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HomeMy WebLinkAbout1978-50 Amending Title 18 of the Vail Municipal Code Relating to Zoning; Eliminating Building Bulk and Open Space Sections; Amending Various Requirements as to Setbacks and Heights~'' `` __ .3~ ~ S . ~ ~ 1 r ~ \ r. ORDINANCE NO . `~ n Series of 1978 AN ORDINANCE AMENDING TITLE 18 OF THE VAIL P.IUNICIPAL CODE RELATING TO ZONING; ELIMINATING BUILDING BULK AND OPEN SPACE SECTIONS; AMENDING VARIOUS REQUIRE- _ &~IENTS AS TO SETBACKS AND HEIGHT; AMENDING CONDITIONAL USES AND PERMITTED USES IN CCI; ELIMINATING SPECIAL DEVELOPMENT DISTRICT; PROVIDING FOR A SPECIAL DEVELOP- MENT DISTRICT AUTHORIZATION PROCEDURE; AMENDING THE PARKING AND LOADING ZONE REQUIREP~4ENTS; PROVIDING FOR NEtiY PROCEDURES RELATING TO PARKING VARIANCES; PRO- VIDING FOR ADMINISTRATIVE REVIEW BY THE ZONING ADPrIINISTRATOR OF SOME DESIGN REVIEW BOARD MATTERS; ELIP,4INATING THE SIGN REVIEW BOARD; REQUIRING PUBLIC NOTICES BE SENT CERTIFIED RETURN RECEIPT REQUESTED; ELIP,4INATING THE PUBLIC NOTICE SECTION RELATED TO APPEALS OF THE PLANNING & ENVIRONMENTAL COMMISSION DECISIONS; AMENDING THE AMENDMENT PROCEDURE; AP~IENDING DENSITY CONTROL SECTIONS RELATED TO BUILDABLE SITE AREA; PROVIDING FOR AN ADDITION TO THE PERMITTED USE SECTION IN HDMF; CLARIFYING THE PER?'~1ITTED USE SECTION OF TITLE 18; PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF TITLE 18; SETTING FORTH DETAILS IN RELATION TO THE FOREGOING; AND PROVIDING A SEVERABILITY CLAUSE. jUHEREAS, the Zoning Ordinance of the Town of Vail needs to be amended to provide for proper land development a~~d use; and, WHEREAS, the Planning and Environmental Commission has considered and studied the amendments proposed and the recommendations of the staff of the Town of Vail and recommended the same to the Town Council; and, WHEREAS, the Town Council is of the opinion that said amendments are necessary for the protection of the public health, safety and welfare; NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado that: •R ''' •• ~~ if nrd. No: 50 Page 2 Section ~.. Sections 18.10.100, 18.12.100, 18.13.100, 18.14.100, 13.1,6.100, 18.18,100, 18.20,100, 18.22.100, 18.24.140, 18.26.110, 18.28.110, 18.30.1.00, 18.32.100, 18,36.050(F}, 18.42.130, 18.44.0$0(B), I8.48.080(F}, 18.50.140, and 18.5 L 080(f} BUILDING BULK and; Sections 18.10.120, 18.12.120, 18.13.120, 18.14.120, 18.16.120, 18.18.120, 18.20.120, 18.22.120, 18.24.160, 18.26.130, 18.28.130, 18.30.130, 18.32,130, 18.42.150, 18.4G.150, 15,50.1G0, and 18.51.080(H} OPEN SPACE are repealed. Section 2. Sections 18.10.060, 18.12.060, 18.13.060, 18.14.060, 18.16.060, 18.15.060,:18.20,060, 18.22.060, 18.26.070, 18,28.070, 18.30.060, and 18.32.060 SETBACKS are repealed and reenacted to read as follows: 18.10.060 SETBACKS (Single-Family Residential} - The minimum fx'ont setback shall be twenty (20} feet, the minimum side setback shall be fifteen (15) feet, the minimum rear setback shall be fifteen (15) feet. 18.12.060 SETBI~CKS (Two_Family Residential) - The minimum front setback shall be twenty (20) feet, the mini- mum side setback shall be fifteen (15) feet, the minimum rear setback shall be fifteen (15) feet, 18.13.060 SETBAC?~S (Two-Family Primary/Secondary Residential) - The minimum front setback shall be twenty {20) feet, the minimum side setback shall be fifteen (15} feet, the minimum rear setback shall be fifteen (15) feet. 18.14.060 SETBACKS (Residential Cluster} - The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, the minimum rear setback shall be fifteen (15) feet. 18.16.060 SETBACKS (Low Density multi-Family) - The minimum front setback shall be twenty (20) feet, the mini-~ mum side setback shall be twenty (20) feet, the minimum rear setback shall be twenty {20) feet. 15.18.060 SETBACKS {Medium Density r.'Iulti-Family) -- The mini- mum front setback shall be twenty (20} feet, the minimum side setback shall be twenty (20} feet, the minimum rear setback shall be twenty (20} feet. 18.24.060 SETBACKS (High Density i~~~ulti-Family) - The minimum front setback shall be twenty (20) feet, the minimum side setback shall be twenty (20) feet, the minimum rear setback shall be twenty {20) feet. 15.22.060 SETBACKS {Public Accommodation) - The minimum front setback shall be twenty {20) feet, the minimum side setback shall be twenty (20} feet, the minimum rear setback shall be twenty (20) feet. 18,26.070 SETBACKS (Commercial Core II) - The minimum front setback shall be ten~(10) feet, the minimum side setback shall be ten (IO) feet, • ~ the minimum rear~tback shall be ten (10) ~' ,5 ' feet. 18.28.070 SETBACKS {Commercial Service Center) - The minimum front setback shall be twenty (20} feet, the minimum side setback shall be twenty (20) feet, the minimum rear setback shall be twenty (20) feet. 18.30.060 SETBACKS ( Heavy Service) - The minimum front setback shall be twenty (20) feet, the minimum side setback shall be twenty (20) feet, the minimum rear setback shall be twenty (20) feet. 18.32.060 SETBACKS (Agricultural and Open Space) - The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15} feet, the minimum rear setback shall be fifteen (15} feet. Section 3. Sections 18.10.080 and 15.12.080 HEIGHT are repealed and reenacted to read as follows and a new Section, Section 18.13.070 HEIGHT is added to read as follows: 18.10.080 HEIGHT (Single--Family Residential} - The maxi- mum height of buildings shall be thirty (30) feet. 18.12.080 HEIGHT (Two-Family Residential) - The maximum height of buildings shall be thirty (30) feet. 18.13.075 HEIGHT (Two-Family Primary/Secondary Residential)- The maximum height of buildings shall be thirty {30) feet. Section 4. Section 18.24.030(B) (1} is hereby amended to include the following: 18.24.030 (B) {1) Retail. stores and establishments, including the following: Ticket