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HomeMy WebLinkAbout1988-21 Repealing and Reenacting Chapter 18.40 Special Development Districts of the Vail Municipal Code ~. r ~ ,^ ~~ .~, ORDINANCE N0. 21 Series of 1988 AN ORDINANCE REPEALING AND REENACTING CHAPTER 18.40 SPECIAL DEVELOPMENT DISTRICTS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO. `•~ WHEREAS, the present Special Development District ordinance of the Town of Vail was enacted in 1978; and WHEREAS, the Town Cauncii is of the belief that the health, safety and welfare of the inhabitants of the Tawn would be benefitted by an updating of the Special Development District ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Chapter 18.40 Special Development Districts of the Municipal Code of the Town of Vail, Colorado, is hereby repealed and reenacted as follows: 18.40 SPECIAL DEVELOPMENT DISTRICTS Sections: ].8.40.010 Purpose 18.40.020 Definitions 18.40.030 Application 18.40.040 Development Review Procedures 18.40.050 Submittal Requirements 18.40.060 Development Plan 18.40.070 Uses 18.40.080 Design Criteria 18.40.090 Development Standards 18.40.100 Amendment Procedures 18.40.110 Recreation Amenities Tax 18.40.120 Time Requirements 18.40.130 Fees 18.40.140 Existing Special Development Districts 18.40.010 PURPO5E The purpos e of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development within the Town; to facili tate the adequate and economical provision of streets and utilities; ` '~~y,~ I .'' ~ ~~ • ~i to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a special development district, in conjunction with a property`s., underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The elements of the development plan shall be as outlined in 18.40.060. 18.40.D20 DEFINITIONS A. Agent or Authorized Representative Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the special development district is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. B. Minor Amendment (Staff review) Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this chapter. Minor amendments may include, but not be limited to, variations of not more than 5 feet to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses7, of not mare than 5 percent of the approved square footage of retail, office, common areas and other non-residential floor area. C. Major Amendment (PEC and/or Council review) Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than minor amendments as defined in Section 18.4D.02D.B.) D. Underlying Zone District The zone district existing on the property, or imposed an the property at the time the special development district is approved. -2- ~ • s E. Affected Property Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by re-design, density increase, change in uses, ~~ ar other modifications changing the impacts, ar character of the approved special development district. 18.40.030 APPLICATTON An application for approval of a special development district may be filed by any owner of property to be included in the special development district or his {her) agent ar authorized representative. The application shall be made an a farm provided by the Community Development Department and shall include: A legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the special development district or their agents or authari~ed representatives. The application shall be accompanied by submittal requirements outlined in Section 18.40.050 and a development plan as outlined in Section 18.40.00. 18.40.040 DEVELOPMENT REVIEW PROCEDURES A. Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Prior to submittal of a formal application for a special development district, the applicant shall hold a pre-application conference with the Community Development Department. