HomeMy WebLinkAbout2009-1012 PECPLANNING AND ENVIRONMENTAL COMMISSION
October 12, 2009
1:00pm
MN OF YAfI+ '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
No Site Visits
60 minutes
1. A request for a final recommendation to the Vail Town Council on prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title
12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land
use in specific zone districts, and setting for details in regard thereto. (PEC090030)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
60 minutes
2. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
5 minutes
3. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Table to October 28, 2009
MOTION: SECOND: VOTE:
5 minutes
4. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to October 28, 2009
MOTION: SECOND: VOTE:
Page 1
5. Approval of September 28, 2009 minutes
MOTION: SECOND: VOTE:
6. Information Update
7. Adjournment
MOTION: SECOND: VOTE:
STAFF APPROVALS:
A conditional use permit amendment, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for a one year extension of a previously approved conditional use permit
(PEC070064) for the development of public buildings, grounds and facilities (temporary public
parking lot) located at Parcel A, Vail das Schone Filing 1 (former Wendy's Restaurant site), and
setting forth details in regard thereto. (PEC090031)
Applicant: Town of Vail
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published October 9, 2009, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 12, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council on prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code
for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for
medical marijuana dispensaries as a land use in specific zone districts, and setting
forth details in regard thereto. (PEC090030)
Applicant: Town of Vail
Planner: Rachel Friede
SUMMARY
The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town
Council for prescribed regulations amendments (Ordinance No. 22, Series of 2009)
pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to Title 12,
Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries (MMD) as
a land use in specific zone districts, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Commission forward a recommendation of approval, with the findings noted in
Section VI of this memorandum.
II. BACKGROUND
In November, 2000, Coloradoans passed Amendment 20 to the Colorado Constitution,
legalizing the use of medical marijuana. Amendment 20 created an exception to the state's
criminal laws for any patient or primary care-giver in lawful possession of a registry
identification card to engage or assist in the medical use of marijuana. Amendment 20 also
created an exception to the state's criminal laws for physicians to advise and authorize
medical marijuana use for patients who have been diagnosed with debilitating medical
conditions.
While possession and use of medical marijuana is regulated by the State, the sale of
medical marijuana is not regulated by the State. As a result, new businesses in the form of
medical marijuana dispensaries (MMDs) are appearing under the interpretation that the
business is a primary caregiver for those diagnosed with debilitating medical conditions.
The State has deferred to local jurisdictions to regulate MMDs, typically through business
licensing, nuisance and zoning regulations.
Unlike sexually oriented businesses, which operate under the first amendment right to
freedom of speech within the U.S. Constitution, there is no constitutional right to operate a
medical marijuana dispensary. To the contrary, the operation of such facilities is the result
of an interpretive loophole within the Colorado Constitution, rather than any express U.S.
constitutional or statutory authority. It is the right to use medical marijuana that is protected
under the Colorado Constitution.
III. DESCRIPTION OF REQUEST
Title 12, Zoning Regulations, Vail Town Code, does not specifically address MMDs, which
are a hybrid of retail, pharmacy and medical office. Because the land use is not listed
within any zone district in the Town of Vail, it is thereby not permitted. However, pursuant
to Section 12-3-4, Determination of Similar Use, Vail Town Code, an applicant could
request that the Vail Town Council make a determination that MMDs are a similar use to a
land use listed within the regulations. Because of the recent increase in MMDs in the
region, the Town of Vail has identified this as an issue that needs to be addressed. There
are three courses of action that the Town of Vail could take to address MMDs:
1. No changes to the Vail Town Code, which would effectively ban medical marijuana
dispensaries within the Town; or
2. Amend the Vail Town Code to allow medical marijuana dispensaries anywhere within
the Town; or
3. Amend the Vail Town Code to define, permit and regulate medical marijuana
dispensaries within appropriate zone districts within the Town of Vail.
The purpose of the proposed Ordinance No. 22, Series of 2009 is to take the third listed
course of action and proactively address MMDs through amendments to Title 12, Zoning
Regulations, Vail Town Code. There have been numerous inquiries to the Community
Development Department regarding MMDs by parties interested in opening these
businesses in Vail. New businesses contribute sales tax and provide additional economic
benefits to the community. MMDs could be a compatible use, and Staff examined all zone
district characteristics to determine which zone districts would be appropriate for this use.
Because of the resort community nature of the Town of Vail, certain zone districts were
deemed inappropriate for this use. Staff determined that the most appropriate zone districts
for MMDs are the Commercial Core III, Arterial Business and Commercial Service Center
Districts. The purpose statements and underlying land use of these districts lends support
for the additional of MMDs as a conditional use, as is further discussed in Section V of this
memorandum.
The proposed text amendments are included in the draft Ordinance No. 22, Series of 2009,
which is found in Attachment A. The regulations provide a definition of medical marijuana
dispensaries and allow MMDs as a conditional use in Commercial Core III (CC3),
Commercial Service Center (CSC), and Arterial Business (ABD) Districts. Use specific
criteria are also established for MMDs, including the regulation of distance from schools,
distance from each other, signage, security, and business practices. Zone District Maps
are included in Attachment C for reference.
IV. APPLICABLE DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART):
12-1-2: PURPOSE
A. General: These regulations are enacted for the purpose of promoting the health, safety,
morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
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B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
ARTICLE 12-7E. COMMERCIAL SERVICE CENTER (CSC) DISTRICT
12-7E-1: PURPOSE: The commercial service center district is intended to provide sites for
general shopping and commercial facilities serving the town, together with limited multiple-
family dwelling and lodge uses as may be appropriate without interfering with the basic
commercial functions of the zone district. The commercial service center district is intended
to ensure adequate light, air, open space, and other amenities appropriate to permitted
types of buildings and uses, and to maintain a convenient shopping center environment for
permitted commercial uses.
ARTICLE 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT
12-7F-1: PURPOSE: The arterial business district is intended to provide sites for office
space, public utilities, service stations, limited light industry having no adverse
environmental impacts that provides significant on site tourist amenities and limited
shopping and commercial facilities serving the town and Upper Eagle Valley residents and
guests. Multiple-family dwellings for use as employee housing will be appropriate under
specific circumstances. The arterial business district is intended to ensure adequate light,
air, open space, and other amenities appropriate to permitted and conditional types of
buildings and uses, and to maintain a convenient (limited) shopping, business, service, and
residential environment.
CHAPTER 12-16: CONDITIONAL USE PERMITS
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit application, 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.
5. Such other factors and criteria as the commission deems applicable to the proposed
use.
6. The environmental impact report concerning the proposed use, if an environmental
impact report is required by chapter 12 of this title.
8. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title
and the purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title
VAIL LAND USE PLAN (IN PART)
Community Commercial: This area includes activities aimed at accommodating the
overnight and short-term visitor to the area. Primary uses include hotels, lodges, service
stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation
units per buildable acre). These areas are oriented toward vehicular access from I-70, with
other support commercial and business services included. Also allowed in this category,
would be institutional uses and various municipal uses.
Community Office: This area is to include primarily office uses of all types. Some limited
commercial uses, such as retail businesses; including general merchandise, apparel and
accessories and auto service facilities would also be permitted.
V. REVIEW CRITERIA
The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
The proposed text amendments provide a medical land use within the Town of Vail,
thus furthering the general purpose of the Zoning Regulations of "promoting the health,
safety, morals, and general welfare of the Town." By addressing the allowable zone
districts for this use, the text amendments also further the general purpose "to promote
the coordinated and harmonious development of the Town." The specific purpose of
securing safety from dangerous conditions is addressed by the use specific criteria that
requires security on site. The specific purpose to "conserve and maintain established
community qualities and economic values" is met by the use specific criteria that
safeguards the community from any undesirable qualities and follows economic values
of expanding types of businesses and land uses. The use specific criteria regulating
signage and advertisements aims to "safeguard and enhance the appearance of the
Town" another specific purpose. The introduction of the use itself provides new
business opportunity and new services for the community, which furthers the specific
purposes of assuring adequate amenities and "to otherwise provide for the growth of an
orderly and viable community. "
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
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By addressing MMDs through regulations, the text amendments provide controlled
growth of land uses and ensure that this land use is in appropriate locations. This better
achieves the goal of the Land Use Plan stating, "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." Since the
proposed regulations require that MMDs be located in specific commercial and business
districts, the amendments help to achieve another goal in the Land Use Plan, which is
that "commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs. "
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
The adoption of Amendment 20 to the State of Colorado Constitution in 2000 set the
stage for allowing MMDs through legal loopholes. Recently, at least five MMDs have
opened in Eagle County. At least four different entities have expressed interest in
opening MMDs in Vail. The proposed text amendments are a direct result of these
changes to conditions, and reflect the Town's efforts to be proactive in this changing
environment.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Staff believes the text amendments provide a harmonious, convenient and workable
relationship about land use regulations because the districts selected to include MMDs
are appropriate and compatible with this use. While the Commercial Core 3 (CC3)
District does not have a purpose statement, the District as a whole is the sole location of
the Community Commercial designation in the Vail Land Use Plan. The Community
Commercial designation includes commercial serving the local community. The CC3
District and Community Commercial designation encompass the properties in West Vail
from the Brandess Building along the Frontage Road to 7-11 plus the Chamonix
property. Allowed land uses in this district include a wide variety of commercial
activities, such as offices, retail, supermarket, restaurant and banks. MMDs as a land
use are appropriate for this zone district and the underlying land use designation.
The purpose statement of the Arterial Business District (ABD) includes references to
providing for offices that serve the local and tourist community. The underlying land use
designation of the entire ABD is Community Office. This designation includes both
properties zoned ABD as well as the Glen Lyon Office Building across the street.
Because MMDs are a hybrid of existing uses including office, it would be an appropriate
land use for this district and land use designation.
The Commercial Service Center District consists of three properties, including Solaris,
US Bank Building, and the Gateway Building. All three properties are also Special
Development Districts that rely on underlying zoning for allowable land uses. All three
properties include office space, and the US Bank Building includes a bank and medical
offices. The purpose of the Commercial Service Center District is to provide for
commercial with limited residential uses. Medical marijuana dispensaries would be
appropriate in the Commercial Service Center District because of the concentration on
commercial and not residential uses.
The use specific criteria that requires MMDs to be located a minimum of 50 feet from
schools ensures that the MMDs will not conflict with incompatible land uses within the
same zone district. Required distances between two MMDs provides a safeguard that
this use will not overpower other uses, thus maintaining a workable relationship among
all land uses. Distances between MMDs and schools will be measured in a straight line,
without regard to intervening structures, from the closest exterior structural wall of each
business. Attachment C includes a map that depicts schools and distances to the zone
districts in consideration for MMDs.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council for
prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical
marijuana dispensaries as a land use in specific zone districts, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request, the Community Development Department
recommends the Commission pass the following motion:
'Based upon the review of the criteria outlined in Section V of Staff's October 12,
2009 memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code for
amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical
marijuana dispensaries as a land use in specific zone districts, and setting forth
details in regard thereto, with the following findings:
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
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of
the Town and promotes the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
VII. ATTACHMENTS
A. Ordinance No. 22, Series of 2009
B. Amendment 20: State of Colorado Regulations on Medical Marijuana
C. Relevant Maps
D. Robbins, Rohn. "Vail law: Colorado's medical marijuana laws: Use of medical
marijuana in Vail and Colorado is narrowly defined." Vail Daily, 9129109
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ATTACHMENT A
ORDINANCE NO. 22
SERIES OF 2009
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, TO
ALLOW MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE IN THE
COMMERCIAL CORE III, ARTERIAL BUSINESS AND COMMERCIAL SERVICE CENTER
DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the voters of the State of Colorado affirmed the medical use of marijuana by
approving Amendment 20 in November of 2000; and,
WHEREAS, the intent of Amendment 20 was to enable persons who are in medical need of
marijuana to be able to obtain and use it without fear of criminal prosecution; and,
WHEREAS, the State of Colorado has not adopted regulations for medical marijuana
dispensaries, instead deferring to local jurisdictions to adopt regulations; and,
WHEREAS, the Vail Town Council finds that the prescribed regulations 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.
Ordinance No. 22, Series of 2009 1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose: The purpose of this ordinance is to establish regulations for medical
marijuana dispensaries, and allow them as a conditional use in the appropriate commercial zone
districts.
Section 2. Section 12-2-2, Vail Town Code is hereby amen
Section 12-2-2: Definitions of Words and T
Medical Marijuana Dispensary.
transmits, gives, dispenses or c
accordance with the laws of the,
do.
sells, distributes,
lical marijuana, in
Section 3. Section 12-7D-2, Vail Town
ereby amended as follows:
J in the commercial core 3
permit in accord with the
is not conducted
12-14-18 of this title.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Section 4. Section 12-7E-4, Vail Town Code is hereby amended as follows:
Section 12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to
issuance of a conditional use permit in accordance with the provisions
of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted
entirely within a building.
