design Review Board seilamittal reflect no more than a total of twenty four feet {24°) of pavement far both curb cuts. Page 2 Elisabeth Eckel gave a presentation based open the contents of the staff memorandum. Lynn Fritzlen spoke on behalf of the applicant and addressed the variance request for the allowance of a second curb out. She stated it would be advantageous fivr the applicant to be able to pull out facing forward rather than backing out. Chas Bernhardt asked how they came up with 24' for the total space required for the curb cut. Lynn Fritzlen responded it is a standard for this type of driveway. Pat Dauphinais spoke an behalf of himself and an adjacent properky owner, Nicholas Emigholz, and stated they are both in favor of bath of the variance requests. Doug Cahill asked the applicant's representative how large the landscape island is between the two proposed curb cuts. Lynn Fritzlen responded it is 8' wide by 36' long.. Bili Jewitt asked haw much paved area there would be with ahammer-head instead of the two curb cuts.. Lynn Fritzlen replied that it would be about the same. Bill Jewitt said he does not like the idea of two curb cuts, but if it results in more landscaping then it would be preferable. Rollie Kjesba asked why PW is not in favor of two curb cuts. Elisabeth Eckel responded it is more the Planning Department than PW that is not in favor of the two curb cuts. Rollie Kjesbo stated he is in favor of two curb cuts for safety reasons. George Lamb concurred. Anne Gunion stated she disagrees with the ether commissioners on the double curb cut and is not in favor of granting either variance. David Viele articulated his support for bath variance requests based upon the criteria and findings for a variance.. Chas Bernhardt stated he is also in favor of both variance requests based upon similar variances having been granted in the past for neighboring properties, and for safety reasons. Doug Cahill stated he is in favor of the variance request for the garage located in the front setback, but is in opposition of the variance for two curb cuts, 5. A request far a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level,. and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria. for Deviations to the Architectural Design Guidelines far New Development, Lianshead Redevelopment Master Page 3 Plan, to allow far the develapment of 107 multi-family residential dwelling units, located at 728 West Lianshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Carp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Tabled to October 24, 2005 IUIOTION: Viele SECOND: Jewitt VOTE: 7-0-0 Warren Campbell gave a presentation per the staff memorandum, highlighting the changes that had occurred to the plan since the previous meeting. Jay Peterson and Tam Braun gave a presentation outlining the changes that had been made to the height of the building since the last meeting. The solution far screening the mechanicals on the roof, the height of the landmark tower, and the flat areas were described in detail They also discussed the architectural changes made to the southeast corner of the structure and the addition of several roof-top ten-aces. Finally, the pedestrian cannectivn between the Ritz Carlton Residences and the Marriott for the use of Vail Spa was discussed. Jim Lamont stated he was comfortable with the physical muds! but. it will be useful to have a digital model of the proposed structure when performing a master planning process in West Lianshead. Several members of the Commission expressed concerns about the height deviations being requested for the mechanical screening solution and the landmark tower, Several members felt that the height deviations requested did not meet the criteria provided in Resolution 18, Series of 2004. ©ther members expressed thoughts that the mechanical screening solution was appropriate. in general, the Commission was comfortable with the amount of flat roof an the structure, but directed staff to look deeper into the thought behind the 500 square foot limit found in the Master Pfan, The Commission felt that the landmark feature should be something other than another clock tower as several currently exist within Town. It was suggested that public art should be incorporated into the project and that the Art in Public Places Board should be consulted. A concern was raised that the eaves of the roof around the structure be broken up with some extending further than others. in response to the need for a digital model several members felt that a project of this size should have a digital model, however, ether felt that the physical model was adequate. The general consensus was that a computer model should be started with the ultimate goal of using the model in the study of the master planning far the new properties acquired by Vail Resorts in West Lianshead, not for the final review and approval of the proposed Ritz-Carlton Residences. In the future digital models should be mandatary far larger projects with a physical model being secondary and constructed only if needed to make a more informed decision. 6. A request far final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of the Conference Center develapment site; final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Tvwn Cade, to allow for a public convention facility and public parking facilities and structures, and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria far Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 l=ast Lianshead Circle/ Lot 1, Black 2, Vail Lianshead Filing 1, Lat 3 and 5, Block 1, Vail Lianshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, [nc. Planner: Bill Gibson ACTION: Tabled to ©ctober 24, 2005 MOTION: VMefe SECOND: Jewitt VOTE: 7-0-0 Page 4 7. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Tvwn of Vail Planner: Bill Gibson ACTION: Tabled to October 24, 2005 MOTION: Viele SECOND: Dewitt VOTE: 7-0-0 8. A request for a recommendation to the Vail Town Council for a rezoning of Lots 1-3, Vail das Schone 1=ding 1, Lot 1 and Vail dos Schane Filing 3 from Gammercial Gore 3 {CG3) to Public Accommodation (PA}, located at 2211 North Frontage Road/Lots 1-3, Vail das Schane fling 1 and 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I LLC, represented by Bharat Bhakta Planner: Matt Gennett ACTION: Tabled to November 14, 2005 MOTION: Viele SECOND: Dewitt VOTE: 7-0-0 9. A request far a final review of a conditional use permit, pursuant to Section 12-7B-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 RoadlLat C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remanav & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: Withdrawn 10, 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: Mauriello Planning Group, LLC Planner: George Ruther ACTION: Withdrawn 11. A request far a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a' conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow far the development of 106 multi-family residential dwelling units, located at 728 West Lionshead CircleJLat 2, West Day Subdivision, and setting forth details in regard thereto, Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Withdrawn 12. Appr©val of September 1.2, 2005 minutes MOTION: Viete SECOND: Dewitt VOTE: 7-0-0 13. Approval of September 26, 2006 minutes MOTION: Viele SECON©: Dewitt ~ VOTE: 4-0-3 14. Information Update 15. Adjournment MOTION: tCjesbo SECOND: Viele VOTE: 7-0-0 Page 5 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 Corrimunity Development Department. Please call (970) 479-2938 for additional information. Sign language interpretation is available upon request with 24-hour notifucation. Please call {97(}) 479-23~fi, Telephone far the Hearing Impaired, for information. Community Development Department Published October 7, 200b, in the Vail Daily. • Page 6