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the Town`s master plan, and the review procedure that will be followed far the application. C. The initial review of a proposed special development district shall be held by the Planning and Environmental Commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the director of the Department of Community Development, a work session may be held with the applicant, staff and the Planning and Environmental Commission to discuss the proposed special development district. A report of the Community Development Department staff's findings and -3- .' recommendations shall be made at the initial formal hearing before the Planning and Environmental Commission. A report of the Planning and Environmental Commission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Council in accordance with the applicable provisions of Section 18.66.060 of the Municipal Code. The Town Council shall consider the special development district in accordance with the provision of Sections 7.8.66.130 through 18.66.].60. 18.40.050 SUBMITTAL REQUIREMENTS The following information and materials shall be submitted with the initial application for a special development district. Certain submittal requirements may be waived or modified by the Department of Community Development if it is demonstrated that the material to be waived or modified is not applicable to the Design Criteria (Section 18.40.080), ar other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans, and a statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the special development district, to include the location of improvements, existing contour lines, natural features, existing vegetation, water courses, and perimeter property lines of the parcel. 4. A complete set of plans depicting existing conditions of the parcel (site plan, floor plans, elevations), if applicable. 5. A complete zoning analysis of existing and proposed development to include a square footage breakdown of all proposed uses, parking provided, and proposed densities. 6. proposed site plan at a scale not smaller than 1" = 20`, showing the approximate locations and dimensions of all buildings and structures and all principal site development features. 7. Preliminary building elevations, sections and floor plans at a scale not smaller than 1/8" = 1' in sufficient detail to determine floor area, circulation, location of uses, and general scale and appearance of the proposed development. -4- ~. S. A vicinity plan showing the proposed improvements in relation to all adjacent properties at a scale not smaller than i" = 50'. 9. Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions. 10. Amassing model depicting the proposed development in relationship to development on adjacent parcels. 11. A preliminary landscape plan at a scale not smaller than 1" = 20', showing existing landscape features to be retained and removed, proposed landscaping and landscaped site development features such as recreation facilities, bike paths and trails, pedestrian plazas and walkways, water features and other elements, 12. Environmental impact report in accordance with Chapter 18.56, hereof unless waived by Section 18.56.030. 13. Any additional information or material as deemed necessary by the director of Community Development Department. With the exception of the massing model, 4 complete copies of the above information shall be submitted with an application far a special development district. At the discretion of the director of the Community Development Department, reduced copies in 8-1/2' x 11" format of all of the above information and additional copies for distribution to the Planning and Environmental Commission and Town Council may be required. 1$.40.060 DEVELOPMENT PLAN An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with Section 18.40.050. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved Site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. -5- ,. ' ~~ la.4a.o7o usEs Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential special development districts if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the 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 Town Council as a part of the approved development plan. I.8.4o.080 DESIGN CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. 1. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Compliance with parking and loading requirements as outlined in Section 18.52. 4. Conformity with applicable elements of the Vail Comprehensive Plan, town policies and urban design plans. 5. