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~'' `` __
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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:
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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.
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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,
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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
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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 .
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~~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
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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
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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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