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HomeMy WebLinkAbout1999-23 Amending Title 12, Chapter 7, SEction 12, Public Accommodation Zone District, Chapter 2, SEction 12, Definition and Chapter 10, Section 12, Off-Street Parking/Loading of the Town of Vail Zoning Regulations to Allow for Text Amendments~' -~ ~~ ORDINANCE NO, 23 sERIES OF 1999 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 7, SECTION 12, PUf3LIG ACCOMMODATfON ZONE DISTRICT, CHAPTER 2, SECTION 12, DEFINITION AND CHAPTER 10, SECTION 12, OFf'~STREET PARKINGILOADING, OF THE TOWN OF VAIL ZONING REGULATIONS TO ALLOW FOR TEXT AMENDMENTS TO THE DEVELOPMENT STANDARDS PRESCRIBED FOR THE PUBLIC ACCOMMODATION ZONE DISTRICT; PROVIDING DEFINITIONS OF "LODGE" AND "SUBSTANTIAL OFF-SITE IMPACT"; AND SETTING FORTH DETAILS fN REGARD THERETO. WHEREAS, an application has been submitted to the Community Development ^epartment of the Town of Vail proposing text amendments to the Public Accommodation Zone District; and WHEREAS, the Planning & Environments! Commission has held public hearings on the proposed amendmen#s in accordance with the provisions of the Town Cade of the Town of Vail; and WHEREAS, the Planning & Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning & Environments! Commission has voted unanimously to recommend approval of the proposed amendments to the Vail Town Council; and WHEREAS, the Vail Town Council believes that the proposed amendments will resul# in up-ta~date development standards for the Public Accommodation Zone District that allow far flexibility in the development of viable, high-quality lodges and.less reliance an Special Development Districts to facilitate development in the Public Accommodation Zone District; and WHEREAS, the proposed amendmen#s will help to insure that the lands set aside in the Town of Vail far guest and guest-types of accommodations will meet the needs of the resort community and the Vail residents; and WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend the Public Accommodation Zone ^istrict. NOW, THEREFORE, 13E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ., Section 1 Title 12, Chapter 7, Section 12, of the Town of Vaii Zoning Regulations, Public Accommodation Zone District, is hereby amended as follows: CHAPTER 7 COMMERCIAL-AND BUSINESS DISTRICTS ARTICLE A. PUBLIC ACCOMMODATION (PA) DISTRICT SECTION; 12-7A-1: Purpose 12-7A-2: Permitted Uses 12-7A-3: Conditional Uses 12-7A-4: Accessory Uses 12-7A-5: Lot Area And Site Dimensions 12-7A-6: Setbacks 12-7A-7: Height 12-7A-8: Density Contraf 12-7A-9: Site Coverage 12-7A-1D: Landscaping And Site Development 12-7A-11: Parking And Loading 12-7A-12: Exterior Alterations or Modifications 12-7A-13: Compliance Burden 12-7A-14: Mitigation of Development Impacts 12-7A-15: Additions to Exis#ing PA Properties 12-7A-1; PURPOSE: The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together wifih such public and semi-public facilities and limited professional offices, medical facilities, private recreation, commerciallretai! and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacen# land uses. The Public Accommodation District is intended to ensure adequate light, air, open space, and a#her amenities commensurate with lodge uses, and to maintain fhe desirable resort qualities of the District by establishing appropriai~: site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the District. 12-7A-2: PERMITTED USES: The following uses steal! be permitted in the PA District: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and hat occupying more than ten percent (1D%) of the total grass residential floor area of the main structure or structures on ttye site; additional accessary dining areas may be located an an outdoor deck, porch, or terrace. 12-7A-3: CONDIT{ONAL USES: The fallowing conditional uses shall be permitted in the PA District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 1 D of this Title: Bed and breakfast, as further regulated by Section 12-14-18 of this Title, Churches. Fractional fee club as further regulated by Section 12-16-6A7 of this Ttle. Hospitals, medical and dental clinics, and medical centers, Nfajor arcade, sa long as it does not have any exterior frontage on any public way, street, walkway, ar mall area. 2 Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public ar commercial parking facilities or structures. Public or private schools. Public park and recreational facilities, Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type 111 employee housing unit as provided in Section 12-13-6 of this Title. Type IV employee housing unit as provided in Section 12-13-7 of this Title. 12-7A-4: ACCESSORY EJSES: The following accessary uses shall be permitted in the f'A District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of #his Title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Meeting rooms. ether uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 92-7A-5: E-OT AREA AND SITE DIMENSIONS: The minimum lot ar site area shall be ten thousand (10,000} square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site steal( be of a size and shape capable of enclosing a square area eighty feet ($0'} an each side within its boundaries. 