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. -$- i~ 6. Site plan, building design and location, and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district, 18.40.O9q DEVELOPMENT STANDARDS Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the apprnved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Cnuncil approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the Design Criteria outlined in section 18.40.0$0. 18.40.100 AMENDMENT PROCEDURES A. Minor Amendments: Minor modifications consistent with the design criteria outlined in section 18.40.020 B. may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and _~_ f'• ~~ Environmental Commission shall be made within twenty days from the date of the staff's decision on the requested amendment. Appeals of staff decisions may be filed by adjacent property owners, owners of-property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in section 18.66.030 A. of the Municipal Code. 8. Major Amendments Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 18.40.040. Qwners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment {as determined by the Department of Community Development). Notification procedures shall be as outlined in section 18.66.080 of the Municipal Code. 18.40.].10 RECREATION AMENITIES TAX A recreation amenities tax shall be assessed on all special development districts in accordance with Chapter 3.36 of the Uail Municipal Code at a rate to be determined by the Planning and Environmental Commission. This rate shall be based on the rate of the special development district's underlying zone district or the rate which mast closely resemble the density plan for the district, whichever is greater. 18.40.120 TIME REQUIREMENTS A. The developer must begin initial construction of the special development district within three years 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 phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. 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 time limits imposed by the preceding subsection, the approval of said special development district shall be void. The Planning and Environmental -8- .~ Commission and Town Council sha]1 review the special development district upon submittal of an application to re-establish the special development district following the procedures outlined in section 18.40.040 of this chapter. 18.40.130^ FEES .} Filing fee for special development district applications and requested for major amendments to approved special development districts shall be $500.00. Filing fee for minor amendments to approved special development districts shall be $100.00. Projects deemed by the Department of Community Development (and affirmed by the Town Council) to have significant design, land use or other implications on the community may require review by professionals outside of Town staff. In this event, the applicant shall reimburse the Town for expenses incurred by this review. Rny outside consultant selected to review an application for a special development district shall be selected and utilized by the Town staff. The Department of Community Development shall determine the amount of money estimated to cover the cost of outside consulting services, and this amount shall be provided to the Town by the applicant at the time of application. Any unused portions of these funds shall be returned to the applicant following the review of the proposed special development district. Expenses incurred by the Town in excess of estimated amount shall be reimbursed to the Town by the applicant. 18.40.140 EXISTING SPECIAL DEVELOPMENT DISTRICTS Nothing in this chapter shall be construed to limit, replace or diminish the requirements, responsibilities, and specifications of special development districts 2 through 21. The Town Council specifically finds that said special development districts 2 through 21 shall remain 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 18.40.120, time requirements. 2. 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 it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. _g_ ., ~~ ~ ~.