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Ordinance No. 22, Series of 2009 2
Section 6. Section 12-16-7, Vail Town Code is hereby amended as follows:
Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall
be in addition to the criteria and findings required by section 12-16-6 of this
chapter.
A. Uses And Criteria:
17. Medical Marijuana Dispensaries:
A. Medical Marijuana Dispensaries shall be located a minimum of
fifty (50) feet from any school or educational facility serving
persons under eighteen (18) years of age or any other medical
marijuana dispensary. The distance shall be measured in a
Ordinance No. 22, Series of 2009
thereof.
Section 9. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
Ordinance No. 22, Series of 2009 4
provision hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
ATTEST
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series of 2009 5
ATTACHMENT B
Colorado Amendment 20
Ballot Title: An amendment to the Colorado Constitution authorizing the medical use of
marijuana for persons suffering from debilitating medical conditions, and, in connection
therewith, establishing an affirmative defense to Colorado criminal laws for patients and their
primary care-givers relating to the medical use of marijuana; establishing exceptions to
Colorado criminal laws for patients and primary care-givers in lawful possession of a registry
identification card for medical marijuana use and for physicians who advise patients or provide
them with written documentation as to such medical marijuana use; defining "debilitating
medical condition" and authorizing the state health agency to approve other medical conditions
or treatments as debilitating medical conditions; requiring preservation of seized property
interests that had been possessed, owned, or used in connection with a claimed medical use of
marijuana and limiting forfeiture of such interests; establishing and maintaining a confidential
state registry of patients receiving an identification card for the medical use of marijuana and
defining eligibility for receipt of such a card and placement on the registry; restricting access to
information in the registry; establishing procedures for issuance of an identification card;
authorizing fees to cover administrative costs associated with the registry; specifying the form
and amount of marijuana a patient may possess and restrictions on its use; setting forth
additional requirements for the medical use of marijuana by patients less than eighteen years
old; directing enactment of implementing legislation and criminal penalties for certain offenses;
requiring the state health agency designated by the governor to make application forms
available to residents of Colorado for inclusion on the registry; limiting a health insurer's liability
on claims relating to the medical use of marijuana; and providing that no employer must
accommodate medical use of marijuana in the workplace.
Text of Constitutional Amendment:
Be it Enacted by the People of the State of Colorado:
AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, AMENDING
ARTICLE XVIII, ADDING A NEW SECTION TO READ:
Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions.
(1) As used in this section, these terms are defined as follows.
(a) "Debilitating medical condition" means:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired
immune deficiency syndrome, or treatment for such conditions;
(11) A chronic or debilitating disease or medical condition, or treatment for such
conditions, which produces, for a specific patient, one or more of the following, and for
which, in the professional opinion of the patient's physician, such condition or conditions
reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain;
severe nausea; seizures, including those that are characteristic of epilepsy; or persistent
muscle spasms, including those that are characteristic of multiple sclerosis; or
(III) Any other medical condition, or treatment for such condition, approved by the state
health agency, pursuant to its rule making authority or its approval of any petition
submitted by a patient or physician as provided in this section.
(b) "Medical use" means the acquisition, possession, production, use, or transportation of
marijuana or paraphernalia related to the administration of such marijuana to address the
symptoms or effects of a patient's debilitating medical condition, which may be authorized only
after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as
provided by this section.
(c) "Parent" means a custodial mother or father of a patient under the age of eighteen years,
any person having custody of a patient under the age of eighteen years, or any person serving
as a legal guardian for a patient under the age of eighteen years.
(d) "Patient" means a person who has a debilitating medical condition.
(e) "Physician" means a doctor of medicine who maintains, in good standing, a license to
practice medicine issued by the state of Colorado.
(f) "Primary care-giver" means a person, other than the patient and the patient's physician, who
is eighteen years of age or older and has significant responsibility for managing the well-being
of a patient who has a debilitating medical condition.
(g) "Registry identification card" means that document, issued by the state health agency, which
identifies a patient authorized to engage in the medical use of marijuana and such patient's
primary care-giver, if any has been designated.
(h) "State health agency" means that public health related entity of state government designated
by the governor to establish and maintain a confidential registry of patients authorized to
engage in the medical use of marijuana and enact rules to administer this program.
(i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus)
cannabis, and any mixture or preparation thereof, which are appropriate for medical use as
provided in this section, but excludes the plant's stalks, stems, and roots.
Q) "Written documentation" means a statement signed by a patient's physician or copies of the
patient's pertinent medical records.
(2)
(a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or
primary care-giver charged with a violation of the state's criminal laws related to the patient's
medical use of marijuana will be deemed to have established an affirmative defense to such
allegation where:
(1) The patient was previously diagnosed by a physician as having a debilitating medical
condition;
(11) The patient was advised by his or her physician, in the context of a bona fide
physician-patient relationship, that the patient might benefit from the medical use of
marijuana in connection with a debilitating medical condition; and
(111) The patient and his or her primary care-giver were collectively in possession of
amounts of marijuana only as permitted under this section. This affirmative defense shall
not exclude the assertion of any other defense where a patient or primary care-giver is
charged with a violation of state law related to the patient's medical use of marijuana.
2
(b) Effective June 1, 1999, it shall be an exception from the state's criminal laws for any patient
or primary care-giver in lawful possession of a registry identification card to engage or assist in
the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this
section.
(c) It shall be an exception from the state's criminal laws for any physician to:
(1) Advise a patient whom the physician has diagnosed as having a debilitating medical
condition, about the risks and benefits of medical use of marijuana or that he or she
might benefit from the medical use of marijuana, provided that such advice is based
upon the physician's contemporaneous assessment of the patient's medical history and
current medical condition and a bona fide physician-patient relationship; or
(11) Provide a patient with written documentation, based upon the physician's
contemporaneous assessment of the patient's medical history and current medical
condition and a bona fide physician-patient relationship, stating that the patient has a
debilitating medical condition and might benefit from the medical use of marijuana. No
physician shall be denied any rights or privileges for the acts authorized by this
subsection.
(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-
giver, shall be entitled to the protection of this section for his or her acquisition, possession,
manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for
any use other than medical use.
(e) Any property interest that is possessed, owned, or used in connection with the medical use
of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or
destroyed while in the possession of state or local law enforcement officials where such
property has been seized in connection with the claimed medical use of marijuana. Any such
property interest shall not be forfeited under any provision of state law providing for the forfeiture
of property other than as a sentence imposed after conviction of a criminal offense or entry of a
plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law
enforcement officials from a patient or primary care-giver in connection with the claimed medical
use of marijuana shall be returned immediately upon the determination of the district attorney or
his or her designee that the patient or primary care-giver is entitled to the protection contained in
this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of
charges, or acquittal.
(3) The state health agency shall create and maintain a confidential registry of patients who
have applied for and are entitled to receive a registry identification card according to the criteria
set forth in this subsection, effective June 1, 1999.
(a) No person shall be permitted to gain access to any information about patients in the state
health agency's confidential registry, or any information otherwise maintained by the state
health agency about physicians and primary care-givers, except for authorized employees of the
state health agency in the course of their official duties and authorized employees of state or
local law enforcement agencies which have stopped or arrested a person who claims to be
engaged in the medical use of marijuana and in possession of a registry identification card or its
functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of
state or local law enforcement agencies shall be granted access to the information contained
within the state health agency's confidential registry only for the purpose of verifying that an
individual who has presented a registry identification card to a state or local law enforcement
official is lawfully in possession of such card.
(b) In order to be placed on the state's confidential registry for the medical use of marijuana, a
patient must reside in Colorado and submit the completed application form adopted by the state
health agency, including the following information, to the state health agency:
(1) The original or a copy of written documentation stating that the patient has been
diagnosed with a debilitating medical condition and the physician's conclusion that the
patient might benefit from the medical use of marijuana;
(11) The name, address, date of birth, and social security number of the patient;
(111) The name, address, and telephone number of the patient's physician; and
(IV) The name and address of the patient's primary care-giver, if one is designated at the
time of application.
(c) Within thirty days of receiving the information referred to in subparagraphs (3)(b)(I)-(IV), the
state health agency shall verify medical information contained in the patient's written
documentation. The agency shall notify the applicant that his or her application for a registry
identification card has been denied if the agency's review of such documentation discloses that:
the information required pursuant to paragraph (3)(b) of this section has not been provided or
has been falsified; the documentation fails to state that the patient has a debilitating medical
condition specified in this section or by state health agency rule; or the physician does not have
a license to practice medicine issued by the state of Colorado. Otherwise, not more than five
days after verifying such information, the state health agency shall issue one serially numbered
registry identification card to the patient, stating:
(1) The patient's name, address, date of birth, and social security number;
(11) That the patient's name has been certified to the state health agency as a person
who has a debilitating medical condition, whereby the patient may address such
condition with the medical use of marijuana;
(III) The date of issuance of the registry identification card and the date of expiration of
such card, which shall be one year from the date of issuance; and
(IV) The name and address of the patient's primary care-giver, if any is designated at the
time of application.
(d) Except for patients applying pursuant to subsection (6) of this section, where the state health
agency, within thirty-five days of receipt of an application, fails to issue a registry identification
card or fails to issue verbal or written notice of denial of such application, the patient's
application for such card will be deemed to have been approved. Receipt shall be deemed to
have occurred upon delivery to the state health agency, or deposit in the United States mails.
Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A
patient who is questioned by any state or local law enforcement official about his or her medical
use of marijuana shall provide a copy of the application submitted to the state health agency,
including the written documentation and proof of the date of mailing or other transmission of the
written documentation for delivery to the state health agency, which shall be accorded the same
4
legal effect as a registry identification card, until such time as the patient receives notice that the
application has been denied.
(e) A patient whose application has been denied by the state health agency may not reapply
during the six months following the date of the denial and may not use an application for a
registry identification card as provided in paragraph (3)(d) of this section. The denial of a registry
identification card shall be considered a final agency action. Only the patient whose application
has been denied shall have standing to contest the agency action.
(f) When there has been a change in the name, address, physician, or primary care-giver of
patient who has qualified for a registry identification card, that patient must notify the state
health agency of any such change within ten days. A patient who has not designated a primary
care-giver at the time of application to the state health agency may do so in writing at any time
during the effective period of the registry identification card, and the primary care-giver may act
in this capacity after such designation. To maintain an effective registry identification card, a
patient must annually resubmit, at least thirty days prior to the expiration date stated on the
registry identification card, updated written documentation to the state health agency, as well as
the name and address of the patient's primary care-giver, if any is designated at such time.
(g) Authorized employees of state or local law enforcement agencies shall immediately notify
the state health agency when any person in possession of a registry identification card has been
determined by a court of law to have willfully violated the provisions of this section or its
implementing legislation, or has pled guilty to such offense.
(h) A patient who no longer has a debilitating medical condition shall return his or her registry
identification card to the state health agency within twenty-four hours of receiving such
diagnosis by his or her physician.
(i) The state health agency may determine and levy reasonable fees to pay for any direct or
indirect administrative costs associated with its role in this program.
(4)
(a) A patient may engage in the medical use of marijuana, with no more marijuana than is
medically necessary to address a debilitating medical condition. A patient's medical use of
marijuana, within the following limits, is lawful:
(1) No more than two ounces of a usable form of marijuana; and
(11) No more than six marijuana plants, with three or fewer being mature, flowering plants
that are producing a usable form of marijuana.
(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-
giver may raise as an affirmative defense to charges of violation of state law that such greater
amounts were medically necessary to address the patient's debilitating medical condition.
(5)
(a) No patient shall:
(1) Engage in the medical use of marijuana in a way that endangers the health or well-
being of any person; or
(11) Engage in the medical use of marijuana in plain view of, or in a place open to, the
general public.
(b) In addition to any other penalties provided by law, the state health agency shall revoke for a
period of one year the registry identification card of any patient found to have willfully violated
the provisions of this section or the implementing legislation adopted by the general assembly.
(6) Notwithstanding paragraphs (2)(a) and (3)(d) of this section, no patient under eighteen years
of age shall engage in the medical use of marijuana unless:
(a) Two physicians have diagnosed the patient as having a debilitating medical condition;
(b) One of the physicians referred to in paragraph (6)(a) has explained the possible risks and
benefits of medical use of marijuana to the patient and each of the patient's parents residing in
Colorado;
(c) The physicians referred to in paragraph (6)(b) has provided the patient with the written
documentation, specified in subparagraph (3)(b)(1);
(d) Each of the patient's parents residing in Colorado consent in writing to the state health
agency to permit the patient to engage in the medical use of marijuana;
(e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver;
(f) A parent serving as a primary care-giver completes and submits an application for a registry
identification card as provided in subparagraph (3)(b) of this section and the written consents
referred to in paragraph (6)(d) to the state health agency;
(g) The state health agency approves the patient's application and transmits the patient's
registry identification card to the parent designated as a primary care-giver;
(h) The patient and primary care-giver collectively possess amounts of marijuana no greater
than those specified in subparagraph (4)(a)(1) and (11); and
(i) The primary care-giver controls the acquisition of such marijuana and the dosage and
frequency of its use by
the patient.
