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Home My WebLink About1982- 5 Creating a New Chapter 18.29 of the Vail Municipal Code Providing for an Arterial Business District • AN ORDINANCE CREATING A NEW CHAPTER 18.29 OF THE VAIL MUNICIPAL CODE PROVIDING FOR AN ARTERIAL BUSINESS DISTRICT; IMPOSING SAID DISTRICT ON AN AREA DEPICTED IN EXHIBIT "A"; AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN; AND PROVIDING DETAILS THERETO. WHEREAS, the Department of Community Development and the Planning and Environmental Commission have been studying the i applicability of current zoning regulations on businesses along major arterials; and WHEREAS, it has been determined that an additional zoning district relative to businesses along arterials should be adopted; and WHEREAS, the Planning and Environmental Commission have reviewed the proposed new zoning district and have recommended its approval to the Town Council; and WHEREAS, because the character of the general area set forth in Exhibit "A" has changed to make it more appropriate for business and office uses rather than heavy service uses, the Town Council is of the opinion that it would benefit the general welfare and public interest to establish a new arterial business district and impose said district on the area set forth in Exhibit "A": NOW, THEREFORE, BE IT ORDAINED BY TI3E TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 18 "Zoning" of the Vail Municipal Code is ORDINANCE #5 (Series of 1982) amended by the addition of a new Chapter 18.29 entitled "Arterial Business District" which shall apply to the area designated in Exhibit "A" to read as follows: 18.29.010 PURPOSE The Arterial Business District is intended to provide sites for office space, public utilities, service stations, and limited shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. ~vlultiple- family dwellings for use as employee housing will be appropriate under specific circumstances. Arterial Business District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. 18.29.015 REQUIREMENTS FOR ESTABLISHMENT OF A GENERAL CIRCULATION AND ACCESS PLAN A. Prior to any Design Review Board approval for a building in the Arterial Business District or enlargement of an existing Arterial Business District by change of District boundaries, the Planning & Environmental Commission shall adopt a general circulation and access plan for the proposed District. • • t -2- B. The general circulation and access plan shall show the following information 1. Existing topography and tree cover; 2. Existing division of the area into lots or parcels; 3. Ingress and egress at each site for vehicular access as well as bicycle paths and pedestrian walkways; 4. General relationship of proposed development on the site to development on adjoining sites; 5. Such additional information as the Planning and Environmental Commission deems necessary to guide development within the proposed District. C. The general circulation and access plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with Chapter 18.54 shall substantially conform to the plan adopted by the Planning and Environmental Commission. D. The general circulation and access plan can be amended by the Planning and Environmental Commission at a public hearing. E. Before a building permit is issued on any building, design guidelines for street and parking lot lights, pavement treatment and benches, must be submitted and approved by the Community Development Department. 18.29.020 PERMITTED USES The following uses shall be permitted in the Arterial Business District: A. Professional and business offices, and studios; B. Retail stores and establishments deemed to be generally accessory and/or supportive of office uses with a limit of 8,000 square feet of floor area for one retail business use. Retail uses shall only be permitted on the first (street) level. The following retail stores and establish- ments are permitted: Art supply stores Bookstores Drug stores and pharmacies Florists Newsstands and tobacco stores Stationery stores C. Personal services and repair shops deemed to be generally accessory and/or supportive of office uses, including the following: Barbershops Beauty shops Shoe repair Tailors and dressmakers Travel and ticket agencies • • • -3- D. Eating and drinking establishments, including the following Cocktail lounges, taverns and bars Coffee shops Fountain and sandwich shops Restaurants E. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of Section 18.29.010 of this chapter. 18.29.030 CONDITIONAL USES The following conditional uses shall be permitted in the Arterial Business District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Public buildings, grounds and facilities B. Public park and recreation facilities C. Any use permitted by Section 18.29.020 which is not conducted entirely within a building. D. Service yards E. Public utility and public service uses, including screened outside storage. F. Multiple-family dwellings for the employees of the Upper Eagle Valley as further restricted by Section 18.27.130 of this Zone District. The following conditional uses are listed as such due to their potential individual and cumulative impacts of generating traffic in the Arterial Business District. These uses may be appropriate in the Arterial Business District and will receive review under the pro- visions of Chapter 18.60 with specific emphasis upon the criteria of traffic generation: G. Apparel stores H. Bakeries and confectioneries, including preparation of products for sale on the premises I. Camera stores J. Furniture stores K. Hardware stores L. Health Food stores M. Hobby stores N. Household appliance stores 0. Liquor stores P. Music and record stores Q. Yardage and dry goods stores R. Business and office services (i.e. blue print shop, copying service, etc.) S. Cleaning and laundry pickup agencies without bulk cleaning or dyeing T. Small appliance repair shops, excluding furniture repair. U. Pet shops V. Outside car wash W. Public and private health facilities X. Theatre Y. Service stations Z. Nursery and garden supply AA. Banks and Financial Institutions . • • • -4- 18.29.040 ACCESSORY USES The following accessory uses shall be permitted in the Arterial Business District: A. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. B. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. C. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Minor arcade 18.29.050 LOT AREA AND SITE DIMENSIONS The minimum lot or site shall be twenty-five thousand square feet of buildable site area, and each site shall have a minimum frontage of one hundred feet. 18.29.060 SETBACKS In the Arterial Business District, setbacks shall be as follows: Side: 15 feet where building height is less than 20 feet. 20 feet where building height is over 20 feet Rear: 10 feet There will be no setback required for underground parking. Where a setback occurs at a property line adjacent to the South Frontage Road, a maximum of 60o of the length of the setback may be kept to the minimum 15 foot distance from the property line. The remaining 40% of the length of the setback shall be 20 feet or more distant from the property line. 18.29.070 HEIGHT No more than 700 of the roof area may exceed 32' and none of the roof area may exceed 40'. Minimum slope of the roof shall be 3 feet in 12 feet. 10 percent of the roof may be flat to allow for a transition of roof lines. 18.29.080 DENSITY CONTROL Not more than 60 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 25 dwelling units per acre of buildable site area. 18.29.090 COVERAGE Not more than 60% of the total site area shall be covered by buildings. • • ~ -5- 18.29.100 FLOOR AREA RATIO Not more than .75 FAR shall be permitted on any site or lot. Up to .5 FAR will not require any covered parking. All FAR above .5 will require covered or enclosed parking equal in percentage to the FAR. FAR is calculated by dividing the total gross floor area within the enclosing walls of a structure by the total site area of the property. 18.29.110 LANDSCAPING AND SITE DEVELOPMENT At least 25 percent of the total site shall be landscaped, plus the area between the property line and the shoulder of surfaced roads. The minimum width and length of any area qualifying as landscaping shall be ten feet with a minimum area of not less than 300 square feet. 18.29.120 PARKING AND LOADING Off-street parking and loading shall be provided in accordance with Chapter 18.52. No loading area shall be located in any required front setback area. Parking will be based upon the gross floor area (as defined in Section 18.04.120) of a building for commercial and business type uses. No drives, parking or loading areas are per- mitted in the front setback except for the ingress and egress drive. 18.29.130 LOCATION OF BUSINESS ACTIVITY All permitted and conditional uses by 18.29.020 and 18.29.030 shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit. 18.29.140 RESTRICTIONS ON THE USE, SALE, LEASE OR RENT OF DWELLING UNITS IN ARTERIAL BUSINESS DISTRICT 1. Any applicant who submits an application which includes multi-unit residential dwellings in the Arterial Business District shall agree in writing as follows: (a) That no individual shall reside in any dwelling unit in the Arterial Business District unless that individual is a full-time employee in the Upper Eagle Valley. The "Upper Eagle Valley" shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon, and their surrounding area. A "full-time employee" is a person who works an average of thirty (30) hours per week; and (b) That no dwelling unit shall be separately conveyed, sold, or transferred from any multi-family residential dwelling; and (c) That he shall file a declaration of covenants and restrictions with the Eagle County Clerk and Recorder's Office, prepared by the applicant, in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions provided for herein shall run with the land. Said dellaration shall provide that the covenants and restrictions cannot be amended without the written consent of the Town of Vail. 2. Employee units proposed for sale shall be restricted by Town Council in a similar manner as the pitkin Creek Park Condominiums. The specific restmiction shall be approved by the Town Council. • • -6- Section 2. In accordance with Section 18.08.030 of the Vail Municipal Code, the zoning administrator is authorized to make the changes adopted by this ordinance on the official zoning map together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested to by the Town Clerk. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereto, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. 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. INTRODUCED, READ AND PASSED ON FIRST READING THIS ~~'L`.~~ day of ~~p~ 1982, and a public hearing shall be held on this ordinance on the ~.,,~.~ day of ~,_~,,~~~;,~_. 1982, at 7:30 p.m, in the Council Chambers of the Vai1~M nicipal Building, Vail, Colorado. Ordered published in full this /~Z.~ day of ~i~ 1982. . ~~ Rodney E. Slifer,- ~~ yo3' ATTEST: Colleen M. Kline, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ~.;~.' ~/4~!,,,;~.L,__ this /.~ day of QJ„~, ~ , 1982. ` '~ ~7 ,. Rodney E.~Slif~r, ayoh ATTEST: colleen M. 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