~ 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed ar repealed and reenacted. The repeal of any prevision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day of July , 1988, and a public hearing shall be held on this ordinance on the 19th day of July 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of July 1988, yti,~~lYillUJll/~~,~ ,,5,1 i,,, y ~ ;,: :'; ~ , FRTTE,ST: r i CI ti ta, t4 i ~' Tdwn C1 er~c Pamel a ~~,,,,,a~~dmeyer, -~~ _.. John C. Slevin, Mayor Pro Tem INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by tide only this 2nd day of August 1988. Kent Rose, Mayor tisl}lotll~ll~1,~~~i,,, ;, ., r --~. t ~ } ~ r 't I Pa~r~l a ~~... ~Brandm~yer, Tbwn Clerk ;' , -10- 4 ''~~Y ~;~~ ~7 ~~~ ,a ~~~~~t L6 . t ~, ;~~yr ¢''~ .. . ,~;:~ , .~ r ~ ~ PRC)C)~ OF PUBLICATION STATE OF CdLOt7AD0 ) )) S5. COUNTY OF CAGLE ALLEN KNOX ~ _ do solemnly swear that { am Publisher the _____~_._-___,___ of TIME VAIL Tf?AIL fhaT the same Is a weekly newspaper printed, In whole ar in par! and published In the Jaunty of Eagle, State of Colorado, and has a general circulation ##Feroln; that sold newspaper has been published colltlnuousiy and uninterruplodly In said County of Eagle for a perEod of more than fitty-two consecuTlvo weeks next prior 1o the fleet publication of #F1e annexed legal no}Ice or advertlsernont; that said newspaper has been admitted to the United States mails cJS second class matter andor the provlslons of the Acf of March 3.1879, or any amet~dmeT7#s thereof, and that said newspaper is a weekly newspaperduly quell led for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. lhaf the annexed Iflgal notice or advertisement was published In the regular and entire Issue of every number of said w©ekly newspaper for the periot:f of rf7171c~ consecu#Ive lnserilans; and that the first publication of saEd notice was in the Issue of said newspaper dated __ / l.(7 ~~ ~ AD. 99 ~~~ and that the last publication of sold notice was f In the issue of said newspaper dated 7 ~. ~l~ In witness whereof I have hereunto set my hand ihfe "/~ day of Subscribed and sworn to befnfo ma, a notary public In alnd CtTr'ihe Count of Eagle. State of Golorado, this ~ ~~~ day of _ " 1~7 I~f'/ft/'~r AD. 19 ~~ r~llCr~c /~. ~i~~l/t.4C~r-~ My commisslon expires ~ ~ ' ~/~ . ~~j C. The Inhlnl review d n prapoand spatial d nvelvpmenl dletdd shell be held by the Planning and Fnvironmenta! Calnmleabn at a rognleay scheduled meeling. Prior to this nlvellnp, noel al the dlscration al the director d thn bepanrronl 07 Carmnunlly Davelor+ment, n work session may bn hold wllh the nj,pllcnnt, staff noel the Planning and Envlrc mnam al Cmnrnlealon Iv dlseusd the pral,vend Rpnclal dvvelopmenl dloldd, A report o11hn Canvnunhy pevelapment pepartntenl atnn'e Ilndinga and rocommendatbna shall ba rondo tit the luglnl lormal heorlnp beforn the Plnnninq and Envlrantnanlnl Cammlaslon. A report o1 the FXmnlnp and Fnvironmanlnl CommEaalnn staling ha find4nge and rocammendnlbns, and Iho alnff report shall then tro tranamhlal to ihn Town Council In nvcordance wllh the ns,pllcnbla provieione d Section 1a.06.OGR of Inn Munldpal ' a. 1nV iOwl Dilulleh Rhail fanedtlf Ina rlmclnl dnvn'cpnfam dlolrirt in accmd.nran tutor Iho provlalan of Sadlon 16,66.130 through Ili 66,160, i6A0.050 SUOMIT rAI. RE[H1IREMENT3 Tho lollowing Inlvustatlon noel naledsle shoo he aubmhlad wllh the Enhlul eppllCnllon Im o elwclnl developnvrm dlevlcl. Ceunln subrnlunr requlrgrsbnta nary bn wnWrd ar rnodetnd by the Ooparunenl al Cammunlty Develcpment hl II W demonelrnred thnl Ihs mmerlni to be walvnd or modll4ad la not nppllcnbla tv the [)nelgn (:dlorla ISadlon t0A0.On0). ar other praetlcnl solu8ons have been renchnd. 1, Arsphentlnn }orrn mid fieng fav, 2. A wrl0en e[nlernenl deadkbing foe nalura ar [he prolad to Indvde Inlnrnsntfvn on proposed ueoe, denelliee, nalurv ar the developmnnl prapoaed, mntamplnled awnerehlp palterna and phaefng plena, and a elplemenl Ovlllning hex and where the prapaead devslapmam devlalea from the tlevelopnrent standards prvacrlbed In the propenye undedying xone dlebld. 3. A survey elwrnsd by a Ibeued aurvnyor Indlceting axleling rnndhbne d Ihs progeny to be Included In the eparanl dweloprrsent dNlrltt, la ktclude the bcnllon nl Frrprovernenre, eebllnp canfour Iinea, natural laaluree, eelannp vegelnllon, water Lburaee, and perlmater prapeny Iinee of the parcel, 4, A comf+lole sal or plane tlerolchinp exlslbg COnditlOnB v} the parcel {ells plan, floor plane, elevnnnne), h nppllceble. 