(7) Not later than March 1, 1999, the governor shall designate, by executive order, the state
health agency as defined in paragraph (1)(g) of this section.
(8) Not later than April 30, 1999, the General Assembly shall define such terms and enact such
legislation as may be necessary for implementation of this section, as well as determine and
enact
(a) Fraudulent representation of a medical condition by a patient to a physician, state health
agency, or state or local law enforcement official for the purpose of falsely obtaining a registry
identification card or avoiding arrest and prosecution;
(b) Fraudulent use or theft of any person's registry identification card to acquire, possess,
produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are
6
required to be returned where patients are no longer diagnosed as having a debilitating medical
condition;
(c) Fraudulent production or counterfeiting of, or tampering with, one or more registry
identification cards; or
(d) Breach of confidentiality of information provided to or by the state health agency.
(9) Not later than June 1, 1999, the state health agency shall develop and make available to
residents of Colorado an application form for persons seeking to be listed on the confidential
registry of patients. By such date, the state health agency shall also enact rules of
administration, including but not limited to rules governing the establishment and confidentiality
of the registry, the verification of medical information, the issuance and form of registry
identification cards, communications with law enforcement officials about registry identification
cards that have been suspended where a patient is no longer diagnosed as having a debilitating
medical condition, and the manner in which the agency may consider adding debilitating
medical conditions to the list provided in this section. Beginning June 1, 1999, the state health
agency shall accept physician or patient initiated petitions to add debilitating medical conditions
to the list provided in this section and, after such hearing as the state health agency deems
appropriate, shall approve or deny such petitions within one hundred eighty days of submission.
The decision to approve or deny a petition shall be considered a final agency action.
(10)
(a) No governmental, private, or any other health insurance provider shall be required to be
liable for any claim for reimbursement for the medical use of marijuana.
(b) Nothing in this section shall require any employer to accommodate the medical use of
marijuana in any work place.
(11) Unless otherwise provided by this section, all provisions of this section shall become
effective upon official declaration of the vote hereon by proclamation of the governor, pursuant
to article V, section (1)(4), and shall apply to acts or offenses committed on or after that date.
7
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Attachment D
Vail law: Colorado's medical marijuana laws
Use of medical marijuana in Vail and Colorado is narrowly defined
By Rohn Robbins
Vail, CO Colorado
Printed in the Vail Daily on September 29, 2009
VAIL, Colorado - Pot dispensaries have come to Colorado's Vail Valley. Some may argue
these dispensaries make it an even happier place. But that misses the point. The pot in those
dispensaries, while just as capable of happy-making as any other pot, is for medical purposes
only. Got that? No sniggering allowed.
While debate may yet rage over the medicinal benefits of marijuana, the fact remains that
medicinal use of marijuana is perfectly legal in Colorado. Its use, however, is narrowly confined.
Treating a `debilitating condition'
Following ratification by the voters in November of 2000, Colorado's medical marijuana law was
adopted Dec. 28, 2000 and is found in Article 18, Section 14 of the Colorado State Constitution.
The law's formal title is "Medical use of marijuana for person suffering from debilitating medical
conditions." The title speaks volumes about the limitations of its legal use.
"Debilitating condition" is limited to cancer, glaucoma, AIDS/HIV-positive, or other chronic
diseases or medical conditions for which the medicinal use of marijuana produces alleviation of
wasting, pain, nausea, seizures, or persistent muscle spasms. The patient's physician must
certify that the patient's symptoms may "reasonably" be ameliorated by the use of marijuana.
"Medical use" is also specifically defined and contemplates that marijuana may be acquired,
produced, possessed and used only in relation to a patient's illness after diagnosis by the
patient's physician. The physician must be in good standing and licensed to practice medicine in
Colorado. The relationship between the doctor and the patient must be genuine.
Possession and use of marijuana for medical purposes is an exception from the state's criminal
laws, and unless all criteria of its use for medical purposes are met, the patient and/or the
patient's primary care-giver may be charged with one or more crimes.
Neither the doctor prescribing medical marijuana nor the patient (and/or primary care-giver) will
be exempt from criminal prosecution if the acquisition, possession, manufacture, use,
distribution or sale is for any reason other than legitimate medical use.
Who qualifies?
The state health agency maintains a confidential registry of patients who have applied for, and
are entitled to receive, a registry identification card. Criteria to qualify for the card include
residency within the Colorado and completion of the form adopted by the state. The form
requires identifying information about both the patient and physician.
State officials must verify the medical information within 30 days of receiving the form. The
application may be denied if the information has not been provided or is falsified; the
documentation fails to state that the patient has a debilitating medical condition; the condition
does not qualify; or the physician does not have a valid license to practice in the state. If the
patient qualifies, the state has five days to issue a registry card.
Besides identifying information about the patient, and certification by the state health agency
that the person qualifies for the card, the card contains both the date of issuance and its
expiration - one year from the date of issue. A patient who is questioned by law enforcement
about his use of marijuana must provide his card.
A patient may not reapply for at least six months if his or her application is denied. If the agency
fails to either deny the application or issue a registry card within 35 days after the application is
submitted, the application is deemed to have been approved. If questioned by law enforcement,
the patient must provide a copy of his application, including the written documentation and proof
of the date of mailing or other delivery to the state health agency. In these circumstances, the
application will be accorded the same legal effect as a registry identification card, until, at least,
the patient receives notice that the application has been denied.
An approved patient may use marijuana, but only in a "medically necessary" amount. That
means he may possess no more than two ounces in useable form and have no more than six
marijuana plants with three or fewer being mature, flowering plants. The patient may not use
marijuana openly or in public.
Any person who commits fraud in representing a medical condition to a physician, the
department of health, or a state or local law enforcement official for the purpose of falsely
obtaining a marijuana registry card, or for the purpose of avoiding arrest and prosecution for a
marijuana-related offense, commits a class 1 misdemeanor. Similarly, the fraudulent production,
counterfeiting or tampering with a registry card is a class 1 misdemeanor.
While perhaps controversial, there are those who sing the praises and medicinal virtues of
marijuana. In any event, those who seek medical marijuana must ensure that they comply with
the procedures and conditions of its possession and its use.
Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who
practices in the Vail Valley.
2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 12, 2009
SUBJECT: A request for a work session to discuss prescribed regulations amendments,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning
Regulations, Vail Town Code, and setting forth details in regard thereto.
(PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
PURPOSE
The applicant, the Town of Vail, is requesting a work session to discuss prescribed
regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Title 12, Zoning Regulations, Vail Town Code, to allow for housekeeping, clarification
and policy shifts within the Town of Vail, and setting forth details in regard thereto.
The purpose of this work session is to provide the Planning and Environmental
Commission with a portion of the Code Analysis Report, provided in Attachment A of this
memorandum. Attachment A includes an analysis of Chapter 12-1, Title, Purpose and
Applicability, Chapter 12-4, Districts Established, Chapter 12-5, Official Zoning Map, and
Chapter 12-6, Residential Districts, Vail Town Code.
II. BACKGROUND
As part of the 2009 Code Revision Project, Staff has been analyzing Title 12, Zoning
Regulations in order to understand all of the issues and complexities within the existing
regulations. The resulting Code Analysis Report will serve as the foundation for
updating the regulations to achieve the goals outlined for the 2009 Code Revision
Project, which are as follows:
1. Integrate green standards and guidelines.
2. Streamline the process and procedures for development review.
3. Ensure consistency among regulations and planning documents.
4. Increase efficiencies and cost savings in the development review process.
5. Eliminate outdated, ineffective and unnecessary provisions within the
development titles.
6. Reaffirm existing policies and adopt new policies to clarify direction.
7. Maintain current with industry practices and standards.
8. Ensure support from the community through public process
Within each chapter, the report includes a summary, general issues, existing regulations
with specific issues and recommendations, a summary of related regulations, and
recommended regulations.
III. STAFF RECOMMENDATION
Staff requests that the Commissioners listen to the presentation, ask pertinent questions,
and provide input on the Code Analysis Report. Staff also requests that this item be
tabled to the October 26, 2009 meeting.
IV. ATTACHMENT
A. Code Analysis Report (in part)
2
ATTACHMENT A
2009 CODE REVISION PROJECT
CODE ANALYSIS REPORT
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
CHAPTER 1, TITLE PURPOSE AND APPLICABILITY
CHAPTER 4, DISTRICTS DESIGNATED
CHAPTER 5, OFFICIAL ZONING MAP
CHAPTER 6, RESIDENTIAL DISTRICTS
10/12/09
CHAPTER 12-1: TITLE, PURPOSE, APPLICABILITY
SUMMARY:
Chapter 1, Title, Purpose and Applicability is a legally required chapter that provides a clear and concise
purpose statement.
GENERAL ISSUES:
• The first chapter of zoning regulations typically is a general provisions chapter that includes all
general regulations for zoning.
Recommendation: This chapter should be renamed General Provisions in order to provide all
general provisions for Title 12, Zoning Regulations. Additional pertinent sections should be
added from other chapters and from legal requirements for Zoning Regulations, including
severability, interpretation, and defined words.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS
12-1-1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and
be incorporated as title 12 of this code, otherwise referred to as "Vail town code".
12-1-2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and
general welfare of the town, and to promote the coordinated and harmonious development of the town in
a manner that will conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous
conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in
the streets.
4. To promote adequate and appropriately located off street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with
municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and facilities
conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Issue: There is no specific purpose related to sustainability and employee housing.
Recommendation: Add sustainability and employee housing specific purposes.
12-1-3: APPLICABILITY: The regulations prescribed by this title applicable to various districts and uses
shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use.
Except as provided elsewhere in this title, the use of any land, the size or shape or placement of lots, the
construction or location of structures, the provision of yards and other open spaces, and the provision of
off street parking and loading space shall be in compliance with all of the regulations specified in this
title.
RELATED REGULATIONS AND POLICIES:
None
PROPOSED REGULATIONS
1
Chapter 1: General Provisions
12-1-1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and
be incorporated as title 12 of this code, otherwise referred to as "Vail Town Code".
12-1-2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and
general welfare of the town, and to promote the coordinated and harmonious development of the town in
a manner that will conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous
conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in
the streets.
4. To promote adequate and appropriately located off street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with
municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and facilities
conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
12. To ensure that development is sustainable and provides for environmental protection.
12-1-3: APPLICABILITY.- The regulations prescribed by this title applicable to various districts and uses
shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use.
Except as provided elsewhere in this title, the use of any land, the size or shape or placement of lots, the
construction, location or aeration of structures, the provision of yards and other open spaces, and the
provision of off street parking and loading space shall be in compliance with all of the regulations
specified in this title.
12-1-4: Authority
A. This Code is adopted pursuant to the authority contained in the Colorado Revised
Statutes (C. R. S.), and the Colorado Constitution, Article )0(, Section 6. Local
governments are provided broad authority to plan for and regulate the use of land within
theirjurisdictions, as authorized in Title 29, Article 20, et seq. and Title 31, Article 23, et
seq. of the C.R. S., as amended. Additional statutory authority may also exist for specific
types of land use regulation.
B. Whenever a section of the Colorado Revised Statues that is referred to in this Code is
later amended or superseded, this Code is deemed amended to refer to the latest version of that
provision within the CRS.
12-1-5: Jurisdiction: For purposes of zoning, this Code only applies to lands within the Town's corporate
boundaries. A copy of a map showing the boundaries of the Town of Vail shall be available for public
inspection in the Department of Community Development.
12-1-6: Severability: If any part, section, subsection, sentence, clause or phrase of this Code is for any
reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the
Code.
2
12-1-7: Interpretation: In their interpretation and application, the provisions of this Code shall be held to
be minimum requirements for the promotion of the public health, safety and welfare. Whenever the
requirements of this Code are at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
12-1-8: Conflict with Private Covenants or Deeds. In case of a conflict between this Code and any
private restrictions imposed by covenant or deed, the responsibility of the Town of Vail shall be limited to
the enforcement of this Code. When provisions within this Code are more restrictive than those imposed
by covenant or deed, or when any such private instruments are silent on matters contained within this
Code, the provisions of this Code shall rule.
12-1-9: Defined Words: Words used in a special sense in this Code are defined in Chapter 12-2. If not
specified in Chapter 12-2, words are defined by the online version of the Merriam-Webster Dictionary,
located at www.merriam-webstercom.
12-1-10: Word Usage:
A. As used in this Code, words used in the singular include the plural and words used in the plural
include the singular.
B. The words "must, " "shall" and "will" are mandatory, "may, " "can, " "should" and "might" are
permissive.