and Travel. Agencies Luggage Stores Section 5. Section 18.24.030 C PERMITTED AND CONDITIONAL USES (Commercial Core I) First Floor or Street Level is repeated and reenacted to read as follows: 18.24.030 C PERMITTED AND CONDITIONAL USES (Commercial Core I) -- The following uses shall be permitted on the first floor or street level floor within a structure subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter 18.60 I. Liquor Stores 2. Banks 3. Household appliance stores 4. Radio and TV stores Section 6. Section 18.24.085 CONDITIONAL USES - EXPANSIONS (Commercial Core I) is renumbered to Section 18.24.065. Section 7. Section 18.26.030 PERMITTED USES (Commercial Core II} - is repealed and reenacted as follows: 18.26.030 PERMITTED AND CONDITIONAL USES (Commercial Core II) - Permitted and Conditional Uses for specific floors shall be the same as those permitted in Commericial Core I District as prescribed by Sections 18.24.020 through 18.24.050. Retail stores and establish- ments shall not occupy more than eight thousand (8000) square feet of floor area. Ord. ~o . 5 ~ Page '~, Section S, Section 18.26.040 CONDITIONAL USES (Coznrnerci~.l ~~ Care II) - is renamed CONDITIONAL USES - GENERALLY. . Section 9. Chapter 1$.40 "SPECIAL DEVELOPMENT DISTRICT I" is repealed and new Chapter "SPECIAL DEVELOPMENT DISTRICTS" is hereby adopted to read as follows: 1$.40.010 PURPOSE The purpose of the Special Development District is to encourage flexibility in the development of land in oxder to promote its most appropriate use; to improve the design, character, and quality of new development; to facilitate the adequate and economical provision of streets and utilities; and to preserve the natural and scenic features of open areas. 18.40.020 SCOPE Applications for Special Development District designation may be made for land located in any zoning district. 18.40.030 APPLICATION An application for approval of a Special Development District may be filed by a person having an interest in the property to be included in the Special Development District. The application will be made on the form provided by the Town and must include: 1. A legal description of the property, the amount of acreage of the property, and consent by the owners of alI property to be included in the Special Development District. The application must be accompanied by a Development Plan, further described in Sections 18.40.050, and a list of all ad- joining property owners. 18.40.040 DEVELOPMENT PLAN -- APPROVAL PROCEDURES A.) Before the developer commences site preparation, building construction, or other improvement of open space, there shall be an Approved Development Plan for said district. B.) The Proposed Development Plan in accordance with Section 18.40.050 shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning & Environmental Commission, which sha11 consider the plan at a regularly scheduled meeting. A report of the Planning & Environmental Commission stating its findings and recom- mendations shall be transmitted to the Town Council for approval in accordance with the applicable provisions of Section 18.66.060 of the Municipal Code. The tame deadlines far the approval of the Special Development District sha11 be those used in the Amendment proceedings found in Sections 18.66.130 - 18.66.160. C.) The Approved Development Plan shall be used as the principal guide for all development within the Special Development District. D.) Amendments to the Approved Development Plan which do not change its substance may be approved by the Planning & Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Qxd;: No . ~ ~ pa~: t E.) Each phase of the Approved Development Plan shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal Code prior to the commencement of site preparation. 1$.40.050 DEVELOPMENT PLAN CONTENTS -- The Proposed Development Plan shall include, but is not limited to the following data: A.) An Environmental Impact Report shall be submitted to the Zoning Administrator in accordance with Chapter 1$.56 hereof unless waived by Section 18.56.030 EXEMPT PROJECTS. B.) An open space and recreational plan sufficient to meet the demands generated by the develop- ment without undue burden on available or proposed public facilities. C.} Existing and proposed contours after grading and site development having contour inter- vals of not more than five (5} feet if the average slope of the site is 20 percent or Tess, or with contour intervals of not more than ten (10) feet if the average slope of the site ~.s greater than 20 percent. D.) A proposed site plan, at a scale not smaller than 1 inch ~ 50 feet, shaving the approxi- mate locations and dimensions of all buildings and structures, uses therein, and all princi- pal site development features, such as lan d- scaped areas, recreational facilities, ped- estrian plazas and walkways, service entries, driveways, and off-street parking and loading areas. E.) A preliminary landscape plan, at a scale not smaller than 1 inch = 50 feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. F.) Preliminary building elevations, sections, and floor plans, at a scale not smaller than l/$ inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. 15.40.060 PERMITTED USES, CONDITIONAL USES AND ACCESSORY USES. The uses in a Special Development District must be uses "permitted by right", conditional uses or accessory uses in the zone district in which the Special Development District is located. In addition, commercial uses may be permitted in residential Special Development Districts if in the opinion of the Planning & Environmental Commission, such uses are primarily far the service and convenience of the residents of the Development and the im- mediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the Special Development District. The amount of area and type of such uses, if any, to be allowed in a residential Special Development District shall be established by the Plannihng & Environmental Commission as part of the Develop- ment plan, • • ~• Ord: ~No. .. ~ Pa~~ 6 Accessory uses are to be based on the Permitted and Conditional Uses and can be individually determined for each Special Development District subject to the approval, of the Planning & Environmental Commission. 