5. A aorrplnts zanlnp nnafyda of existing end proposed devnlopntnnt to Include a square fooupe brenkdnwn of all prapoeed oars. pnrWng pravldnd noel pronoesd dnnehlea. 6. Ptopvend site pion al s scab not ernnikr Than I'. 20, ehaaing the arysroxhnate locations noel dlmnnslona of nil bvlEdinga and nlruetures and all prlndpal aqo dnvetaprnonl lonlurea. 7. Prnihninary hukldlnq elevnllvne, encifona nrrd Moor plane tit a scale not arnnller than VO" . t' In enlnr:ienl dnlnl! to delnrminn hour nrnn, chrltlnllnn, Inrnllan of oast, and general ar--ale mid nppedrnncn of the prvpoeed tlevalopMont. 6. A vldnlly plan ahowb}g 1hn pmpoand Improvememe [n relmbn Iv nil ndlgcant propemae nl n autle nd urutler than P ~ 60'. 9. PM1rr overlays wM1dlor other arcanlnhle tea;hnalnee tar dermnenallnp a visual nnnlyeh a7 Iho proposed dvvelopntenl In relauonerdp to axlcting copdiiionR. 10. A meaning movie! dredding the proponad davntopnrent In relntinnahlp ro tlevaloprnnn[ nn ndiacer}I phrcele. 11. A prallminnry landscape pion nl n acnlo not smaller than 1' ~ 2O, showing oxfsling Inndscnpe lnalwes So be retained noel rornoved, prapoevd Inndscaping and Inndecnped ells developmnnl lentwns Sven ns recreannn Incislba, blkq pasha noel IrnIPo, rvMealrL n plnrna end walkways, water femmes and other elnmenle. 12. Environmental Impact report In accordance with Chnptnr 16,56, hereof, vnAsea waived by Sedlan 16.66.030. 73. Any additional lnlorngstlon or m rode! we deemed necessary Uy the dlredor of the Communlly pvvelaprnenl pepanmem, WI1h the axcepllon vl the massing modal, 4 carrplete ceplee d the above lnlaravslVon than be suhmilled wilt! an +pglballan S91 a epaclAl devebpmenl dialrld. Al the diacretlon of Ehe di[edor o1 Ihs Communlly pevelopmenl pepnnment, reduced wpln In B~tl7 x tt' Icrrnat al ell at the above Inlormn[lon and eddllbnnl copies tar dhlrRlmbn la the Planning and Enriranmenlol Cammlaalan end Town Cnunce may be reauhnd I6,4tl.o60 pEVELOpMENT PLAN An approved devalapmenl plan Is the prindpal document In pubing the development, oleo end adWNl.a of a tpedal development dittrld. A dsvelopmenl plan shall be approved by adbance by the Town Ceurcll In ooniundbn whh Ihs review end approval d any spatial dsvelvpmane dialrld. Yhe- development plan enau be corrpdeed d ntatsrlnle rubmhted In accordance with Secllon 18.40.050. The development plan shall rxintaln ell relevem rrtaledal and Inlormvdnn neceaaary fo eelablleh [he paramelara with which the spatial developmem dialrld shah develop. The development plan may vaneler d_ bN nut I» limited ;0, the approved alts plan, floor plans, bullding aedlone end eMretlona. vbinlry plan, parkkrp plan. preXminery open epncenantlecape plan, densi0ea and permined, rondllfona! and nccasnory uses. i64o.oy6 usEs Determinallon or permined. candilbnel end accessory uses ehaA be made by the Planning and Envlranmemaf Commleabn and Tawn Council ea A part o1 the !elms! review OI the proposed devslopmenl plan. Vnieea iurthar reatrlded through the review d the prapoasd epeclal devslopmenl dfalllcl, permflled, candle{onaf and accessory uses 1hnX ba limited la three perrMlted, rondhlonal end accessary uaea In a Propedy'e underlying zone tllenkt. lJnder curtain cdndhbna, commercial uaea trey be perminsd In reeldenihl epeclal tlevefopmenl dbhkla 4. In Ehe vplnron d the Town Cauncll, each uaea are pelmnrlly tar the aervlro end convenience al the reeldenle d the devebprsten7 end the Inunadlsta neighborhood. Sutlr utM. Y any, shall nal change or tlee troy the pradominanlly reeltlenhal character er Ihs epeclal dsvelgxlwnl dialrld. TM amount d ores arM type d such ueoe, Y any, to be albwed h a reeldenlisl spatial dsveroprrtanl dYlrkl aMh bs Mtabhahed by the Town Garncrl M e part d iM appoved dwelapment plan."- ..-.W._...- 1 B 40.080 DESIflN CRRERIA Ths loflowinp design cdtarla shell be used ae IM principal critede In svalualing IM meths d the proposed apeelal devebpmenl dlstrlct. h shalt be Ihs burden of the applfcanl to demanelyda Thal aunmitlal material and the proposed devebprronl plan rortply with each d the lolbwing etentlards, or demonstrate Thal one w mart ar Ihem h not applicable, or That a practical soWUan conelRlenl wllh the public Inlereel hoe been achieved. t, Design corrparbphy and eenaitivhy to the Irnmetllale envlronmenl, neighborhood and adJacenl propedfas rela[Iye to nrchllacturai design, scab, huN, buhding halght, bolter 2an9a, Identlly, chereder, visual Imegdly end odentallOn. 