HomeMy WebLinkAbout1996-22 Amending Section 18.04 - Definitions, Adding "Fractional Fee Club" and "Fractional Fee Club Unit", Amending Section 18.22.030 - Conditional Uses; Amending Section 18.60.060(A)(7) - Conditional Use Permit Criteria FindingsORDINANCE N0.22
SERIES of 1996
AN ORDINANCE AMENDING SECTION 18.04, DEFINITIONS, ADDING
"FRACTIONAL FEE CLUB" AND "FRACTIONAL FEE CLUB UNIT", AMENDING
SECTION 18.22.030, CONDITIONAL USES, ALLOWING FRACTIONAL FEE CLUB
AS A CONDITIONAL USE IN T)EIE PUBLIC ACCOMMODATION ZONE DISTRICT,
AMENDING SECTION I$.60.060(A)(7), CONDITIONAL USE PERMIT CRITERIA-
FINDINGS.
WHEREAS, an application has been submitted to amend Sections 18.22.030 and
18.60.06() of the Town of Vail Municipal Code to allow fractional fee club as a conditional use
in the Public Accommodation Zone District and to provide criteria and findings applicable to
i~ractional fee club requests in Vail; and
WHEREAS, all notices as required by Section 18.66.0$0 have been sent to the
appropriate parties; and
WHEREAS, an November 25, 1996, in accordance with Section 18.66.140 the Town of
Vaii Planning and Environmental Coznrnission held a public hearing on the proposed
amendments and unanimously recon~znended approval of the amendments to the Town Council;
and
WHERE~IS, the Vail Town Council believes that quality fractional fee club unit are an
appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental
availability and diversifying the resort lodging market within the Town of Vail; and
W1~EREAS, the Vail Town Council believes that a fractional fee club is a form of public
accommodation; and
WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and
beneficial to the Town of Vail and its citizens, inhabitants and visitors to adopt Ordinance No.
22, Series of 1996; and
WHEREAS, the Vail Town Council believes the proposed amendments are consistent
with its adopted goals, objectives and policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VA1L, COLORADO. THAT:
SECTION l
Chapter 18.04, De€inilions is hereby amended fo read as follows:
18,04.136 Fractional Fee Club, means a fractional fee project in which each
condominium unit, pursuant to retarded project documentation as approved by the Town of Vail,
has no fewer than 6 and na more than l2 owners per unit and whose use is established by a
reservation system. Each of the fractional fee club units are made available for short-term rental
in a managed program when not in use by the club members. The project is managed on-site
with a fi•ant desk operating 24 hours a day, seven days a week providing reservation and
registration capabilities. The project shall include or be proximate to transportation, retail shops,
eating and drinking establishments, and recreation facilities.
18.04,136.1 Fractional Fee Club Unit - a condominium unit in a fractional fee club
described as such in the project documentation and not an accommodation unit within the
fractional fee club.
Ordinance No. 22, Series of 199b
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18.Q4.430 tractional Fee [Deleted]
SEC'T'ION 2
Section 18.22.030 -Public Accommodation-Conditional Uses ~ of the Town of Vail
Municipal Code is hereby amended to read as follows:
18.22.030 Conditional uses
The following; conditional uses shall be permitted in the Public Accommodation Zone
District, subject to the issuance of a conditional use permit in accordance with the
provisions of Chapter 18.60:
A. Professional and business offices;
B. Hospitals, medical and dental clinics, and medical centers;
C. Private clubs and civic, cultural and fraternal organizations;
D. Ski lifts and tows;
E, "Theaters, meeting rooms, and convention facilities;
1~. Public or commercial parking facilities oz structures;
G. Public transportation terminals;
H. Public utility and public service uses;
I. Public buildings, grounds and facilities;
J. Public or private schools;
K. Public parks and recreational facilities;
11. Churches; -
M. Gating, drinking, recreational, or retail establishments not occupying mare than
10% of the total Gross Residential Floor Axea of a main structure or structures
located on the site in anon-conforming multi-family dwelling;
N. Major arcade, so Lang as it does not have any exterior frontage on any public way,
street, walkway, or mall area;
O. Bed and Breakfast as further regulated by Section 18.58.310;
P. Type III EHU as defined in Section 18.57.060;
Q. `T'ype IV EHU as defined in Section 18.57.70;
R. kractional fee club as further regulated by Section 1$.60.060{A)(7)(a-e).
SECTION 3
Section 18.60.060{A)(7), Conditional Uses Permit criteria-findings, of the Town of Vail
Municipal Code is hereby amended and shall read as follows:
7. Prior to the approval of a conditional use permit for atime-share estate, fractional
fee, fractional fee club, or time-share license proposal, the following shall be
considered:
If the proposal for a fractional fee club is a redevelopment of an existing
facility, the fractional fee club shall maintain an equivalency of
accommodation units as are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. If the
proposal is a new development, it shall provide at Least as much
accommodation unit GRFA as fractional fee club unit GRFA.
b. Lock-off units and lock-off unit square footage shall not be included in the
calculation when determining the equivalency of existing accommodation
units or equivalency of existing square footage.
c. The ability of the proposed project to create and maintain a high level of
occupancy.
Ordinance No. 22, Series of 1996
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d. Employee housing units may be required as part of any now or
redevelopment fractional fee club project requesting density over that
allowed by zoning. The number of employee housing units required will
be consistent with employee impacts that are expected as a result of the
project.
e. The applicant shall submit to the town a list of all owners of existing units
within t1•ze project or building; and written statements frozxz one-hundred
percent of the owners of existing units indicating their approval, without
condition, of the proposed fractional fee club. No written approval shall
be valid if it was signed by the owner more than sixty days prior to the
date of filing the application for a conditional use.
SI~.CTION 4
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to he 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, sectia~~, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one az- more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
SFCTInN 5
'i'he Towzt Council hereby Ends, 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.
ST,CTI()N G
~'he repeal or the repeal and reenactment of any provision, of the Municipal Code of the
`l'owzz 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 and reenacted. The repeal of any provision hereby shall not revive any
provision or atry ordinance previously repealed or superseded unless expressly stated herein.
SFC`[`ION 7
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, oz•der, resolution, or ordinance, or part thereof, theretofore repealed.
I~C)LL ON 1~IRST READING this 7th day of January, 1997, and a public hearing shall be held on
this Ordinance on the 21st day of January, 1997, in the Council Chambers of the Vail IVlunicipal
Building, Vail, Colorado.
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Robert W. Arnxour, Mayor
Al"TEsST:
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1-lolly McGutchco~z, Town Clerk
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INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PiJl3LISHE (Il~f FULL~BY TITLE ONLY) THIS Zia ~- DAY OF JANUARY,
l 997.
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~,,~,~^
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Robert W. Artr~our, Mayor
AT'rt'ES`I':
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Ilolly McC«tcheon, Town Clerk
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