18.40.070 DEVELOPMENT STANDARDS - Development Standards including lot area, site dimensions, setbacks, distance between buildings, height, density control, site coverage, landscaping, and parking shall be determined by the Planning & Environmental Commission and approved by the Town Council as part of the Approved Development Plan. 18.40.080 DESIGN STANDARDS - The development plan for the Special Development District shall meet each of the following standards or demonstrate that either one or more of them is not applicable, or that a practical solution consistent with the public interest, has been achieved. 1. A buffer zone shall be provided in any Special Development District that is adja- cent to a low-density residential use district. The buffer zone must be kept free of buildings, or structures, and must be landscaped, screened, or protected by natural. features, so that ad- verse effects on the surrounding areas are minimized. This may require a buffer zone of sufficient size to adequately separate the proposed use from the surrounding proper- ties in terms of visual privacy, noise, adequate light and air, air pollution, signage and other comparable potentially incompatible factors. 2. A circulation system designed for the type of traffic generated taking into consideration safety, separation from living areas, convenience, access, noise and exhaust control. Private internal streets may be permitted if they can be used by police and fire department vehicles for emergency purposes. Bicycle traffic shall be considered and provided when the site is to be used for residential purposes. 3. Functional open space in terms of: Optimum preservation of natural features (including trees and drainage areas), recreation, views, convenience, and function. 4. Variety in terms of; housing type, densities, facilities and open space. ~. Privacy in terms of the needs of: individuals, families, and neighbors. 6. Pedestrian traffic in terms of: safety, separation, convenience,. access to points of destination and attractiveness. 7. Building type in terms of: appropriateness to density, site relationship and bulk. 8. Building design in terms of: orientation, spacing, materials, color and texture, storage, signs, lighting and solar blockage. 9. Landscaping of the total site in terms of: purposes, types, maintenance, suitability, and effect on the neighborhood. Ord. N~0 ,f P ~:. 18.40.090 RECREATIQN AMENITIES TAX A Recreation Amenities Tax shall be assessed. on each Special Development District in accordance with Chapter 3.36 of the Vail Municipal Code at a rate to be determined by the Plann~.rzg & Environmental Commission. `Phis rate shah be based on the rate of the previous zone district and/or the rate which most closely resembles the density planned for the district. 18.40.100 TIME REQUIREMENTS The applicant must begin construction of the Special Development District within eighteen (18} months from the time of its final approval and continue diligently toward the completion of the project. If the Special Development District is to be developed in stages, the applicant must begin construction of each stage within eighteen {18) months of the completion of the previous stage. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the tame limits imposed by the preceding section, the Planning & Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, ox that the Special Development District be amended. 18.40.110 FEES The Town Council shall establish a fee schedule for Special Development District applicati.ox~s to cover the cost of processing and review. 18.40.120 EXISTING SPECIAL DEVELOPMENT DISTRICTS Nothing herein shall be construed to limit, replace, or diminish the requirements, responsibilities, and specifications of Special Development Districts 2 through $. The Town Council speci- fically finds that said Special Development Districts 2 through 8 shall continue in full. force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town of Vail. These districts if not commenced at the present time, shall comply with Section 18.40.100 TIME REQUIREMENTS. Section l0. Sections 18.52.110 SCHEDULE APPLICABILITY and 18.52.140 LOADING SCHEDULE APPLICABILITY are repealed and reenacted to read as follows: 18.52.110 PARKING SCHEDULE APPLICABILITY Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number. 18.52.140 LOADING SCHEDULE APPLICABILITY Where fractional requirements result from application of the schedule, the fraction sha11 be raised to the next whole number. Section 11. A new Section, Section 18.52.170 VARIANCES is added to read as follows: X8.52.170 VARIANCES Any Parking Variance which is granted by Chapter 18.62 of the Vail Municipal Code shall be required to contribute into the Town of Vail Parking Fund as set forth in Section 18.52.164{2) EXEMPT TON'S . " ~ . ~ , ' ~• ~~Ord. No. 50 ~ Page 8 Section 12. Section 18.54.060 BOARD PROCEDURE, Subparagraph "A" is repealed and reenacted to read as follows: 18.54.060 BOARD PROCEDURE A.) The Zoning Administrator shall check all material which shall be submitted for design review for compliance with Section 18,54.050. The Zoning Administrator may require any additional items as may be neces- sary for complete and proper design review. The Zoning Administrator may approve any of the following applications: 1. Any application to review a modification to an existing building that does not change the existing planes of the building and are consistent with the architectural design, materials and colors of the building, in- cluding, but not limited to, windows, sky- lights, siding, and other similar modifi-- cations. 