2. Vacs. aclWlly and densely which provide a corrpafibfe, e01dan1 and worMehla retatlvnshfp wllh ewrounding uses end rtdlvily. 3, Cnrrphance with parking noel loading requlremenls as oulllnad In Section 78.57.. 4. Cadormlly wllh eppllcabh elements d the Vail Carryrohenaive Plen, EoWrl pal{else and urban design Plvte. 5. Idamfllcallon and mXlpnOOn o1 natural nndlor geolvgb hazards !hat ailed the propedy an which the spatial devebpmenl dhind le prepared. 6. 9ha plan, bullding design end loca[lory and open span provolone tlarlgned 1o produce e Ivncllonal developmnnl 7eeponeWs end sensitive to natural leelwee, vegetation and overall aealhellc quality d She wmrrwngy. 7. A clrculetlon system deelgned far both vehicles end pedeeldane addreeaing on and dl~ site rraflb dreuWllon. e. Fundionel end aeathetb landeceping and open apace In order lu opthuUe and prmer:e natural Isa7ur~. recreation, News eM bnction.~ 9. Pf+aalnp plan m tubdMebn elan that win malnleln a workebk, luratbnal end ar0elem rslalbnehlp IhmuphoW the d.wwprtl.m d the seeds! developmnnl doubt. 18,40.090 DEVELOPMENT STANDARDS Development standards Induding,ld area, ape tlimenalone, tslbacke, halght, danafty control, she coverages. Lmdecapinp and parrdng shell be detsrrNned by the Town Council as par! or the approved development plan with cenalderalbn of the retommendellone of the Planning and Environmental Cvmmlaalon. Betoro the Town Coundl appravee tlsvelapmens Mandarde that deviate fmm the undedying zone dldllct, H should be determined that such dwladon provldee beneiha fo the Town that oulwelgh the adverse dleaa d ouch davlallon. Thle delerminallon h to be made based on walualbrt d [hs plapoeed specbl development dhldcYa campllancs whh the Design Crflarla osalEned In 3edlan 16.40.080. 16.40.100 AMENDMENT PROCEDURES A M1rwr Amertdmenle: Minor modiflcallana consletenl wllh the design vrharks aullfned In 8edlon 18,40.020 B. may bs epprovad by the Orputmrnt of Communlly DwNopmanl. All minnf rrpdnballone FhaX be indfealad on a wnpktety revised development plan. Approved changes shall be tided. signed, dated and Ilkd try the Depenmenl d Carnmunhy Development. Nddkatlon d a pmpoestl minor amendment, sad a r.paA d n,rr erd~lpnf1 d aNd rrquaslhshall ~i~aM t~odttrleae~ UsVenwr~i el>~rhic~ ilia l mnY ba alfeded by the amendment. Affected properllea shall be as determined by the pepefiment a1 Communlly Developmartt. Notillcatrpns shall fps, paslmarked no Islet than Elva days fo6owling alai! adlan on the amendment requeel and snail Include a br1e1 alalement describing the amendment and the 11me and dale or when Ihs Planning and Envirvnmemal Cnmmlealon will be fntormad al Ihs stall dedalon. In all caae9 the report la the Planning and Eav[ranmentd Commissfpn aha11 be made w6hln Iwenty days lrmn [he tlme of the atafrs decblon an the rsqusaled amendmarit. AppseM A calf dedabna may be filed by adtacenl property owners, owners o1 progeny whhrn the epeclal developmenl'dlsplcL the appllcsnt, Planning and Envhonmsntel Canmlaelvn members ar rnenarera d the Town Caurcll ee autllned'In 8edlon 16.89.030 A. vt the Munkdpal Code. B. Maier Amendments Requeal far major amendmenla to an approved apec101 development dlatrkl shell be reviewed In acrnrdance with the procedures desabed En Section 18.40.040. Owners of all properly requeetinp the amendment, or Ihelr agenle m authmizetl repreasntatlvea, shell sign Oha appllcatlan. NolYicMlan d the prapoaed amendment shall>» made to owners of ell properly atllacan[ la Ihs progeny requealing the propn6ed anrendmenl. avnere d all progeny adiacenl to the epeclal developrttent tlhVid, end owners of all property wllhln the apetlnf devslopmenl dletdd That may be atlede0 by the propveed amendment (aa determined by the lyeputmen! d Comrnunhy DewbPmem). NdYlcalbrt proveduree shalt be ee oullfned In 9rdbn t8.68A80 01 Ehe Munkbal Code. (8.40.1 F8 RECREATION AMENRIE3 TAX A regeallOn amenXlea tax shall be aseeased an all epeclal development dletrlCle in accordance wllh Chapter 3.39 of the Y611 Munfc~nal Cade et a rate to be determined by the Planning and Environmental Commia6fon. This rare shalt ba based on the rate d lha epeclal devslopmenl tllalrkYa undarying zone dletdd or Ihv rata which most closely reaemblsa Ehe denahy plan tar the db[dd, whichever o greater, 78.40.120 TIME REQUIREMENTS A. The developer must begin tattle! mnalfudlon of the species devslopmenl dialrld wllhln three years from the lime at Its Ilnal approval, and contbue dlXgenfly toward the corrgtlellon of the pralecl. 