12-7A-6: SETBACKS: In the PA District, the minimum front setback shall be twenty feet {20'}, the minimum side setback shall be twenty feet (20'}, and the minimum rear setback shall be twenty feet (20'}. At the discretion of the Planning & Environmental Commission andlor the Design Review Board, variations #o the setback standards outlined above may be approved during the review of Exterior Alternations or Modifications (Section 12-7A-12) subjec# to the applicant demonstrating compliance with the following criteria: 1. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 3. Proposed building setbacks will provide adequate availability of light, air and open space. 4. Proposed building setbacks wil! provide a compatible relationship with buildings and uses an adjacent properties. 5, proposed building setbacks will result in creative design solutions or other public benefiits that could not otherwise be achieved by conformance with prescribed setback standards. 72-yA~7: HEIGHT: For a fiat roof ar mansard roof, the heigh# of buildings shall not exceed forty five feet (45'}. For a sloping roof, the height of buildings shall not exceed forty eight feet {4$'). (Ord. 37(1980) ' 2) 12-7A-$: DENSITY CONTROL; r~ L_~ Up to one hundred and fifty (150} square feet of gross residential floor area (GRFA) may be permitted far each one hundred (100) square feet of buildable site area. f=inal determination of allowable gross residential floor area shall be made by the Planning & Environmental Commission in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable gross residential floor area the Planning and Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and ^esign Considerations. Total density shall no# exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixty-five (l?5°I°} of the total site area. Final determination of allowable site coverage shall be made by the Planning & Environmental Commission andlor the Design Review Board in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable site coverage the Planning & Environmental Commission and/or the Design Review Board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Pian and Design Considerations. 12-7A-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent {30%} of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15'} with a minimum area not less than three hundred (340) square feet. 12-7A-11: PARKING AND LOADING; Off-street parking and loading shalt be provided in accordance with Chapter 10 ofi this Title. At least seventy five percent {75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shalt be located in any required front setback area. Below grade underground structured parking and short-term guest loading and drop-off shall be permit#ed in the required front setback subject to the approval of the Planning & Environmental Commission andlar the Design Review Board. 12-7A-12: EXTERIOR ALTERNATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration ofi an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than 1,000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Complete applications for major exterior al#erations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or represen#ative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. •„ , 2. Application; Contents: An applica#ion for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shalt include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable}. Said names and addresses shat! be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions an the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet {1" = 20'}, a roof height plan and existing and proposed building elevations at a minimum scale ofone-eighth inch equals one foot (118" = 1'}. The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vaii Streetscape Mas#er Plan. f. Sunshade analysis of the existing and proposed building for the springlfall equinox (March 21 !September 23} and winter solstice (December 21) at ten o'clock (10:00} A.M. and two o'clock (2:00} P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing Sunlshade pattern. The following sun angle shall be used when preparing this analysis: 5nrinq/Pall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2;00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1J4" = 1') and a sc{uare footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Adminis#rator. The scale of the model shall be as determined by the Administrator. i. Photo overlays andlar other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title, j. Any additional information ar material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC}. The Administrator or the Planning and Environmental Commission may, at hislher or their discretion, waive certain submit#al requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Vail Village Master Plan, the Vaii Village Urban Design Guide Plan, the Vail Village S#reetscape Master Plan. 4. Work 5essionslConceptual Review: ff reques#ed by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environments! Commission, a conceptual review with the Design Review Board, or a work session with the Tawn Council. 5. Hearing: The public hearing 1Jefore the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Ttle. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, ar deny the application. The decision of the Planning and Environmental Commission may be appealed to the Tawn Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void three {37 years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed far reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7A-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation Zone Dis#riet, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative affects an the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their developmenk on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and wilt be determined by the Planning and f=nvironmental Commission in review of development projects and canditianai use permits. Substantial off-site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedes#rian walkway improvements, streetscape improvements, stream tractlbank restoration, loadingldelivery, public art improvements, and similar improvements. The in#ent of this section is to only require mitigation for large scale redevelopmentldevelopment projects which produce substan#ial off-site impacts. 12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES: F'ar any gross residential floor area added to a Public Accommodation zoned property following the effective date of Ordinance No. 23, Series 1999, a minimum of seventy percent (70%} of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club unit subject to the issuance of a conditional use permit. This limitation shall not apply to GRFA being added in accordance with Sections 12-15-4 & 12-15-5. 6 •~ Section 2 Chapter ~, Section '{ 2, Definitions, of Title 12, the Town of Vai! Zoning Regulations is hereby amended as follows: ~.odge: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation units or fractional fee club units, is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which ail such units are operated under a single management providing the occupants thereof customary hotel services and facilities. Notwithstanding the above for properties containing gross residential floor area equal to or less than 80 square feet of gross residential floor area for each 100 fee# of buildable site area, such properties shall be defined as lodges provided that gross residential floor area devoted to accommodation units or fractional fee club units exceed the gross residential floor area devoted to dwelling units Sufis#antial Off~site tmpact: An impact resulting from development or redevelopment on the surrounding neighborhood and public facilities in the vicinity of a development or redevelopment site having a considerable amount of effect upon the area. Far example, substantial off-site impacts may include, but are not limited to the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loadingldelivery, public art improvements, and similar improvements. Section 3 Page B, Section E, Third Paragraph of the Vail Village Design Considerations, [fated June 11, 7980, revised January 15, 1993 is hereby amended as follows: This is not to imply continuous building frontage along the property line. A strong street edge is important For continuity, but perfectly aligned facades over too long of a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give life to the street and visual interest for pedestrian travel. Given these precepts, for properties within the Public Accommodation Zane District, no less than 50°l0 of a building frontage along a stream #ract, street, or pedestrian ways shall be horizontally stepped back an average of 5 feet. In certain cases additional stepbacks may be required. Section 4 If any part, section, subsection, sentence, clause or phrase of this ordinance is far 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, sen#ence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid, Section 5 The repeal or the repeal and re-enactment of any provisions of the Town Code 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 7 ~ 4 proc~ing as commenced under or by virtue of the provision repealed ar repealed and reenacted. The repeal of any provision hereby steal{ not revive any provision or any ordinance previously repealed ar superseded unless expressly stated herein. Section 6 Ail bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution ar ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUEiUSNEO ONCE IN FULI* ON FIRST READING this 7~h day of September, 1999, and a public hearing for second reading of this Ordinance set far the 5`n day of October, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. '••lI. - Rob '~~~, , ATTEST: ~~f~'''`ff~Cr~~t+a~~}~"~~~~~~, ~ Q ~ ~ _1 l ~~ ~: l/~-t..1 T l~ _. 'tn~le~onaldsan, Town Clerk C"ar ert .Ford, Mayor READ AND APPROVED ON SECOND READING AND OR EDP BLl October, 1999. \e``~rt`~~~if~~~ri~rrr~i~ y, '` ~~ "-:; _ ~ E ~ ~ = Robert E. Fdrd, May ATTEST: ~~ ~~ 0 ```i~ C~LU ~~v ,.~`. ~~ " rr~rm i u~u,~'~ ~analdson Town Clerk 1. re eR > this] 5`h day of • • u: ~. ~ :_ ..~ ~- ~~ ems ~_~ ~ ~~~~~m~ '_~ ~~~~^ p a :~. ~~ ~ , a zs 5 ~ ~~~~~ 3~ FF Vy ~~ ~ry g l~yOy~~y~~p~(~gm')}NjJ~j, ~ m~ .~ ~O,t't~'~~ ~OZ1 zE-~ ~~6 y. ~~i1~ ~ ~V ~ .~ rS ~~ 1 ~~$0 ~~~J ~fy ~ m ~g{ ~aP~o~N~ ` C1~I~i m sic; t'S.~'g~:~a ,~.e~,~~~)`.: ~ O ti ~ C ~ .~? 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