2. An application for review of an addition to an existing building that is consistent with the architectural design, materials and colors of the building; and either a.} is not viewed from any other lot or public space; b.}for which letters from all adjoining property owners approving the addition have been submitted with the application; c.) approval has been received by an agent for, or a manager of a Condominium Association. 3. The application for review of any building or addition that is consistent with a master plan which has been previously approved by the Design Review Board and the Town Council as a phased development. Tn the above specified cases, the Zoning Administrator may review and approve the application or may refer any application to the Design Review Board for decision. A11 other applications sha11 be referred to the Design Review Board with the material, sub- mitted with the application, at its next meeting. Section 13. A new Section 18.54.085 is hereby adopted to read as follows: 18.54.085 ADMINISTRATIVE POLICIES A.) A decision that may be made by the Zoning Administrator shall be made within ten (10} " days of reception of a complete application "` and the supporting materials. If a decision is not made within ten (10) days.of reception of the complete application and materials, the application shall be deemed approved. The Zoning Administrator shall transmit to the Design Review Berard a summary of all decisions made by him at the next meeting of the Design Review Board. . O~,t~.. Na. • ~ Page 9 ~. ~ ~ f B.} A decision of the Zoning Administrator may be appealed to the Design Review Board by the applicant, any aggrieved party, the Town Manager, or at the request of the Design Review Board at any time before the decision becomes final. C.) The decision of the Zoning Administrator shall become final if no written appeal. is made to the Design Review Board within seven (7) days of the Design Review Board's receipt of the summary of the decision from the Zoning Administrator. D.) The Design Review Board shall consider the appeal in the same manner as the Board considers all other applications coming before it. Section 14. Section 18.54.020 BOARD - ORGANIZATION - POWERS AND DUTIES is repealed and reenacted to read as follows: 1.8.54.020 BOARD - ORGANIZATION - POWERS AND DUTIES A.) Pursuant to the Charter of the Town, Section $.6, there is established a Design Review Board of the Town, a board composed of five members appointed by the Town Council, to which is delegated the powers and duties to administer Chapter 18.54 of this title. C~t~ : No . • ~~ Page 1 ~~ B.) The Design Review Board shat.]. consist of four members from the community at large and the fifth member shall be a member of the Planning & Environmental. Commission of the town. The terms of office for the four members at large shall be two years on an overlappa.ng basis and the term of office for the Planning & Environmental Commission member shall be three rmonths; provided, however, thaf. of the four members at large initially appointed, two members shall serve for terms of two years and two members shat.l serve for terms of one year, and after the expiration of the .initial terms, each member subsequently appointed shall serve for a term of two years. C.) A vacancy on the Design Review Board shall occur whenever a member of the board is removed by the Town Council, dies, becomes incapacitated and unable to perform his duties for a period of ninety (90) days, resigns, ceases to be a resident of the community at large, or is convicted of a felony. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. All members of the board shall serve without compensation. The board shall select its own chairman and vice-chairman from among its members. The chairman or, in his absence the vice-chairman shall be the presiding officer of its meetings. In the absence of both the chairman and the vice-chairman from a meeting, the members present shall appoint a member to serve as acting chairman at the meeting. All business of the board shall be conducted at meetings that are open to the public. All meetings shall be held at the municipal building of the Town of Vail, unless otherwise specified with adequate notice given to all interested parties. Three members shall consti- tute a quorum for the transaction of business, but in tho absence of a quorum, a lesser number shall adjourn any meeting to a later time or date, and in the absence of all members, any staff member shall adjourn any meeting to a later time ox date. D,} The board shall operate in accordance with its own rules of procedures as provided for in Section S.6 of the Home Rulo Charter. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection; provided, however, that the board shall submit its pro- posed rules or any amendment thereto to the Town Council which by Motion shall approve the rules or amendment and direct their adoption by the board or disapprove the proposal with directions for revision and resubmission. E.) The Town Manager or his designated representa- tive is authorized to retain the services of one or more consulting architects, landscape architects, or urban designers, who need not be licensed to practice in the state, to advise and assist the board in performing the design review functions prescribed in this Chapter. The consultants may be retained to advise the board on a single project, on a number of projects, or on a continuing basis. ..,. ~ ~~ . •Ord. No. 50 Page 11 It is the intent of this Section that the board wT.l1 review relatively small-scale