11 the epeclal da :.. nl d4lrkl re to bs developed fn ghost, the deverape mvel begin wnetmdlon d aubsequehE phases with{n ens year vi the Cartplelron d the Ixavldua bheae. .i, r Pub[ic~ Nonce . ~ ". DRDrNANCE NO.`915e;;=: "':'_~.,a~ SeriN- vl 1999 ~%' - AN ORDINANCE'-'RE PEALINQ~- AN D gEENACTINQ CHAPTER 16,40 SPECIAL r DEVELOPMENT b19TRICT3 DF_ TNE~,I MUNICIPAL S:ODE OF.THE TOWN OP VAIL, ~~ COLORADO. - , WHEREAS,~~elhs..prsaant'.Speclal ~, '' pevebprnenl DieltklUMinarrce of Ehe Tawp d d Vat was evaded tdi878;end,-c,a f~'`[~,." WHEREAS, the Town.000ndI h d the behel 'that. Uls_ healih',.eafsty, and"wallets al the ~~.fAtlabhann of the Town woukf be 6erielil[gd bY.~; ~.: an updating of Ihs Bpeder-0 ... sit, r;Q;sNOW;THEREFORE,~BE RORgAIlJ~b•BY~~+~ ~THp TOWN COUNCIL QF THE TOWN OP TAIL.. ' ~, COLORADO:" SECTION' L~ Chepley '~ 18.40 Special ~ ~ * rDevelopmenl Dblrlda d 1M Municipal Coded , the Town d Vdl, Cobrarb, h haaby rrpsalW ' and reenacted ae IoYows: 19.48 '. , , SPECIAL DEVELOPMENT DISTRICTS Sections: 18.40.01h Purpose 16.40.020 psi€nhtona 76A0.030 Applicatbrt 10x70.040 Developntanl Review Procedures 16.40.050 Subminel Requlrementa 18.40.000 Deveopment Plan 18.A0.070 Urea 18.40.086 Design Crhdlb .~ 19xtR0v0 Development 8tnndards !6.40.100 Amendment ProcedueA 18.40.110 Recreation Amenhiee Tax 16A0.f207ims RequhemenU - -- 19A0:130 Fees - - 10.40.146 Existing Bpsclal Dsretvpment I' Dffitrkte ' 18.40.010 PURPOSE Ths purpose o1 the spatial develapmenl ~~ dieuld b to encourage IlsxlbiRly and daativXy In the development d lend b order to prorttote ka .. meal approprlats vee; Iv Irrprovs the design,: , cherecler and gvelhy d new development within the' Ttrxn: Iv tecllhela the adequate and etonamlul prmhian. of Nreate and ullXlbs; to ~. praseNS 1M nalufal and ecenb features d open F~ apace arse; and fa turlher the overall goals of the :' amrnunhy es elated In Ihs Vall Conprehenelve i;.Plan. An approved devalapmen[ plan foe a ~~' ePealal derelnpmem dietdcL In conjunction wkh ', ~• prapeny's nderfyfnd zone dlslrbl, shelf . utablbh lha uqurnrtlanta for guiding '- davelopmam and uses d propeOY kncluded~ln' I. the epeclal devebpmem dbthd. tM elemenla d thr deve}oprsem elan anal! a a• ovlllned In 18.A0,P60. ~ ,.. ' ' ~ -, 18.40.020 DEFINITIONS ' ; ~ ~ ~ - ~ , Aa Agent M AulhorizW RepreeetnalWe ` -~ •AnY hldhr{dual ar aeaadellon eulhwlzsd or e~ampowrorad~inwrhbp:bydM'propertY awrref 1a ad on hb (Mr) ilsad:l(anyol the prapeny to heF,. t:IncJUded ln'thb lpeCid~tier :.,. dbbid~le a';+ candominWlrVxed dsVelopment, Ihs pertlneid' candominlum aaexlallvrl~maY be caritldered the agem or adhorized repreeemalWe far the- IndWldual unh ovmars Y authadzed In conlormhy .. whh all peNinent requdlrs~*e.~W ~ v tphdommum aeaxWbtr~, other roquhemenle~el aXaT'condvminium;~" deClaralbns are r:wL;:,*~; ~'~° - -.~ ."<,eta` B. Mlnvr Arnendrwed (Staff revlewj~ : . t~ '' Modllicatfon~; to~,bullding plans,=she or,`: fandecapa Pbns 1Ae1'do t1d aXer the basic Ideal " ~. I and character of '.the approved abedal,''1~ devebpmenl dbttia, end a(e cvnablenl with the - „dealgo ~crltaria "oi lhle' chapter. Minor •s trey, lndude, Out rrol be IflTdted W, `,"vaylallpne d not store than 6 feat'to epplovsd awtlyecke and7a bulldinp lrxdprlllis; ghangae to a I lrryad Pedestrlaq'~env~ prM;vrrvv..,r,.,• ~ 1'lhmuplroul. tfie a intent dhfrld 6 -.~ ~~ changes to grvae~ tloarla»a~{axduding;, .. '. lehldenllal asset, d not itturs !kilts S~peFOeltt d .. .' :the apptovsd satiate taataplfeM ~refaYr a11be'r . oomnson:ereea and:dpq ~n,,i+rsH, ~,da~tW ~IaoPig y ~ C. ~~•~ ~ men{ Tfl~ tnG4t~' ll~tdt~ I _ . I•*16v>e'~_:,.,.:-..5.. _. ..k s+,rs.J ~ ,t )7:s7 - ~, ~ MYW~IWdt996?