12-1-11: PERMITTED USES:
A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district
shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a
permitted use, conditional use or accessory use.
B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the particular
districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted
as a permitted use is prohibited unless a determination of similar use is made in accordance with section
12-X-X of this title.
12-1-12 Relationship to Comprehensive Plan
A. It is the intention of the Town of Vail that this Code implement the planning policies adopted in
the Town of Vail Comprehensive Plan ("Comprehensive Plan') for the Town of Vail and its extraterritorial
planning area. While this relationship is reaffirmed, it is the intent of the Town of Vail that neither this
Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the
Comprehensive Plan.
12-1-13 Computation of Time
A. In computing a period of days, the first day is excluded and the last day is included.
B. If the last day of any period is a Saturday, Sunday, or federal holiday, the period is extended to
include the next day which is not a Saturday, Sunday or federal holiday.
C. If a number of months is to be computed by counting the months from a particular day, the period
ends on the same numerical day in the concluding month as the day of the month from which the
computation is begun, unless there are not that many days in the concluding month, in which case the
period ends on the last day of that month.
CHAPTER 4: DISTRICTS ESTABLISHED
SUMMARY:
Section 12-4-1 lists the zone districts that are established within the Town of Vail. Section 12-4-2
outlines the requirement that if a use is specifically listed, that use is only permitted when listed. When
not listed, it is not permitted.
GENERAL ISSUES:
• This Chapter has a confusing title and is limited in its scope. This chapter should be combined with
Chapter 5, Official Zoning Map, to include all information about established districts and the zoning
map.
EXISTING REGULATIONS AND ISSUE IDENTIFICATION
12-4-1: DESIGNATED:
The following zone districts are established:
Hillside residential (HR) district
Single-family residential (SFR) district
Two-family residential (R) district
Two-family primary/secondary residential (PS) district
Residential cluster (RC) district
Low density multiple-family (LDMF) district
Medium density multiple-family (MDMF) district
High density multiple-family (HDMF) district
Housing (H) district
Public accommodation (PA) district
Commercial core 1 (CC 1) district
Commercial core 2 (CC2) district
Commercial core 3 (CC3) district
Commercial service center (CSC) district
Arterial business (ABD) district
Heavy service (HS) district
Lionshead mixed use 1 (LMU-1) district
Lionshead mixed use 2 (LMU-2) district
Public accommodation-2 (PA-2) district
Agricultural and open space (A) district
Outdoor recreation (OR) district
Natural area preservation (NAP) district
Ski base/recreation (SBR) district
Ski base/recreation 2 (SBR2) district
Special development (SDD) district
Parking (P) district
General use (GU) district
12-4-2: PERMITTED USES:
A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district
shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a
permitted use, conditional use or accessory use.
B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the particular
districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted
as a permitted use is prohibited unless a determination of similar use is made in accordance with section
12-3-4 of this title.
4
ISSUE: The regulations for permitted uses are hidden in this section and are not in an apparent
place for users. These regulations should be included in Chapter 1, General Provisions and
deleted from this chapter.
RELATED REGULATIONS AND POLICIES:
PROPOSED REGULATIONS
Chapter 4: Zoning Map and Zone Districts Established
12-4-1: ZONING MAP:
A. ADOPTED: The town is divided into districts as shown on the official zoning map of the town which,
together with all explanatory material thereon, is adopted by reference and declared to be part of this
title.
B. FILING: The official zoning map shall be filed in the office of the town clerk and shall be identified by
the signature of the mayor, attested by the town clerk, and bear the seal of the town under the following
words:
This is to certify that this is the Official Zoning Map referred to in Section 12 X X of the Zoning Title,
Town of Vail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning
Title and the date of the most recent change in zone district boundaries shown thereon.
C. CHANGES: No change shall be made in the zone district boundaries or other matter shown on the
official zoning map except by appropriate action of the town council in accord with Chapter 12-X of this
title. Any change adopted by the town council shall be entered on the official zoning map promptly,
together with an entry noting the date of the change and a brief description of the nature of the change,
which entry shall be attested by the town clerk. The date of the most recent change shall at all times be
indicated on any copies of the official zoning map subsequently reproduced.
D. REPLACEMENT: In the event that the official zoning map becomes damaged, destroyed, lost, or
difficult to interpret or reproduce because of the nature or number of changes and additions, the town
council may, by resolution, adopt a new official zoning map, which shall supersede the prior official
zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior
map and may add or revise street locations, lot designations, or other like designations, but no such
correction or addition shall have the effect of amending the zoning ordinance or revising the boundaries
of districts shown on the prior official zoning map.
E. INTERPRETATION OF BOUNDARIES: Where uncertainty exists as to the boundaries of districts as
shown on the official zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline of streets or roads shall be construed
to follow the centerline.
(2) Boundaries indicated as approximately following plotted lot lines shall be construed as following the
lot lines.
(3) Boundaries indicated as approximately following the town limits shall be construed as following the
town limits.
(4) Boundaries indicated as parallel to or extensions of centerlines, lot lines, town limits, or similar
geographic lines shall be so construed.
(5) Distances not specifically indicated on the official zoning map shall be determined by the scale of the
map.
(6) Where physical or cultural features existing on the ground are at variance with those shown on the
official zoning map or in circumstances not covered by subsections A through E of this section, the town
council shall interpret the zone district boundaries.
12-4-2: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION: Any land, lot, or site within the town
municipal boundary which, according to the official zoning map, does not have a designated zone
district, shall be designated natural area preservation zone district. Newly annexed property will not be
5
so designated for a period of not more than ninety (90) days or any additional period of time agreed upon
between the property owners of said property and the town for the imposition of zoning.
12-4-3: Zone Districts DESIGNATED:
The following zone districts are established:
Hillside residential (HR) district
Single-family residential (SFR) district
Two-family residential (R) district
Two-family primary/secondary residential (PS) district
Residential cluster (RC) district
Low density multiple-family (LDMF) district
Medium density multiple-family (MDMF) district
High density multiple-family (HDMF) district
Housing (H) district
Public accommodation (PA) district
Commercial core 1 (CC 1) district
Commercial core 2 (CC2) district
Commercial core 3 (CC3) district
Commercial service center (CSC) district
Arterial business (ABD) district
Heavy service (HS) district
Lionshead mixed use 1 (LMU-1) district
Lionshead mixed use 2 (LMU-2) district
Public accommodation-2 (PA-2) district
Agricultural and open space (A) district
Outdoor recreation (OR) district
Natural area preservation (NAP) district
Ski base/recreation (SBR) district
Ski base/recreation 2 (SBR2) district
Special development (SDD) district
Parking (P) district
General use (GU) district
6
CHAPTER 5: OFFICIAL ZONING MAP
SUMMARY:
Chapter 12-5, Official Zoning Map, provides detailed requirements for the adoption and filing of the
official zoning map for the Town of Vail.
GENERAL ISSUES:
• This chapter is an extension of Chapter 4. It should be combined with Chapter 4, Districts as a
new Chapter 4, Zoning Map and Zone Districts Established.
ISSUE IDENTIFICATION AND RECOMMENDATIONS
12-5-1: ADOPTED:
The town is divided into districts as shown on the official zoning map of the town which, together with
all explanatory material thereon, is adopted by reference and declared to be part of this title.
12-5-2: FILING:
The official zoning map shall be filed in the office of the town clerk and shall be identified by the
signature of the mayor, attested by the town clerk, and bear the seal of the town under the following
words:
This is to certify that this is the Official Zoning Map referred to in Section 12-5-1 of the Zoning Title,
Town of Vail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning
Title and the date of the most recent change in zone district boundaries shown thereon.
12-5-3: CHANGES:
No change shall be made in the zone district boundaries or other matter shown on the official zoning
map except by appropriate action of the town council in accord with sections 12-3-1 through 12-3-7 of
this title. Any change adopted by the town council shall be entered on the official zoning map
promptly, together with an entry noting the date of the change and a brief description of the nature of
the change, which entry shall be attested by the town clerk. The date of the most recent change shall
at all times be indicated on any copies of the official zoning map subsequently reproduced.
12-5-4: REPLACEMENT:
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret or
reproduce because of the nature or number of changes and additions, the town council may, by
resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The
new official zoning map may correct drafting or other errors or omissions in the prior map and may
add or revise street locations, lot designations, or other like designations, but no such correction or
addition shall have the effect of amending the zoning ordinance or revising the boundaries of districts
shown on the prior official zoning map.
12-5-5: INTERPRETATION OF BOUNDARIES:
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the
following rules shall apply:
A. Boundaries indicated as approximately following the centerline of streets or roads shall be
construed to follow the centerline.
B. Boundaries indicated as approximately following plotted lot lines shall be construed as following the
lot lines.
C. Boundaries indicated as approximately following the town limits shall be construed as following the
town limits.
D. Boundaries indicated as parallel to or extensions of centerlines, lot lines, town limits, or similar
geographic lines shall be so construed.
7
E. Distances not specifically indicated on the official zoning map shall be determined by the scale of
the map.
F. Where physical or cultural features existing on the ground are at variance with those shown on the
official zoning map or in circumstances not covered by subsections A through E of this section, the
town council shall interpret the zone district boundaries.
12-5-6: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION:
Any land, lot, or site within the town municipal boundary which, according to the official zoning map,
does not have a designated zone district, shall be designated natural area preservation zone district.
Newly annexed property will not be so designated for a period of not more than ninety (90) days or
any additional period of time agreed upon between the property owners of said property and the town
for the imposition of zoning.
RELATED REGULATIONS AND POLICIES:
Chapter 12-4, Districts Established
PROPOSED REGULATIONS:
0 Incorporate Chapter 5 into Chapter 4. See Chapter 4 for proposed regulations.
CHAPTER 12-6: RESIDENTIAL DISTRICTS
SUMMARY:
Chapter 12-6: Residential Districts, provides detailed development standards for all of the residential
zone districts within the Town, including Hillside Residential, Single Family Residential, Two-Family
Residential, Two-Family Primary/Secondary Residential, Residential Cluster, Low Density Multiple
Family, Medium Density Multiple Family, High Density Multiple Family and the Housing Districts.
Development Standards typically included in each article are permitted uses, conditional uses,
accessory uses, setbacks, height limitations, site coverage, lot area and dimensions, density control,
landscaping, and parking.
ARTICLE 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
Section 1: Purpose
Section 2: Permitted Uses
Section 3: Conditional Uses
Section 4: Lot Area and Site Dimensions
Section 5: Minimum Setbacks
Section 6: Maximum Height
Section 7: Maximum Density
Section 8: Maximum Gross Residential Floor Area
Section 9: Maximum Site Coverage
Section 10: Minimum Landscaping
Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and incentives for landscaping and site coverage.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6A-1: PURPOSE: The hillside residential district is intended to provide sites for low density single-
family residential uses, together with such public facilities as may be appropriately located in the same
zone district. The hillside residential district is intended to ensure adequate light, air, privacy and
open space for each dwelling, commensurate with single-family occupancy, and to maintain the
desirable low density high quality residential development of such sites by establishing appropriate
site development standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
9
12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district:
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings.
Issue: While employee housing units are listed as a permitted use, it is unclear what type of
employee housing units are permitted. In this case, accessory employee housing units are
permitted, as well as dwelling units that are also employee housing units.
Recommendation: Amend employee housing units to specify the type of accessory units that
are permitted.
12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section
Issue: Equestrian facilities were listed as a conditional use within the Hillside Residential
District because of an existing facility at the time the regulations were enacted. However, this
use may not fit in with the district purpose.
Recommendation: Remove equestrian facilities as a land use within this district.
12-6A-4: ACCESSORY USES: The following accessory uses shall be permitted in the HR district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreational facilities customarily incidental to single-family uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6A-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty one
thousand seven hundred eighty (21,780) square feet of contiguous buildable area. Each site shall
have a minimum frontage of fifty feet (50). Each site shall be of a size and shape capable of
enclosing a square eighty feet (80) on each side within its boundaries.
12-6A-6: SETBACKS: In the HR district, minimum front setbacks shall be twenty feet (20), minimum
side setbacks shall be fifteen feet (15), and minimum rear setbacks shall be fifteen feet (15).
10
12-6A-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33).
12-6A-8: DENSITY CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site.
8. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Not more than forty three (43) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus
b. Twenty five (25) 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 twenty two thousand
(22, 000) square feet of site area; plus
c. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area in excess of twenty two thousand (22, 000) square feet.
2. On any site containing two (2) dwelling units, one of the units shall not exceed one thousand two
hundred (1,200) square feet of gross residential floor area (GRFA). This unit shall not be subdivided
or sold separately from the main dwelling unit. This unit may be integrated into the main dwelling unit
or may be integrated within a garage structure serving the main unit, but shall not be a separate
freestanding structure.
Issue: The second unit being referenced in Section 2 is an EHU, and these requirements are
outlined in other locations.