projects, such as individual single--family residences, duplexes, accessory structure, and minor additions to oxisting structures, without the assistance of consultants, and that consultants will be retained to advise and assist the board in reviewing relatively large-scale projects, such as groups of~single- family residences or duplexes, individual multiple dwellings, lodges, semi-public facilities of all types, and commercial, industrial and utilities developments. F.) The Design Review Board shall meet upon call of the chairman. Meetings shall be called sufficiently frequently that the Design Review procedure prescribed in this Chapter shall commence within thirty (30} days of submission of material required by Section 18.54.050. Section 15. Sections 18.6Q.020 (G) APPLTCATION - CONTENTS 18.62.020 (F) APPLICATION - INFORMATION REQUIRED and 18.66.080 (A)and {B) HEARING - NOTICE axe amended to require that Notice to property owners be mailed Certified Return Receipt Requested. Section 16. Section 18.66.080 (B) is hereby repealed. Section 17. Section 15.66.150 AMENDMENT - HEARING BY TOWN COUNCIL is repealed and reenacted to read as follows: 18.66.150 AMENDMENT - HEARING BY TOWN COUNCIL Upon receipt of the report and recommendations of the Planning & Environmental Commission, the Town Council shall set a date for hearing in accordance with Section 18.66.070. Section 18. Sections 18.14.090, 18.16.090 and 18.18.090 DENSITY are repealed and reenacted to read as follows: 18.14.090 DENSITY CONTROL (Residential Cluster) - Not more than twenty-five (25) square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. 18.16.090 DENSITY CONTROL (Low Density Multi-Family) - Not more than thirty (30) square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed nine (9) dwelling units per acre of buildable site area. 18.18.090 DENSITY CONTROL (Medium Density Multi-Family) -- Not more than thirty-five (35) square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. EXEh4PT PROJECTS All projects that have received fa.nal 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 afte~^ the completion of the previous stage. r r Os d No . 50 Page 12 Section 19. Sections 18.20.090, 18.22.090, 18.24.130, 18.26.100, and 18.28.100 DENSITY CONTROL are amended to include the words "of buildable site area". after the word "acre" in• the last sentence of each Section. Section 20, Section 18.20.020 PERI:4ITTED USES is amended to include the following: 18.20.020 PERlIIITTED USES The following uses shall be permitted in the HDP~IF Distxict: C.) A~Iulti-Family Residential Dwellings, including attached or row dwellings and condominium dwellings. Section 21. A new Section, Section 15.06.020 PERA4ITTED USES is added to read as follows: 18.06.020 PERAfIITTED USES A.) The listing of any use as being a permitted use in any particular district shall be deemed an exclusion of such use from any other district unless expressly permitted as a permitted use, conditional use or accessory use. B.} 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 18.66.040. Section 22. A new Section, Section 18.66.025 VIOLATIONS - PENALTIES is added to~read as follows: 18.66.025 VIOLATIONS - PENALTIES A.} In case any building or structure is erected, structurally altered, extended, moved, or maintained, or any building, structure, or land is used in violation of this Title 18, any person may file a written complaint in the Town of Vail 14lunicipal Court alleging said violation. The filing of a complaint to the Pdunicipal Court shall be an additional remedy and shall not preclude the imposition of any other civil or administrative action or sanction. B.) The owner or general agent of a building or premises where a violation of any provisions of this Title 18 has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or ,any other person who commits, takes part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable either by fine of not less than twenty ($20} dollars, and not more than three hundred ($300) dollars or .Ord.~No. 50 Page 13 not more than ninety (~0) days jai]. sentence, or both, for each and every day, that such violation continued. the correction of a violation shall not restrain imposition of these penalties. Each day such violation continues shall constitute a separate violation. Section 23. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall. not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, sub- section, sentence, clause or phrase hereof regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 24. The repeal or the repeal and reenactment of any provision of Title 18 of the Vail Municipal Code by this ordinance shat.]. not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, or any other section or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. It is the express intention of the Town Council that all matters presently before the Planning & Environmental Commission shall not be interrupted and shall proceed as scheduled or directed. Any duty, condition, or requirement imposed by the Planning & Environmental Commission or the Town Council prior to the effective date of this ordinance shall not be set aside, abrogated, or in any way invali- dated by the adoption of this ordinance. The repeal of any pro- vision hereby shall not revive any provision or any ordinance pre- viously repealed or superseded unless expressly stated herein. Section 25. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. ' ~ ~ ~ `• t i Ord No. 50 Page 34 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19 day of December 1978, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the ~ 6 day of January 1.978 , at 7 : 30 P , M . zn the Munica.pal Building of the Town. P~IAYOR ATTEST f ~~ TOI9N CLERK IiVTRODUCED, READ OhJ SECOND READii~[G, APPROVED Ai~i7 ORDERED PUBLIShiED BY TITLE OPJLY THIS 76 day oi; January, ]979. (attest) MAYOR Town Clerk • :~- -C n y~ N ~U ~ t ~ C ss ~ ~ .. I. po ~ N ~ n 0 Q ° Q q. O 3 O f« lp q~-,. (D Q o ° q Q E ` (7 fl ~ o O V^ (D ! • 7 ~ p ~ ~ 3 p~O~p='~~QZ33 {~ -~-3 ~ frail ~_ ~ C fmll ~ Q, Q 3 ° ° ~ D Q ~~] /O~ .