~ess;lttcresesgrass~ ~iealdenYy;.{IOOt:arsa','lilanpe;tSra:ngmbar o! dwAIIInQ ar adtoinmodalbn unhe; mvdlly, ' r ~ enblge ar expand any Ilpp[eve4 . spatial ~t,develapment dtatild vtharrlhan minor';, ~emandmenla 1a:' Qa~Md in Sactlaq-` yti ti.. rarai.dyhtg Xatte pbtrfb[' . ~ . {,;.-^:.'tM zeal dMiit4 aPh131p an the properly, w' r Ilrrpaasd on flbtrya N aPa~b t11e speCW ~t~ y '~1' = ; ~, p~~E.' edPr ', :. tlbttlci' . PiOguly Whhlni~.spe01e1 (IA'+,"•. ..that, by vlltw d Me Pf~imM a teltabnehip to a ' pr8poaed :amern7maM.req![•etto an approved ~daVelvpmem P>^9~;,m"Y 128 aryeded by rs'deglpn, dedeitY~inrx.ate~~cnalipsiN-uaea,."or.dher.: ,; tttvdMirazlaw d7e?lgbp tha,M}Pac1!rar chmader'' 1~kc',d.~ the, approyed ,, ds4ui~d.~rt>r` Ya4R.tKbAP1~ , ~ fE, ' ~~~An apollcidbn_fof .at;prova ;oi'a,epecfal~ ... .. _~. .r,:T ,: ba made bn illorlr! provided by the Cornnalttay~,.~ :. psyebpnbnt Dspanmant era! shall Indudet " {.A Sepal daectiptlolt d 1he.ptapertY, a 11at d.4 nemeii' And nailing addraases of elf edlacanl WgPetiy awnera end Wrtnen conaenl d ownero t d all Propsrly.t0 be Included In the Spacial! t deveiapment',dlatrl4T-~ of ;Ihelr"apente ' or .-- autharF4sd represemetivet, Thd eoplkallon shall o Iln~ed~lnn 9actlonut 9.40.06Aul and Ra P ' dsvalopmant plan u vulpnad In 9ad16n' 116A0.080. 18.40.040 DEVELOPMENT REVIEW; pRDCEDURE9 p, poor tv else-pseparation, bv}Iding COnhtrUMlon, Or Other Impravenwnt8 10 land I. within a special development dblrkt, !here shall ' be an:.ePptaved dsyslopmeRt plan tar told r~dbirbt: The :~. .Jdeveloptnent-plan ahd? ~- satabYeh tequl7emanls regulating development. , -vacs and adWlty wahln a spacial drveloptttan[ r dlada:.<; - •-~ h "~ 1lcsuon'br "- , B. PHd fo eubrrlhtel d e Mrmal app ~rj ~~a'spe6W .tlevelopineM~dhtrlct, the appllcanl, : eheA held apre-eppllcalbn dfnlarsttce whh the Cammunhy: UeirrlopmeM DapanmeM. '~#he .+ purpvedhl ifiid ntedmp shellbl E slo~rnrnl , ' goah'd Iho prepoaed spade peal~to dlatrkit,'tha- r(ilatbnehlp ~d the props „appnaable aNmenls d the Towne toaster plan, :" and the review Procedure 1ttGC.vdl1 be ialbwed ;, ' tar ihn apppcalbn. - ' ... ' C. The bhld rav!aw d a Proposed epeclal ii dpvelopmonb -dletdd shell Ise Maid by the planning end Envlronmenfal Conmrasian:at a , regularly scheduled meeting. Prior to this ' meeting, nrrd ae the dlanetlon of the dkredr- :., the peparttiwm of ColTxewnky Development, a week aaaebn,tlny' be held wph the applbant, eta9 and the°Planning and En oiaed eeecSa4 Commkllan ld dl6cues the Prep P "devalaprtwnl dfatrld. A repast d the Cnmrrntnsy pevafopment pepartmed stall's findings ana rscomm_ sndatians shall be made at the Inpial talltlal'headnp balers the Planning and Epvirontnemal Cvmrtdaalon. A rePOtt d~lhe Planning and Emlronmental portarYsalon ending pe OtMings end teopmmehdatams, and the slat! report shell !hen be 0enamltted 1o thnlTow^ • ~ K b a a $Y ~8~ S 't' B z ~ hoc o s5 4 ~~r $ T p~~$ $~ e'' ^a $ 8 ~ r- E ~ goy .~ ~& S a a ~ ~ a ~ B ~ ~~ " ~~ ~ ~~ .~ €~'~aS~•6M~ ~QpW.s8-~~ ~~E ~~F~~'~a'~~g~Mai~ z~~`~+m'pkkklll~ F~~'~ $°3~d~ F '=°~_t~ ~ ~ ~~~~4e~£ °~~.~ ~ ~~'~g~g v •8~tea55gi~ 38~~ ~ 88 .3 ~~~ ~~~~U'd ~ra~~9'° ~ S m~2r 5 ~bc8 ~~i ~rd ~.S E~ y ~ wg g -.Q ~1- {~'~~'G i _. ... ~~.:_~. _~~. `~~ ~ ~ ^. ~~ ~ ~: . _ ~ _ ,~ ~ ~ ~ ~ ~ o ~ ~ ~ Q ~o~o Qa 3 ~ ,d ~ ~~ ~ ~ S C ~; ~ ~~Q~O~pQ~. ni -~ ,{ ~ ~D c ~ tD o ~ ~ o c g °~m~~f.~~~ ~ ~ ~ `~ tD ~ O ~ ~ ~ ~Q O Q ~y•~p ~Q O ~. i~~ ~ c Q m l~ O ~ ooQ~Q~~aQz {Q~~ ~ O R N Q lD -, Q ~, > cD ~' T-' ~`~ p (~ Cl ~ ~ `(~p~~~jv4i~~ '~ ~ ~ -„ ~ w m~ o g4 ~ ~, ~ ,..,, V+ N~ Q ro X~ 7 ~, ~ "~.~ ~ ~ ~c~D~° aka C m ~ ~ Q ~ m~o~~~°~~ i~ ~. ~ ~ ~ ~Q~ f ~ ~ ~ ~ ~' m c~p~Q~'~ ~~ (` o Q~•- tD ~ c ~ ~~ x o•p (gym -~ pQ a ~ ~ ~ tQ~ r~~~~ ~~ Its ~ -Z ~ ~ ~ Q ~ Q.oo~~ ~~Q~ m o ~. ~• ~ ~ a m~ aQa ° `~o~ ~rov c cm a.v n~0?Jn ~ ,.~ Qcmmz c mn-9 -C~ ztm ~ N ~i=0~'°°°O-m2 F ~.. ~mpp~~N~p~~CJ ~/ v w o C go. r'izz O~ m~CIQO» ~mOp 70~ aN a {mm~~~ Z Z~C am ~ ~~~~ ~ ~ m~=n~.X 0 fob m ~Tm~~n Ovbmw z{~ S,c mOD ~ Tye ac> ~ C]aom ~.~m~+mZ ~~ ~oo~ow ~nA;moO m 7_h.~ ~ ~p H ~ m ° zN°z + `Y ~~ np0 0~. O~~O p0 Om ~~ " m ~ ~c ' ~v nW y-~nD =-x ~~n mo mo r- n ~ ~.oz i~. m v r r~ ~C a 0 3 Q o O O O m Yn' 0 r a Z