Recommendation: Clarify this section to explain EHU requirements.
Issue: This district does not allow more than one structure per development site, but those
regulations are hidden within the design standards and not clearly outlined by density
controls or allowable land uses.
Recommendation: Within the density section, include language regarding number of
structures on a site.
12-6A-9: SITE COVERAGE: Site coverage shall not exceed fifteen percent (15%) of the total site
area.
12-6A-10: LANDSCAPING AND SITE DEVELOPMENT: At least seventy percent (70%) of each site
shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be
ten feet (10) with a minimum area of not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6A-1l.-PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6A-1: PURPOSE: The hillside residential district is intended to provide sites for low density single-
family residential uses with an optional accessory employee housing unit, together with such public
facilities as may be appropriately located in the same zone district. The hillside residential district is
11
intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with
single-family occupancy, and to maintain the desirable low density high quality residential
development of such sites by establishing appropriate site development standards.
12-6A-2: PERMITTED USES:
Accessory employee housing unit
Accessory Uses, Residential
Dwelling, single-family
12-6A-3: CONDITIONAL USES:
Bed and breakfasts
Funiculars and other similar conveyances.
Home child daycare facilities
Institutional Uses
Public park and recreation facilities
Public utility and public service uses
12-6A-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty one
thousand seven hundred eighty (21,780) square feet of contiguous buildable area. Each site shall
have a minimum frontage of fifty feet (50). Each site shall be of a size and shape capable of
enclosing a square eighty feet (80) on each side within its boundaries.
12-6A-5: MINIMUM SETBACKS:
(a) front: twenty feet (20)
(b) side: fifteen feet (15)
(c) rear: fifteen feet (15)
12-6A-6: MAXIMUM BUILDING HEIGHT:
(a) flat roof or mansard roof. thirty feet (30)
(b) sloping roof: thirty three feet (33)
12-6A-7: MAXIMUM DENSITY: Maximum of one structure per lot, unless otherwise permitted by
Section (reference Separation Request). Maximum of one dwelling unit and one accessory employee
housing unit per lot.
12-6A-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA:
a. Not more than forty three (43) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus
b. Twenty five (25) 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 twenty two thousand
(22, 000) square feet of site area; plus
c. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area in excess of twenty two thousand (22, 000) square feet; plus
d. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit,
or the square footage of the accessory employee housing unit, whichever is less.
12-6A-9: MAXIMUM SITE COVERAGE: fifteen percent (15%) of the total site area, or twenty percent
(2091o) of the total site area for sites with an accessory employee housing units.
12-6A-10: MINIMUM LANDSCAPING: seventy percent (7091o) of the total site area, or sixty five
percent (65%) of the total site area for sites with an accessory employee housing units.
12-6A-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
12
ARTICLE 12-613: SINGLE-FAMILY RESIDENTIAL (SFR) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
C.Section 1: Purpose
D.Section 2: Permitted Uses
E.Section 3: Conditional Uses
F.Section 4: Lot Area and Site Dimensions
G.Section 5: Minimum Setbacks
H.Section 6: Maximum Height
I.Section 7: Maximum Density
J.Section 8: Maximum Gross Residential Floor Area
K.Section 9: Maximum Site Coverage
L.Section 10: Minimum Landscaping
M.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and incentives for landscaping and site coverage.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6B-1: PURPOSE: The single-family residential district is intended to provide sites for low density
single-family residential uses, together with such public facilities as may be appropriately located in
the same zone district. The single-family residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family occupancy, and to
maintain the desirable residential qualities of such sites by establishing appropriate site development
standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district:
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings.
Issue: While employee housing units are listed as a permitted use, it is unclear what type of
employee housing units are permitted. In this case, accessory employee housing units are
permitted, as well as dwelling units that are also employee housing units. Recommendation:
Amend employee housing units to specify the type of accessory units that are permitted.
12-6B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
13
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
12-6B-4: ACCESSORY USES: The following accessory uses shall be permitted in the SFR district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6B-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twelve thousand
five hundred (12,500) square feet of buildable area. Each site shall have a minimum frontage of thirty
feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80)
on each side within its boundaries.
12-6B-6: SETBACKS: In the SFR district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet
(15).
12-6B-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33).
12-6B-8: DENSITY CONTROL:
A. Dwelling Units: Not more than one dwelling unit shall be permitted on each site.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of the first ten thousand (10, 000) square feet of site area; plus
b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area in excess of ten thousand (10,000) square feet.
2. No single-family residential lot except those located entirely in the red hazard avalanche zone or
the f/oodplain shall be so restricted that it cannot be occupied by one single-family dwelling.
14
Issue: Subsection 2 includes regulations that are rarely applicable and confusing.
Recommendation: This information should be moved to the Hazard Regulations.
12-6B-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (209,o) of the total site
area.
12-6B-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall
be landscaped. The minimum width and length of any area qualifying as landscaping shall be ten feet
(10), with a minimum area of not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6B-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6B-1: PURPOSE: The single-family residential district is intended to provide sites for low density
single-family residential uses with an optional accessory employee housing unit, together with such
public facilities as may be appropriately located in the same zone district. The single-family residential
district is intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family occupancy, and to maintain the desirable residential qualities of
such sites by establishing appropriate site development standards.
12-6B-2: PERMITTED USES:
Dwelling, single-family
Accessory employee housing unit
Accessory Uses, Residential
12-6B-3: CONDITIONAL USES:
Bed and breakfasts
Funiculars and other similar conveyances.
Home child daycare facilities
Institutional Uses
Public park and recreation facilities.
Public utility and public service uses
12-6B-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twelve thousand
five hundred (12,500) square feet of buildable area. Each site shall have a minimum frontage of thirty
feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80)
on each side within its boundaries.
12-6B-5:
MINIMUM SETBACKS:
(a) front:
twenty feet (20)
(b) side:
fifteen feet (15)
(c) rear:
fifteen feet (15)
15
12-6B-6: MAXIMUM BUILDING HEIGHT:
(a) flat roof or mansard roof. thirty feet (30)
(b) sloping roof: thirty three feet (33)
12-6B-7: MAXIMUM DENSITY: Not more than one structure per lot, unless otherwise permitted by
Section (reference Separation Request). Not more than one dwelling unit and one employee housing
unit shall be permitted on each site.
12-6B-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA:
a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of the first ten thousand (10,000) square feet of site area; plus
b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area in excess of ten thousand (10, 000) square feet.
c. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit, or
the square footage of the accessory employee housing unit, whichever is less.
12-6B-9: MAXIMUM SITE COVERAGE: twenty percent (20%) of the total site area, or twenty five
percent (25%) of the total site area for sites with any employee housing units.
12-6B-10: MINIMUM LANDSCAPING: sixty percent (6091o) of the total site area, or fifty five percent
(55%) of the total site area for sites with any employee housing units.
12-6B-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
16
ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
N.Section 1: Purpose
O.Section 2: Permitted Uses
P.Section 3: Conditional Uses
Q.Section 4: Lot Area and Site Dimensions
R.Section 5: Minimum Setbacks
S.Section 6: Maximum Height
T.Section 7: Maximum Density
U.Section 8: Maximum Gross Residential Floor Area
V.Section 9: Maximum Site Coverage
W.Section 10: Minimum Landscaping
X.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and incentives for landscaping and site coverage.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density
single-family or two-family residential uses, together with such public facilities as may be appropriately
located in the same zone district. The two-family residential district is intended to ensure adequate
light, air, privacy and open space for each dwelling, commensurate with single-family and two-family
occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate
site development standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
12-6C-2: PERMITTED USES:
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings.
Two-family residential dwellings.
Issue: While employee housing units are listed as a permitted use, it is unclear what type of
employee housing units are permitted. In this case, accessory employee housing units are
permitted, as well as dwelling units that are also employee housing units. Recommendation:
Amend employee housing units to specify the type of accessory units that are permitted.
12-6C-3: CONDITIONAL USES:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
17
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
12-6C-4: ACCESSORY USES: The following accessory uses shall be permitted in the R district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family and two-family residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6C-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15,000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6C-6: SETBACKS: In the R district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet
(15).
12-6C-7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33).
12-6C-8: DENSITY CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with
only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one
hundred (100) square 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
is
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000)
square feet of site area; plus
d. Six (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.
C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this section, a
type I employee housing unit shall be permitted on lots of less than fourteen thousand (14, 000)
square feet in accordance with the provisions of chapter 13 of this title. Any type I employee housing
unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are
demolished, in which case the zoning on the property shall apply. However, an existing type I
employee housing unit may be replaced with a type II employee housing unit on lots of fourteen
thousand (14, 000) square feet or greater.
12-6C-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site
area.
12-6C-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (6091o) of each site shall
be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and
length) with a minimum area not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6C-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density
single-family or two-family residential uses with an optional accessory employee housing unit,
together with such public facilities as may be appropriately located in the same zone district. The two-
family residential district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable
residential qualities of such sites by establishing appropriate site development standards.
12-6C-2: PERMITTED USES:
Accessory Uses, Residential
Dwelling, single-family
Dwelling, two-family
Accessory Employee Housing Unit.
12-6C-3: CONDITIONAL USES:
Bed and breakfasts.
Funiculars and other similar conveyances.
Home child daycare facilities.
Home occupations.
Institutional Uses.
19
Public utility and public service uses.
Ski lifts and tows.
12-6C-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15, 000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6C-5: SETBACKS:
(a) front: twenty feet (20)
(b) side: fifteen feet (15)
(c) rear. fifteen feet (15)
12-6C-6: MAXIMUM BUILDING HEIGHT.
(a) flat roof or mansard roof.- thirty feet (30)
(b) sloping roof: thirty three feet (33)
12-6C-7: MAXIMUM DENSITY. Not more than one structure per lot, unless otherwise permitted by
Section (reference Separation Request). On lots less than fourteen thousand (14, 000) square feet in
total lot size, not more than one (1) dwelling unit and one accessory employee housing unit. On lots
equal to or greater than fourteen thousand (14,000) square feet in total lot size, not more than two (2)
dwelling units and one (1) accessory employee housing unit.
12-6C-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA:
a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for 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
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000)
square feet of site area; plus
d. Six (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; plus
e. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit,
or the square footage of the accessory employee housing unit, whichever is less.
12-6C-9: MAXIMUM SITE COVERAGE: twenty percent (20%) of the total site area, or twenty five
percent (25%) of the total site area for sites with any employee housing units.
12-6C-10: MINIMUM LANDSCAPING: sixty percent (6091o) of the total site area, or fifty five percent
(55%) of the total site area for sites with any employee housing units.
12-6C-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
20
ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
Y.Section 1: Purpose
Z.Section 2: Permitted Uses
AA.Section 3: Conditional Uses
BB.Section 4: Lot Area and Site Dimensions
CC.Section 5: Minimum Setbacks
DD.Section 6: Maximum Height
EE.Section 7: Maximum Density
FF.Section 8: Maximum Gross Residential Floor Area
GG.Section 9: Maximum Site Coverage
HH.Section 10: Minimum Landscaping
II.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and incentives for landscaping and site coverage.
EXISTING REGULATIONS AND ISSUE IDENTIFICATION:
12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites
for single-family residential uses or two-family residential uses in which one unit is a larger primary
residence and the second unit is a smaller caretaker apartment, together with such public facilities as
may appropriately be located in the same zone district. The two-family primary/secondary residential
district is intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family and two-family occupancy, and to maintain the desirable residential
qualities of such sites by establishing appropriate site development standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
12-6D-2: PERMITTED USES: The following uses shall be permitted:
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings.
Two-family residential dwellings.
Issue: While employee housing units are listed as a permitted use, it is unclear what type of
employee housing units are permitted. In this case, accessory employee housing units are
permitted, as well as dwelling units that are also employee housing units. Recommendation:
Amend employee housing units to specify the type of accessory units that are permitted.
21
12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
12-6D-4: ACCESSORY USES: The following accessory uses shall be permitted:
Home occupations, subject to issuance of a home occupation permit in accord with the provisions of
section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family and two-family residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6D-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each
side, within its boundaries.
12-6D-6: SETBACKS: In the primary/secondary residential district, the minimum front setback shall be
twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback
shall be fifteen feet (15).
12-6D-7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33).
12-6D-8: DENSITY CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with
only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one
hundred (100) square 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
22
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000)
square feet of site area; plus
d. Six (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 (4091o) of the allowable gross residential floor
area (GRFA).
C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this section, a
type I employee housing unit shall be permitted on lots of less than fourteen thousand (14, 000)
square feet in accordance with the provisions of chapter 13 of this title. Any type I employee housing
unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are
demolished, in which case the zoning on the property shall apply. However, an existing type I
employee housing unit may be replaced with a type II employee housing unit on lots of fourteen
thousand (14, 000) square feet or greater.
12-6D-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site
area.