(p 4 ~, -w ~ Q ~ O ~ ~ ~ _~--~rO t~D <c Q ~ m 0 ~ q. (U y ~ ~ n~~.a~ro7,{~~ O O ~ a q C 0 D~~aj~~~~ ~. ~ ~ R ~ O ~~~q~x.~~~ ~; Q m p ro 4 Q o ~ o~q~Q3m°~-~ d ~ .~.~~ q. 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En'~.om n~ mm~.~m°~3 m?m`~om jai L a'a ~ wv ] _ n N- o- ~p;Nti, mm»^ X m a M3 cmmE3 3om= £' ]3c Sinn mcnnD ~ myo `'jo ~~c~-. a.g me.asp-., m cb mj;am ama rocmn~trwm° ~m=mSo~daom..a - °3~s ^~~,c~ :-m `.' 3~a~°Cam ~!?m'°°%sm':a 3mm-~Z ]mo~- v]i `-~~ao o anrommm5'- °i~N^a» o' n. mm^- a~ mm,.m... o~< om ~n..m a-mmam I u~^•ca~c]~[ - m-.aa3m~N] aN~o.. !'m. ~n.,rq.. nm.'^m=_mm m°omcm ~~~ • ~ • 3. FunctioeservePon. pacnaturalfaf stores Optimum P (including bees and drainage areas). re 4. Variety inetesms ofY hous'mgBYperdanta~ as. facilities and open space. indindualscfamilies and neighbora,naeds o1: 6. Pedestrian 1salfic in terms oF: safely separation, convenience. access to points of desGnehon and attractiveness, ro riafenoss 7. Building typo in terms q1: aAP P to density, sae relationship and bulk. 8. Building design in terms of. anenlabon, s gnsn99htlngrand irotarrblockagaure, stora9°~ 9. LandscaRtn9 of the total site in terms ot~ . purposes, types, maintenance, suitability, and etiect on the neighborhood. 16.49.090 RECREATION AMENITIES TAX - A Recreation AmenH'ses Tax sha4i be assessed on each Spacial Development District in accordance- with Chapter 3.36 of the Vaii Municipal Code at a rate to be deformined 6y the Pienning end Environmental Commission, This rate shall be based on the rate of the previous zone district antllor the rata Which most closely reaemhles the density planned for the district. - 18.40.100 TIME REQUiRE1vlENTS The applicant must begin construction of Iho Special Development Distract within eighteen (18y months from the lime o1 its final approve! and continue ditigentty towards the Completion of the prdjecl. II the Special DevelopmenF Dia[riU Is m ba developed in stages, the applicant must begin construction of each stage within eighleen {18) moriths~ of the completion pf Ihe revipus stage. H Iho app]Icent does not begin and dHigently work tawarde the completion o1 the Special Development Distrtct or any stage o! the 'Special Development District within the time limits imposed by the preceding section, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Tnwn Council that either the approval of the Special Davolopmenl 'pistrict ce extended, that she approval of the Special Development district be revoked, or the! the Special Development District be amended. 18.40.f20 E%ISTING SPECIAL DEVELOP- MENT DISTRICTS -Nothing herein shah be construed to limit, replace, or diminish the requirements, responsibilities, and specilfeations of Spocial Development Oisbicls 2 through B. The Town CouncH specifically finds that said Special Development Districts 2 through 8 shall continue in hill force and etlect. and the terms. cogditions. and agreements contained therein shall continue to be binding Va~nThesepolstn Its ifhnot commencedvalnlhe ~~ present time, shah comply with Sect{an 16.40.100 TIME REQUIREMENTS. SEC710N' 10. Sections 18.52, 1 tp SCHEDULIS APpLICA8ILITY and iB,52.t4p LOADING SCHEDULE APPLICABILITY are repealed and reenacted to read as foflows~, 18.52.110 PARKING SCHEDULE ApPLI- CABILITY - Where iracuonal requirements result from application of Ihe schedule, Ihe fraction ehalF he raised to the next whole number- 18.52,t40 LpgpING SCHEDULE APRL.I resi6tL from a Where iractlanal regwremenls Pphcetian pf the schedule, the Iracuon shall be raised Ip the next whole Hamper SECTION 11, A new Section, Section 1B 52170 VARIANCES is added fo read as tpilOWS: 18.52.17q VARIANCES - Any Perking venerate which is granted by Chapter 18 82 0l the Vatl Municipal Codo shaiF ba requimd to contribute into the Town of Vail Parking Fund as set forth in Section 78.52.160 f21 E%EMA7tON5, rr:now ~z s..euor+ to sq.060 BOA and reenacted ;subperegraph "A" is to yea RD 18.54.080 8O d as follows repealed ARD PROCEDURE nrarerrale Zoning Administrator shelf check ail 7ne Ion n ~mPS Onrce yeyifh bmitfud for desrgn addition ~ Aominislratvr meativn 1854.054 Zonintapd a~ d Pros m has ~nnecassa Y for failowa g aPARCahpn~maY approve any at Ihe• i T. Anyappjicafion anexislingbuifdiq toreviewamodificetionla existing planes g that does not than consistent of the build+n ge the With the archiiecfurgt and are design, buttnolllimited~ovrs of the building, includln end other si windows, skylights, siding 2 Ana miler motlllicalions, an exiatiq pfication far review o' an adtlilion fo architectu aldesin9 that is consistent budding; and 9n•matariarsandcoleredh Ihe al is not viewedefrom of Ihe space; any other tot or b) for which letters Pubric Proporty owners a tram alt ad' been submitted wiihphe iB 9 the addifionoining cl approval has been racesved boon; have or a manager of a Condominlurnyq n agent for, 3, The aPPhcalion for review saocietion, or adtlilion that is consisreM of any buildrng vhvfntslch has -bean previous[ with a master plan a phased tlevpro onto aria inei own Couby rte" Jn the abovepmen[, stiles Administrator mapecified cases, the application or may feWgyy and Zoning beaten Roviaw By refer an pbcaHOnvo the applications sharroard for ecis+on. Ali other Rovlaw R~rd a referred to the the applicationWal 15 neeltmeeljn9 mittede$jgn wrth har3i'by std pled A ad as r'cfion 18,54.085 is to ra fonows: f8.54.p86 gpMINISTAATIVE POLICI7=S A m n shalo~ shell 6e be made by the Zoning days of reception rnado within the supporfin of a°OmPleteappticaUonand! made within g materials, If a tleasion is not cemplete a tan, (tOJ days of reception o1 the application AphcaFlo dee rail materials, the Zonis shall be Desi 9 Adminfstiator ahaledtra~smited The gn Review Board a summary of toff decisions made by him at the next the Design Review Board. • B. A decision meeting of b aY be aPpealetlata the pesjng Adminlahalor Ma~~eaPPticant,anyaggrievedn Raviaw Board gar ar ai the request of the ~ nY. the Town Board at any time before Chi; tlecisio becomes final. C. The decision of the Zoning Adminfatramr shall become final ii no written appeal is made to tfie Design Review Beard within seven f7] days of ilia Design Reviow Board's raceipk of the~ummary of the decision from the Zoning Administrator. D, The Design Raviaw Board shell consider the appeal in the same manner as the Board Considers all other applications coming before it. SECTION 14. Section 18.54.020 BOARD - ORGANIZATION -POWERS ANC) DUTIES is repealed and reenacted to read as follows: 18.54.020 BOARD -ORGANIZATION -- POWERS AND DUTIES A. Pursuant to the Charley of the Town Section 6.6, (hare is established a Design Review Board of the Town, a board composed of five members appointed by the Town Council, to which is tleiegated the powers and duties to administer Chapter 18,54-of this tike, R. The Design Review Board shall consist of lour members from the community at large and the 4flh member shall be a member qt Ihe Planning and Environmental Commission of the town. Tha Terms of office }or the four membors at large shall be two years on an overlapping basis and the term of office for the planning and EnvYrgnmontal Commission Il`I member shall ba six months; provided, however, that of the lour membors at largo initially «ppointed, two members shaft serve for terms of two Years and two members shall serve for terms of one year, and offer the expiration of i the initial farms, each member subsequently appointed shall serve for a term o! Iwo years. C. A vacancy on the Design Review Board shag occur whenever a member of the board is removed by Iho Town Council dies, badpmes inoapacitaletl and unable to perform his duties •in{i vl ninptu (Op) .tpyp pRiON~. cq AFgS i o be a resident of the community al large, ar is ' convicted of a felony.Jn ;he event a vacancy occurs, the Town Council shell appoint a successor to fill iho vacancy and serve the remainder of the term oflheformer member. Au membors of iho board shall serve without compensation. The board shall select its own chairman and vice-chairman from among its members. Thp chairman or, in his absonce the vice-chairman shall be the presiding officer of its meetings In Ihe absence of Both the chairman and the vice-chairmen from a meeting, the members present shall appoint a member to serve as act#ng chairman at the meeting, All business of Iho board shall bt• conducted al mantises that ors open to Chu public. All meetings shall be held a[ the Municipal Building of the Town of Vail, unless otherwise specified with adequate notice given Iq all inlerosled parses Throe memners shoo constitute a quorum for Ihe transaction of business, but in the absonce of a quorum, a lessor number shall adjourn any meeting to a later Time or dale, and ~in the absence of all membors, any staff member shall adjourn any maahng io a later Iimepr date. ^. The 4oard shall operate in accordance with its own rules of procedures as provided for In Section O.G of the Homo Rule Charter The rules shall be Tiled with iho Town Clerk and maintained in the records of the Town and shoe be subject to public inspection; provided. however, that the board shall submit its proposed rules or any amendment thereto to the Town Council which by motion shall approve the rules or amendment and direct their adoption by the board or disapprove the proposal with directions for revision and resubmission. E, The Town Manager yr his deaignaled representative is authorized to. retain the services of ono or more consulting archilecls, landscape architects, ar urban designers. who need rant be licensed to practice in the state. to advise and flssist'Ihe board In performing the design review functions preacriped in shin 'Chapter, The coneultanta may be retained to adYl9B the board on a single prajecs, on a number of projects, or on a continuing basis. If is the intent a1 [his Sactian that the board will review relatively small-scale projects, such as individual single-family residences, duplexes accessory structures, and minor additions li> existing structures, without the assistance of consultants, end that consultants will be retained to advise and assist Iho 4oard in reviewing relatively large-scale protects, sac+i as groups of aingiq-family residences n: duplexes, individual multiple dwellings, lodge semi-public leeifitiea' of ail types, and commercial, Industrial and utilities .dBVelAOlTaOta_. i F. The Design Review Board shall meet upon i pall of the chairman. Meehnga shall be celled i auflicienlly frequently Ihe! the Dasigri Review procedure ,prescribed in this Chapter shall commence within thirty [30) days of submission of material required by Section f 8.54.450. SECTION ib. Sectiana i8.6p.420 IG) APPLICATION -CONTENTS, 18.62.p24 IFJ APPLICATION -INFORMATION REQUIRED end 18.66.080 (A] and IRj HEARING - NOTICEare amended to require that Notice to property owners be mailed Certified Return Receipt Requested. SECTION1ti. Section 18.66.080 (8) is hereby repealed. SECTION 17. Sactfon~ 1t3.6B.150 AMENDMENT - HEARING BY TOWN COUNCIL is repealed and reenacted to read as !ol lows: 18.68.154 AMENDMENT -. HEARING 9Y TOWN COUNCIL •-- Upon receipt of the repot! and recommand~tions of the Planning and Environmental Commission, the TownGouncfl shall sot a date for hearing In accordance with section 18,66.Wp. , SECTION 1B. Sectiana tB.14.090, 1B.16.f19p and 18.18.090 DENSITY are repealed