12-6D-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall
be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and
length) with a minimum area not less than three hundred (300) square feet.
12-6D-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
RELATED REGULATIONS AND POLICIES:
• Article 12-6C, Two-family Residential District
PROPOSED REGULATIONS:
12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density
single-family or two-family residential uses with an optional accessory employee housing unit,
together with such public facilities as may be appropriately located in the same zone district. The two-
family residential district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable
residential qualities of such sites by establishing appropriate site development standards.
12-6C-2: PERMITTED USES:
Accessory Uses, Residential
Dwelling, single-family
Dwelling, two-family
Accessory Employee Housing Unit.
12-6C-3: CONDITIONAL USES:
Bed and breakfasts.
Funiculars and other similar conveyances.
Home child daycare facilities.
Home occupations.
Institutional Uses.
Public utility and public service uses.
Ski lifts and tows.
12-6C-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15,000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30).
23
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6C-5: SETBACKS:
(a) front: twenty feet (20)
(b) side: fifteen feet (15)
(c) rear: fifteen feet (15)
12-6C-6: MAXIMUM BUILDING HEIGHT.
(a) flat roof or mansard roof. thirty feet (30)
(b) sloping roof. thirty three feet (33)
12-6C-7: MAXIMUM DENSITY.- Not more than one structure per lot, unless otherwise permitted by
Section (reference Separation Request). On lots less than fourteen thousand (14,000) square feet in
total lot size, not more than one (1) dwelling unit and one accessory employee housing unit. On lots
equal to or greater than fourteen thousand (14, 000) square feet in total lot size, not more than two (2)
dwelling units and one (1) accessory employee housing unit.
12-6C-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA:
a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for 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
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square
feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000)
square feet of site area; plus
d. Six (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; plus
e. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit,
or the square footage of the accessory employee housing unit, whichever is less.
f. The secondary unit shall not exceed forty percent (40%) of the allowable GRFA.
12-6C-9: MAXIMUM SITE COVERAGE: twenty percent (20%) of the total site area, or twenty five
percent (25%) of the total site area for sites with any employee housing units.
12-6C-10: MINIMUM LANDSCAPING: sixty percent (60%) of the total site area, or fifty five percent
(55%) of the total site area for sites with any employee housing units.
12-6C-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
24
ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
JJ.Section 1: Purpose
KK.Section 2: Permitted Uses
LL.Section 3: Conditional Uses
MM.Section 4: Lot Area and Site Dimensions
NN.Section 5: Minimum Setbacks
OO.Section 6: Maximum Height
PP.Section 7: Maximum Density
QQ.Section 8: Maximum Gross Residential Floor Area
RR.Section 9: Maximum Site Coverage
SS.Section 10: Minimum Landscaping
TT.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and incentives for landscaping and site coverage.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6E-1: PURPOSE: The residential cluster district is intended to provide sites for single-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre,
together with such public facilities as may appropriately be located in the same zone district. The
residential cluster district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities
of the zone district by establishing appropriate site development standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
Issue: The density requirements within the purpose statement are redundant.
Recommendation: Delete the density requirements from the purpose.
12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district:
Employee housing units, as further regulated by chapter 13 of this title.
Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings
with no more than four (4) units in any new building.
Single-family residential dwellings.
Two-family residential dwellings.
Issue: The number of units per building is a density issue and not a land use category.
Recommendation: Move the requirements for units per building to the density section.
25
12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district,
subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this
title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A 13 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A 13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
Issue: Business offices are allowed as a conditional use, but professional offices are not.
Business offices have a greater impact as it has a greater intensity of use.
Recommendation: Offices, which would account for all office uses, should be allowed as a
conditional use.
12-6E-4: ACCESSORY USES: The following accessory uses shall be permitted in the RC district:
Home occupations, subject to issuance of a home occupation permit in accord with the provisions of
section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios,
or recreation facilities customarily incidental to single-family, two-family or low density multiple-family
residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6E-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15,000) square feet, containing no less than eight thousand (8,000) square feet of buildable area.
Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape
capable of enclosing a square area eighty feet (80) on each side within its boundaries.
12-6E-6: SETBACKS: In the RC district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet
(15).
26
12-6E-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33).
12-6E-8: DENSITY CONTROL:
A. Gross Residential Floor Area: Not more than thirty six (36) square feet of gross residential floor
area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total
density shall not exceed six (6) dwelling units per acre of buildable site area.
A dwelling unit in a multiple-family building may include one attached accommodation unit no larger
than one-third (113) of the total floor area of the dwelling.
B. Exemptions: All projects that have received final design review board approval as of December 19,
1978, shall be exempt from the changes in this section as long as the project commences within one
year from the date of final approval. If the project is to be developed in stages, each stage shall be
commenced within one year after the completion of the previous stage.
Issue: Because accommodation units are not a listed land use within this zone district, the
language regarding accommodation units as GRFA is unnecessary.
Recommendations: Delete this language.
Issue: The exemption listed above is not applicable because projects approved in 1978 were
either built already or their approval has expired.
Recommendation: Delete this language.
12-6E-9: SITE COVERAGE:
Site coverage shall not exceed twenty five percent (25%) of the total site area.
12-6E-10: LANDSCAPING AND SITE DEVELOPMENT:
At least sixty percent (60%) of each site shall be landscaped.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6E-11: PARKING:
Off street parking shall be provided in accordance with chapter 10 of this title. No parking shall be
located in any required front setback area, except as may be specifically authorized in accordance
with chapter 17 of this title. At least one parking space per dwelling unit shall be located within the
main building or buildings or within an accessory garage whenever the development is reasonable
and appropriate for the site and is required by the design review board.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6E-1: PURPOSE: The residential cluster district is intended to provide sites for multiple buildings of
single-family, two-family, and multiple-family dwellings, together with such public facilities as may
appropriately be located in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate with residential
occupancy, and to maintain the desirable residential qualities of the zone district by establishing
appropriate site development standards.
27
12-6E-2: PERMITTED USES:
Accessory Uses, Residential
Dwellings, Multiple-family.
Dwellings, Single-family.
Dwellings, Two-family.
12-6E-3: CONDITIONAL USES:
Bed and breakfasts
Offices
Funiculars and other similar conveyances.
Home child daycare facilities
Home Occupations
Institutional Uses.
Private clubs
Public park and recreation facilities
Public utility and public service uses
12-6E-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand
(15, 000) square feet, containing no less than eight thousand (8,000) square feet of buildable area.
Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape
capable of enclosing a square area eighty feet (80) on each side within its boundaries.
12-6E-5: MINIMUM SETBACKS:
(a) front: twenty feet (20)
(b) side: fifteen feet (15)
(c) rear: fifteen feet (15)
12-6E-6: MAXIMUM BUILDING HEIGHT.
(a) flat roof or mansard roof. thirty feet (30)
(b) sloping roof. thirty three feet (33)
12-6E-7. MAXIMUM DENSITY: Maximum of four (4) units per building. Total density shall not exceed
six (6) dwelling units per acre of buildable site area and unlimited employee housing units.
12-6E-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than thirty six (36) square feet
of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of
buildable site area. Employee housing units are allowed an unlimited amount of GRFA.
12-6E-9: MAXIMUM SITE COVERAGE: twenty five percent (25%) of the total site area, or thirty
percent (3091o) of the total site area for sites with any employee housing units.
12-6E-10: MINIMUM LANDSCAPING: sixty percent (6091o) of the total site area, or fifty five percent
(5591o) of the total site area for sites with any employee housing units.
12-6E-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
No parking shall be located in any required front setback area, except as may be specifically
authorized in accordance with chapter 17 of this title. At least one parking space per dwelling unit
shall be located within the main building or buildings or within an accessory garage whenever the
development is reasonable and appropriate for the site and is required by the design review board.
28
ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
UU.Section 1: Purpose
VV.Section 2: Permitted Uses
WW.Section 3: Conditional Uses
XX.Section 4: Lot Area and Site Dimensions
YY.Section 5: Minimum Setbacks
ZZ.Section 6: Maximum Height
AAA.Section 7: Maximum Density
BBB.Section 8: Maximum Gross Residential Floor Area
CCC.Section 9: Maximum Site Coverage
DDD.Section 10: Minimum Landscaping
EEE.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and requirements for GRFA and density.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6F-1: PURPOSE: The low density multiple-family district is intended to provide sites for single-
family, two-family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per
acre, together with such public facilities as may appropriately be located in the same zone district. The
low density multiple-family district is intended to ensure adequate light, air, privacy and open space for
each dwelling, commensurate with low density occupancy, and to maintain the desirable residential
qualities of the zone district by establishing appropriate site development standards.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
Issue: The density requirements within the purpose statement are redundant.
Recommendation: Delete the density requirements from the purpose.
12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district:
Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district,
subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this
title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
29
Dog kennels.
Employee housing units, as further regulated by chapter 13 of this title.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
12-6F-4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios,
or recreation facilities customarily incidental to single-family, two-family or low density multiple-family
residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6F-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6F-6: SETBACKS: In the LDMF district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet
(20).
12-6F-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five
feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38).
12-6F-8: DENSITY CONTROL:
A. Gross Residential Floor Area: Not more than forty four (44) square feet of gross residential floor
area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total
density shall not exceed nine (9) dwelling units per acre of buildable site area.
A dwelling unit in a multiple-family building may include one attached accommodation unit no larger
than one-third (113) of the total floor area of the dwelling.
30
B. Exemptions: All projects that have received final design review board approval as of December 19,
1978, shall be exempt from the changes in this section as long as the project commences within one
year from the date of final approval. If the project is to be developed in stages, each stage shall be
commenced within one year after the completion of the previous stage.
Issue: Because accommodation units are not a listed land use within this zone district, the
language regarding accommodation units as GRFA is unnecessary.
Recommendations: Delete this language.
Issue: The exemption listed above is not applicable because projects approved in 1978 were
either built already or their approval has expired.
Recommendation: Delete this language.
12-6F-9: SITE COVERAGE: Site coverage shall not exceed thirty five percent (3591o) of the total site
area.
12-6F-10: LANDSCAPING AND SITE DEVELOPMENT: At least forty percent (40%) of each site shall
be landscaped. The minimum of any area qualifying as landscaping shall be fifteen feet (15) with a
minimum area not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6F-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
No parking shall be located in any required front setback area, except as may be specifically
authorized in accordance with the provisions of chapter 17 of this title.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6F-1: PURPOSE: The low density multiple-family district is intended to provide sites for a
combination of single-family, two-family and multiple-family dwellings, together with 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 to maintain the desirable residential qualities of the
zone district by establishing appropriate site development standards.
12-6F-2: PERMITTED USES:
Accessory Uses, Residential
Dwellings, Multiple-family
Dwellings, Single-family
Dwellings, Two-family
12-6F-3: CONDITIONAL USES:
Bed and breakfasts.
Funiculars and other similar conveyances.
Home child daycare facilities.
Private clubs.
31
Institutional Uses.
Public utility and public service uses.
12-6F-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6F-5: MINIMUM SETBACKS:
(a) front. twenty feet (20)
(b) side: twenty feet (20)
(c) rear. twenty feet (20)
12-6F-76 MAXIMUM BUILDING HEIGHT:
(a) flat roof or mansard roof.- thirty five feet (35)
(b) sloping roof: thirty eight feet (38'
12-6F-7: MAXIMUM DENSITY: Total density shall not exceed nine (9) dwelling units per acre of
buildable site area and unlimited employee housing units.
12-6F-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than forty four (44) square
feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet
of buildable site area. Employee housing units are allowed an unlimited amount of GRFA.
12-6F-9: MAXIMUM SITE COVERAGE: thirty five percent (35%) of the total site area
12-6F-10: MINIMUM LANDSCAPING: forty percent (40918) of the total site area
12-6F-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
No parking shall be located in any required front setback area, except as may be specifically
authorized in accordance with the provisions of chapter 17 of this title.
32
ARTICLE 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
FFF.Section 1: Purpose
GGG.Section 2: Permitted Uses
HHH.Section 3: Conditional Uses
III.Section 4: Lot Area and Site Dimensions
JJJ.Section 5: Minimum Setbacks
KKK.Section 6: Maximum Height
LLL.Section 7: Maximum Density
MMM.Section 8: Maximum Gross Residential Floor Area
NNN.Section 9: Maximum Site Coverage
OOO.Section 10: Minimum Landscaping
PPP.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
• EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and requirements for GRFA and density.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6G-1: PURPOSE: The medium density multiple-family district is intended to provide sites for
multiple-family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together
with such public facilities as may appropriately be located in the same zone district. The medium
density multiple-family district is intended to ensure adequate light, air, open space, and other
amenities commensurate with multiple-family occupancy, and to maintain the desirable residential
qualities of the zone district by establishing appropriate site development standards. Certain
nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend
harmoniously with the residential character of the zone district.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
Issue: The density requirements within the purpose statement are redundant.