and reanactetl to road as follows: 18.14.090 DENSITY CONTROL {Residential Clusterp -Not more than twenty-live [25j square feat of grass residential floor area (GRFA] shall ba permitted for each 104 square feat of buildable site area. Total density shall not exceed six (B) dwelling units per acre of buildable site area. 18.16.090 DENSITY CONTROL (Low Density Multi-Femilyy - Nol more than thirty {30) square feet of gross residential floor area (GRFA] shall be permitted for oath 100 square feet pf buhdeble site area. Total donsity shaft sat rixcoed nine (9y dwell€ng units par acre of - buildable site area. 16.18.094 DENSITY CONTROL (Medium Density Multi-Family] -Nat more then thlrty- five (35J square feet of gross reaitlential floor area [GRFA} shalt be permitted for each 100 square feet of buildable site area. Total donsity shall not exceed eighleen (16J dwelling units per acre of but#tleble silo area. EXEMPT PROJECTS -All projects that have received final pastes Review Board approve! as of December 19, 1979 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 shell he commenced within one year after the completion of Iho previous stage. SECTION 19. Sections 18,20.090, 18.22.090, 18.24.130, 18,26,100, and 18.26.100 DENSITY CONTROL are emended to include the words... "ot buildable site area"...after the word "acre" in the Iasi sentence of each Section. BECTION20,Section 18.20.020 PERMITTED USES is emended to intrude the following: 16,20.020 PERMITTED USES - The following uses steal! be permitted in the HDMF Distrtct: C. Mul[I-Femlly Residential Dwellings, includingg attachotl or rnw dwellings and ciindominium dwellings. SECTION 21. A new Section, Section 18.48.020 PERMITTED USES is added to read as follows: 18.06.020 PERMITTER USES A. The listing of any use as being a permitted use in any particular district shag be deemed en exclusion of such use from any other district unless expressly permitted as a permitted use, conditional uses or accessory use. . B. The permitted uses, condition uses and accessory uses in the particular diatrlcts shall be deemed to be exclusive uses for those diatrlcts and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use Is made in eccordsnce with Section 18,66.044. SECTION 22. A now Section, Section 18.88,025 VIOLATIONS - PENALTIES is added fo read as follows: 18.fifi.025 VIOLATIONS -PENALTIES A. In case anybulldingorstructure iserected, structurally altered, extended, moved, or malntainad, or any bulltling, structure, or land i Is used in violation of this Title 18, any person may file a written complaint in the Town of Vall Municipal Court alleging said vlotatlp n. The filing pl acpmplaint fo the Municipal Court shell be an atldltlpnal remedy end shell rapt preclude the imposition o} any other civil or administrative action of sanction. 33. The owner Dr general agent of a 6uiiding or premises where a violation of any provlaions of this Ti11e 18 has been cammtttad or shall exist, or the lessee yr tenant of an entire pudding or entire premises where such general agent. lesson, or Conant of any part of the banding or premises In which such Wolatron has been committed or shag exist, or the general agent. architect, builder, contractor, or any other person who commits, takes part in, or who assists to any such violation or who maintains any building or premises in whkh any such viofalion shelf exist, shall be guilty of a misdemeanor punishable either by fine of not less than twenty [SPO.Opj dollars, and sat more than three hundred {$304.Opy dollars or sat morn than ninety (90) days fall sentence, or both, !or each and everyday, that such violation contihued. The correction of a violatlan shag not restrain imposltian o! these panaltlps. Each day ouch violation continues shall constitute a separate violation. SECTION 23. I1 arty part, section, subsection, sentenGa, clause or phrase of this ordinance is ivy any reason held to ba invalid, ouch daciaian shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby deGerea that it would have passed this ordinance, and each pert, soclion, subsection, sentence, clause or phrase hereof regardless v1 [he fact that any one or mare parts, sections, sdbsectiona, sentences, Geuses or phrases be declared invalid, SECTION 24. The repeal ar the repeal and reenactment of any pronalon of Title 18 of the Veil Municipal Code by this ordinaneeahall not affect any rlgh! which hag accrued, any duty imposed, any violation that occurred prior to the effective date hereof, orany othersection or proceedigg as commenced under or byvlMue of the provisions repealed or repealed and reenacted. h is the expressed intention of the Town Council that. all matters presently before the Pleasing and Environmental Commission shall not be Interrupted and shall proceed as echeduied or directed. Any duty, condition, or requirement imposed by the Plannng and Environmental Commission or the Town Council prior to the effective date of this ordinance shall not be set aside, abrogated, or In any way invalldatetl by the adoption of this ordinance. The repeal of any provision hereby shall not revive any provision or any ardinenca previously repealed or superseded un#ess expressly stated herein. SECTION 26. 'The Tawn Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety end welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FfRST REAdiNG, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 19th dray of December, 1978, and a public hearing on this ordinance shall.be held al the regular meeting ofthe Town Council of [he Town of Vail, Colorado, on the 2nd day of January, 1979, et 7:30 p.m. In the Municipal Building of Iho Town. TOWN OF VAIL Rodney E. Slicer Mayor ATTEST: Colleen M. Kline Town Clerk Published in The Veil Troll on December 29, 1978. 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