Recommendation: Delete the density requirements from the purpose.
12-6G-2: PERMITTED USES: The following uses shall be permitted in the MDMF district:
Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
33
12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the MDMF
district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16
of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Employee housing units, as further regulated by chapter 13 of this title.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
12-6G-4: ACCESSORY USES: The following accessory uses shall be permitted in the MDMF district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios,
or recreation facilities customarily incidental to permitted residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-6G-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6G-6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet
(20).
12-6G-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five
feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38).
12-6G-8: DENSITY CONTROL:
A. Gross Residential Floor Area: Not more than fifty six (56) square feet of gross residential floor area
(GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density
shall not exceed eighteen (18) dwelling units per acre of buildable site area.
34
A dwelling unit in a multiple-family building may include one attached accommodation unit no larger
than one-third (113) of the total floor area of the dwelling.
B. Exemptions: All projects that have received final design review board approval as of December 19,
1978, shall be exempt from the changes in this section as long as the project commences within one
year from the date of final approval. If the project is to be developed in stages, each stage shall be
commenced within one year after the completion of the previous stage.
Issue: Because accommodation units are not a listed land use within this zone district, the
language regarding accommodation units as GRFA is unnecessary.
Recommendations: Delete this language.
Issue: The exemption listed above is not applicable because projects approved in 1978 were
either built already or their approval has expired.
Recommendation: Delete this language.
12-6G-9: SITE COVERAGE: Site coverage shall not exceed forty five percent (45%) of the total site
area.
12-6G-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (3091o) of the total site
area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall
be fifteen feet (15) with a minimum area not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6G-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
At least one-half (112) of the required parking shall be located within the main building or buildings and
hidden from public view or shall be completely hidden from public view from adjoining properties
within a landscaped berm. No parking or loading area shall be located in any required front setback
area.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6G-1: PURPOSE: The medium density multiple-family district is intended to provide sites for
multiple-family dwellings, together with such public facilities as may appropriately be located in the
same zone district. The medium density multiple-family district is intended to ensure adequate light,
air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain
the desirable residential qualities of the zone district by establishing appropriate site development
standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are
intended to blend harmoniously with the residential character of the zone district.
12-6G-2: PERMITTED USES:
Accessory Uses, Residential.
Dwelling, Multiple-family
Dwelling, Single-family
Dwelling, Two-family
35
12-6G-3: CONDITIONAL USES:
Bed and breakfasts
Funiculars and other similar conveyances.
Home child daycare facilities
Home occupations
Private clubs.
Institutional Uses
Public utility and public service uses
12-6G-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6G-5: MINIMUM SETBACKS:
(a) front: twenty feet (20)
(b) side: twenty feet (20)
(c) rear: twenty feet (20)
12-6G-6: MAXIMUM BUILDING HEIGHT.
(a) flat roof or mansard roof: thirty five feet (35)
(b) sloping roof.- thirty eight feet (38).
12-6G-7: MAXIMUM DENSITY.- Total density shall not exceed eighteen (18) dwelling units per acre
of buildable site area and an unlimited amount of employee housing units.
12-6G-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than fifty six (56) square feet
of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of
buildable site area. Employee housing units are allowed an unlimited amount of GRFA.
12-6G-9: MAXIMUM SITE COVERAGE: forty five percent (45%) of the total site area
12-6G-10: MINIMUM LANDSCAPING: thirty percent (30%) of the total site area
12-6G-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.
At least one-half (112) of the required parking shall be located within the main building or buildings and
hidden from public view or shall be completely hidden from public view from adjoining properties
within a landscaped berm. No parking or loading area shall be located in any required front setback
area.
36
ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT
GENERAL ISSUES:
This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
QQQ.Section 1: Purpose
RRR.Section 2: Permitted Uses
SSS.Section 3: Conditional Uses
TTT.Section 4: Lot Area and Site Dimensions
UUU.Section 5: Minimum Setbacks
VVV.Section 6: Maximum Height
VWVW.Section 7: Maximum Density
XXX.Section 8: Maximum Gross Residential Floor Area
YYY.Section 9: Maximum Site Coverage
ZZZ.Section 10: Minimum Landscaping
AAAA.Section 11: Parking Requirements
Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units,
and thus, do not promote the existence of EHUs.
Recommendation: Add proposed language to this article that details the EHU type, location,
and requirements for GRFA and density.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with
such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented
uses as may appropriately be located in the same zone district. The high density multiple-family
district is intended to ensure adequate light, air, open space, and other amenities commensurate with
high density apartment, condominium and lodge uses, and to maintain the desirable residential and
resort qualities of the zone district by establishing appropriate site development standards. Certain
nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter
and summer recreation and vacation community and, where permitted, are intended to blend
harmoniously with the residential character of the zone district.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
Issue: The density requirements within the purpose statement are redundant.
Recommendation: Delete the density requirements from the purpose.
12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district:
Employee housing units, as further regulated by chapter 13 of this title.
Lodges, including accessory eating, drinking, recreational or retail establishments, located within the
principal use and not occupying more than ten percent (10%) of the total gross residential floor area
37
(GRFA) of the main structure or structures on the site; additional accessory dining areas may be
located on an outdoor deck, porch, or terrace.
Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings.
Issue: Within the PA, PA-2 and HDMF Districts, Lodges have restrictions on the square
footage of accessory commercial space.
Recommendation: Change the lodge land use to 15% accessory commercial.
12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF
district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16
of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Employee housing units, as further regulated by chapter 13 of this title.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
Issue: The references to Chapter 12-14, Supplemental Regulations, after home child daycare
facilities and bed and breakfasts will become invalid as those regulations are moved to
Chapter 12-16, Conditional Uses.
Recommendation: Remove these references as Chapter 12-16 is already referenced at the top
of this Section.
Issue: Dog kennels may be an outdated use within this zone district.
Recommendation: Delete dog kennels as a land use within this zone district.
12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or
recreation facilities customarily incidental to permitted residential and lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for
the operation thereof.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
38
12-6H-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30').
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each
side within its boundaries.
12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20'), the minimum side
setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20').
12-6H-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five
feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48').
12-6H-8: DENSITY CONTROL: Not more than seventy six (76) square feet of gross residential floor
area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total
density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each
accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating
allowable units per acre. A dwelling unit in a multiple-family building may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling.
12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site
area.
12-6H-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site
area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall
be fifteen feet (15') with a minimum area not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-6H-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance
with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located
within the main building or buildings and hidden from public view or shall be completely hidden from
public view from adjoining properties within a landscaped berm. No parking shall be located in any
required front setback area.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-
family dwellings together with such public and semipublic facilities and lodges, private recreation
facilities and related visitor oriented uses as may appropriately be located in the same zone district.
The high density multiple-family district is intended to ensure adequate light, air, open space, and
other amenities commensurate with high density apartment, condominium and lodge uses, and to
maintain the desirable residential and resort qualities of the zone district by establishing appropriate
site development standards. Certain nonresidential uses are permitted as conditional uses, which
relate to the nature of Vail as a winter and summer recreation and vacation community and, where
permitted, are intended to blend harmoniously with the residential character of the zone district.
12-6H-2: PERMITTED USES:
39
Lodges, with up to 15% of GRFA for accessory
establishments within the structure.
Accessory Uses, Eating and Drinking Establishments.
Accessory Uses, Residential
Accessory Uses, Commercial
Dwellings, Multiple-family
12-6H-3: CONDITIONAL USES:
Bed and breakfasts
Funiculars and other similar conveyances.
Home child daycare facilities
Home occupations
Parking facilities
Private clubs
Institutional Uses
Public park and recreation facilities
Public utility and public service uses
Ski lifts and tows
Timeshare and fractional fee units
retail, recreation, and eating and drinking
12-6H-4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand
(10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30).
Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each
side within its boundaries.
12-6H-5: MINIMUM SETBACKS:
(a) front: twenty feet (20)
(b) side: twenty feet (20)
(c) rear: twenty feet (20)
12-6H-6: MAXIMUM BUILDING HEIGHT.
(a) flat roof or mansard roof.- forty five feet (45)
(b) sloping roof: forty eight feet (48)
12-6H-7: MAXIMUM DENSITY: Total density shall not exceed twenty five (25) dwelling units per acre
of buildable site area and unlimited number of employee housing units. Each accommodation unit
shall be counted as one-half (112) of a dwelling unit for purposes of calculating allowable units per
acre. Each dwelling unit may have a maximum of one (1) attached accommodation unit no larger
than one-third (113) of the total GRFA of the dwelling unit.
12-6H-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than seventy six (76) square
feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet
of buildable site area and unlimited GRFA for employee housing units.
12-6H-9: MAXIMUM SITE COVERAGE: fifty five percent (55%) of the total site area.
12-6H-10: MINIMUM LANDSCAPING: thirty percent (30%) of the total site area.
12-6H-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance
with chapter 10 of this title. At least seventy five percent (7591o) of the required parking shall be located
within the main building or buildings and hidden from public view or shall be completely hidden from
public view from adjoining properties within a landscaped berm. No parking shall be located in any
required front setback area.
40
ARTICLE 12-61: HOUSING (H) DISTRICT
GENERAL ISSUES:
• This format of this article is not consistent with the rest of the zone district articles.
Recommendation: This article needs to follow the common format, with all other relevant
information relocated to more applicable locations. The format is as follows:
BBBB.Section 1: Purpose
CCCC.Section 2: Permitted Uses
DDDD.Section 3: Conditional Uses
EEEE.Section 4: Lot Area and Site Dimensions
FFFF.Section 5: Minimum Setbacks
GGGG.Section 6: Maximum Height
HHHH.Section 7: Maximum Density
I II I.Section 8: Maximum Gross Residential Floor Area
JJJJ.Section 9: Maximum Site Coverage
KKKK.Section 10: Minimum Landscaping
LLLL.Section 11: Parking Requirements
• Land uses are not standardized among the different zone districts. There are currently 291 unique
land uses listed among the zone districts.
Recommendation: A standard list of land uses needs to replace the lengthy list of land uses
that exists today. See the appendix for existing and proposed land uses.
EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS:
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other residential zone districts. It is necessary
in this zone district to provide development standards specifically prescribed for each development
proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for
the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to
be incidental and secondary to the residential uses of the district. The housing district is intended to
ensure that employee housing permitted in the zone district is appropriately located and designed to
meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate
light, air, open spaces, and other amenities appropriate to the allowed types of uses.
Issue: The purpose statement is not clear enough as to types of structures allowed in this
district, and does not include any mention of sustainability.
Recommendation: Amend the purpose statement to include the types of structures, as well as
language related to sustainability.
12-61-2: PERMITTED USES: The following uses shall be permitted in the H district:
Bicycle and pedestrian paths.
Employee housing units, as further regulated by chapter 13 of this title.
Passive outdoor recreation areas, and open space.
Issue: Open space as a land use is implied as no land use. It is confusing to have so many
different open space designations.
Recommendation: Delete open space as a land use.
12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district,
subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this
title:
41
Commercial uses which are secondary and incidental (as determined by the planning and
environmental commission) to the use of employee housing and specifically serving the needs of the
residents of the development, and developed in conjunction with employee housing, in which case the
following uses may be allowed subject to a conditional use permit:
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7 of this title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops,
and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the
planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property,
and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not
exceed thirty percent (30%) of the total GRFA constructed on the property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible
with buildings and uses on adjacent properties.
Employee housing units, as further regulated by chapter 13 of this title.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
Issue: Conditions for dwelling units should be listed in conditions under Chapter 16,
Conditional Uses.
12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H district:
Home occupations, subject to issuance of a home occupation permit in accordance with-the
provisions of section 12-14-12 of this title.
Minor arcades.
Private greenhouses, toolsheds, playhouses, attached 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.
Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all
accessory uses.
Recommendation: Add accessory uses to permitted uses and clearly define accessory uses
to include all listed items including home occupation permits.
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the
zone district. At the discretion of the planning and environmental commission, variations to the
setback standards may be approved during the review of a development plan subject to the applicant
demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and riparian areas,
geologically sensitive areas and other environmentally sensitive areas.
B. Proposed building setbacks will provide adequate availability of light, air and open space.
42
C. Proposed building setbacks will provide a compatible relationship with buildings and uses on
adjacent properties.
D. Proposed building setbacks will result in creative design solutions or other public benefits that
could not otherwise be achieved by conformance with prescribed setback standards.
Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR,
R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental
commission pursuant to chapter 17 of this title.
12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site
area. At the discretion of the planning and environmental commission, site coverage may be
increased if seventy five percent (75%) of the required parking spaces are underground or enclosed,
thus reducing the impacts of surface paving provided within a development, and that the minimum
landscape area requirement is met.
Issue: Site coverage can be increased at the discretion of the PEC, but with the requirement
that 75% of parking is enclosed. Rather than put this at the discretion of the PEC, this should
be a black and white requirement.
12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site
area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall
be fifteen feet (15) with a minimum area not less than three hundred (300) square feet.
Issue: The landscaping size requirements are out of date and in practice, they discourage
small planting areas because they do not count towards landscaping.
Recommendation: Delete the size requirements for landscaping.
12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10
of this title. No parking or loading area shall be located within any required setback area. At the
discretion of the planning and environmental commission, variations to the parking standards outlined
in chapter 10 of this title may be approved during the review of a development plan subject to a
parking management plan. The parking management plan shall be approved by the planning and
environmental commission and shall provide for a reduction in the parking requirements based on a
demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example,
a demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not limited to, public
transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare
programs, shuttle service, or staggered work shifts.
12-61-9: LOCATION OF BUSINESS ACTIVITY:
A. Limitation; Exception: All conditional uses by section 12-61-3 of this article shall be operated and
conducted entirely within a building, except for permitted loading areas and such activities as may be
specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods.
B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of
the establishment displaying the goods and entirely upon the establishment's own property.
Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor
display.
Issue: This statement about location of business activity is redundant, as it is included in all
districts that have commercial.
Recommendation: Place this regulation in a standardized location only once in order to
ensure continuity of this policy for all zone districts.
43
12-61-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the H district, development standards
in each of the following categories shall be as proposed by the applicant, as prescribed by the
planning and environmental commission, and as adopted on the approved development plan:
1. Lot area and site dimensions.
2. Building height.
3. Density control (including gross residential floor area).
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility With Intent: To ensure the unified development, the protection of the natural
environment, the compatibility with the surrounding area and to assure that development in the
housing district will meet the intent of the zone district, an approved development plan shall be
required.
B. Plan Process And Procedures: The proposed development plan shall be in accordance with
section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall
refer it to the planning and environmental commission, which shall consider the plan at a regularly
scheduled meeting.
C. Hearing: The public hearing before the planning and environmental commission shall be held in
accordance with section 12-3-6 of this title. The planning and environmental commission may approve
the application as submitted, approve the application with conditions or modifications, or deny the
application. The decision of the planning and environmental commission may be appealed to the town
council in accordance with section 12-3-3 of this title.
D. Plan As Guide: The approved development plan shall be used as the principal guide for all
development within the housing district.
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 Approval Required: The development plan and any subsequent amendments
thereto shall require the approval of the design review board in accordance with the applicable
provisions of chapter 11 of this title prior to the commencement of site preparation.
12-61-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal
requirements for a development plan application. A complete list of the submittal requirements shall
be maintained by the administrator and filed in the department of community development. Certain
submittal requirements may be waived and/or modified by the administrator and/or the reviewing body
if it is demonstrated by the applicant that the information and materials required are not relevant to the
proposed development or applicable to the planning documents that comprise the Vail comprehensive
plan. The administrator and/or the reviewing body may require the submission of additional plans,
drawings, specifications, samples and other materials if deemed necessary to properly evaluate the
proposal.
12-61-13: DEVELOPMENT STANDARDS/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
the applicant to demonstrate that the proposed development plan complies with all applicable design
criteria:
A. Building design with respect to architecture, character, scale, massing and orientation is compatible
with the site, adjacent properties and the surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and located to produce a functional
development plan responsive to the site, the surrounding neighborhood and uses, and the community
as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to preserve and
enhance the natural features of the site, maximize opportunities for access and use by the public,
44
provide adequate buffering between the proposed uses and surrounding properties, and when
possible, are integrated with existing open space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically
pleasing circulation to the site and throughout the development.
E. Environmental impacts resulting from the proposal have been identified in the project's
environmental impact report, if not waived, and all necessary mitigating measures are implemented as
a part of the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable plans.
Issue: The above regulations outline the PEC review of the development plan. This is common
language for a few different zone districts.
Recommendation: This language should be included in Chapter 12-3, Administration.
RELATED REGULATIONS AND POLICIES:
Chapter 12-2, Definitions
Chapter 12-3, Administration
Chapter 12-10, Parking
Chapter 12-16, Conditional Uses
PROPOSED REGULATIONS:
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other residential zone districts. It is necessary
in this zone district to provide development standards specifically prescribed for each development
proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for
the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to
be incidental and secondary to the residential uses of the district. The housing district is intended to
ensure that employee housing permitted in the zone district is appropriately located and designed to
meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate
light, air, open spaces, and other amenities appropriate to the allowed types of uses.
12-61-2: PERMITTED USES:
Accessory Uses, Residential
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee housing units
Passive outdoor recreation areas
12-61-3: CONDITIONAL USES:
Accessory Uses, Commercial
Child daycare facilities
Dwelling units, excluding employee housing units
Eating and drinking establishments
Financial institutions
Funiculars and other similar conveyances.
Health clubs
Institutional Uses
Offices
Personal services
Public parks and recreational facilities
Public utilities and public services
Retail
45
12-61-4: LOT AREA AND SITE DIMENSIONS: As approved by the Planning and Environmental I
Commission.
12-61-5: MINIMUM SETBACKS: (20) from the perimeter of the zone district or as approved by the
Planning and Environmental Commission.
12-61-6: MAXIMUM BUILDING HEIGHT: As approved by the Planning and Environmental I
Commission.
12-61-7: MAXIMUM DENSITY.- As approved by the Planning and Environmental Commission.
12-61-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: As approved by the Planning and)
Environmental Commission.
12-61-9: MAXIMUM SITE COVERAGE: fifty five percent (555,o') of the total site area, except when
required spaces are enclosed, up to seventy five percent (75%) at the discretion of the planning and
environmental commission
12-61-10: MINIMUM LANDSCAPING: thirty percent (30%) of the total site area
12-61-11: PARKING AND LOADING: Off street parking shall be provided in accordance with
10 of this title. No parking or loading area shall be located within any required setback area.
46
Department of Community Development
75 Sorrth Frontage Road
T"ail, CO81657
PH: 970-479-2138
F.4-V.- 970-479-21.52
irwil'. vailgov. CO/71
October 5, 2009
West Vail Associates LTD
2121 North Frontage Road West, #101
Vail, CO 81657
Iceliux LLC
147 Gutenberg DF 11590
Mexico
Mark Yare
2121 North Frontage Road West, #181
Vail, CO 81657
Re: A conditional use permit amendment, pursuantto Section 12-16-10, Amendment Procedures, Vail Town Code,
to allow for a one year extension of a previously approved conditional use permit (PEC070064) for the development
of public buildings, grounds and facilities (temporary public parking lot) located at 2399 South Frontage Road
West/Parcel A, Vail das Schone Filing 1 (former Wendy's Restaurant site), and setting forth details in regard thereto.
(PEC090031)
Dear adjacent property owner:
This is a courtesy notice to inform you that on October 5, 2009, the Town of Vail Zoning Administrator approved a
one-year extension of the conditional use permit for the existing temporary public parking lot located at the former
Wendy's Restaurant site.
This conditional use permit was originally intended to accommodate public parking on the subject property during the
time period between the demolition of the Wendy's Restaurant and the start of construction for the new West Vail
Fire Station. This conditional use permit was originally scheduled to expire on November 12, 2009. Since
construction of the West Vail Fire Station has not yet begun, the Zoning Administrator has approved a one-year
extension of the conditional use permit to November 12, 2010.
This administrative approval will be reported at a public hearing before the Town of Vail Planning and Environmental
Commission on Monday, October 12, 2009, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South
Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this administrative
decision for its review at a future public hearing.
Pursuant to Section 12-3-3, Vail Town Code, appeals of administrative decisions may also be filed by adjacent
property owners, the applicant, adversely affected persons, or the Vail Town Council. Should you have any
questions, please do not hesitate to contact me directly at 970-479-2173.
Sincerely,
Bill Gibson, AICP
Town Planner
Town of Vail
PLANNING AND ENVIRONMENTAL COMMISSION
September 28, 2009
6 j. 1:00pm
TOWN OF YAfI+
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Rollie Kjesbo
Michael Kurz
Scott Lindall
Bill Pierce
Susie Tjossem
David Viele
Sarah Paladino
Site Visits:
No Site Visits
MEMBERS ABSENT
80 minutes
A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to October 12, 2009
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
Bill Gibson gave an introduction to the item.
Tom Kassmel, Town Engineer, explained the goals of the work session and the next steps.
Nancy Johnson, lighting consultant, gave a power point presentation discussing several
objectives of the work session. The presentation did an analysis of the LED compared to the
high pressure sodium light source.
Commissioner Kurz stated that he had visited the site and the on-site experience in much
different than can be shown in photos. From a life cycle and energy efficiency stand point there
are advantages to LED; however, he felt that the question being asked was whether or not this
community wants to specifically identify this as a road and not a "part" of the overall warm
experience of Vail.
Commissioner Paladino felt the LED was a great improvement in visibility. She clarified that this
lighting change was only being considered for the Frontage Roads not the villages.
Commissioner Tjossem felt that Vail sells ambiance and warmth and feels that the LED source
will only strengthens the fact that the highway runs through Vail. All the reports she has seen tell
her that LED is the obvious choice from an environmental and maintenance standpoint; however,
after seeing the lights first hand she feels that the lights are too bright and are too urban in
appearance. She supports utilizing high pressure sodium light sources.
Commissioner Pierce agreed with Commissioner Tjossem's comments.
Page 1
Commissioner Kjesbo drove around Town and saw that the vast majority of this Town utilizes
high pressure sodium and he feels that to introduce a new brighter light at the "front door" would
not be appropriate. He supports continuing with high pressure sodium lights.
Commissioner Viele stated his belief that the LED light source may be too bright. He suggested
that a colored lens could be placed over the LED light source in order to achieve a warmer color
and maintain the benefits of LEDs.
Commissioner Lindall supports the utilization of a 20 foot pole not a 25 foot pole. The shorter
pole keeps the scale of the Town at a level which is more comfortable. He is aware that it may
mean more poles and some greater expense. He felt the clarity offered by LED was positive, but
the LEDs will not be a positive for the character of the town.
Jim Lamont, Vail Homeowners Association, asked several questions about the function of the
lighting. Specifically, is the proposed lights can be dimmed or switched on/off as needed?
Tom Kassmel, stated that the lowest level of LED is being proposed and that the lights can be
installed with a programmable on/off system.
Jim Lamont, feels the proposed light fixtures are too contemporary and do not fit the character of
the villages. He does not support lighting the Frontage Road along its full extents.
Tom Kassmel, stated that the light fixture that was installed was not the selected fixture. A
presentation to the Design Review Board is scheduled to discuss specific fixtures and
ornamental pole options.
Jim Lamont cautioned against the trap of applying other communities' standards in Vail.
Commissioner Tjossem expressed her support for an intermediate lighting approach at
intersections. She further inquired as to why another arm could not be installed on the existing
CDOT light poles instead of adding new poles along the Frontage Road.
Nancy Johnson described the reasons why the addition of an arm on the existing interstate
lighting poles is problematic.
Commissioner Pierce suggested that additional lights near the intersections at Ford Park may be
appropriate during events, but less light along the extent of the Frontage Road.
Commissioner Tjossem stated that she felt the proposed 100 foot pole spacing was too urban
and not appropriate for Vail, a small community.
Commissioner Paladino noted that the true road lighting needs will be difficult to judge until
projects like Solaris and Four Seasons are completed and operational, but recognized that a
master plan would be beneficial in reviewing future development projects.
Commissioner Pierce stated that he felt in conjunction with this lighting master plan there needs
to be a change to the Town's street signage.
Commissioner Viele noted that the Town Council will ultimately set the street lighting policy and
recommended deferring to the Staff's and consultant's professional recommendations.
Commissioner Kurz recommended only installing the minimum lighting necessary to address
safety concerns while having the least amount of impact on the Town's character.
Page 2
The majority of the Commissioners recommended using high pressure sodium lights rather than
LEDs lights, based upon concerns of maintaining Vail's character.
5 minutes
2. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to October 12, 2009
MOTION: Kjesbo SECOND: Lindall VOTE: 7-0-0
5 minutes
3. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to October 12, 2009
MOTION: Kjesbo SECOND: Lindall VOTE: 7-0-0
5 minutes
4. A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090022)
Applicant: Christopher Galvin, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Withdrawn
5. Approval of September 14, 2009 minutes
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
6. Information Update
Warren Campbell provided the Commission members with the paper work and instructions for
obtaining their 2009/2010 Epic Ski Pass.
The Commissioners directed Staff to look into restricting PEC meetings to one meeting per
month or doing more to schedule Town applications more strategically so that a meeting would
not have to be held for a single item.
7. Adjournment
MOTION: Kurz SECOND: Tjossem VOTE: 7-0-0
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited
to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Please call (970) 479-2138 for additional
information.
Page 3
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 September 25, 2009, in the Vail Daily.
Page 4
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