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HomeMy WebLinkAbout2001- 8 Amending the Town Code Title 12, Chapter 7 of the Town of Vail Zoning Regulations to Correct an Error in Procedures Prescribed in Section 12-7H-7, Exterior Alterations or Modifications for Certain Types of Design Review Applications~ • • ORDINANCE NO. $ SERIES OF 20D1 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 7, OF THE TOWN OF VAIL ZONING REGULATIONS TO CORRECT AN ERROR IN THE PROCEDURES PRESCRIBED iN SECTION 12-7H-7 (EXTERIOR ALTERATIONS OR MODIFICATIONS FOR CERTAIN TYPES OF DESIGN REVIEW APPLICATIONS FOR PROPERTIES IN THE LIONSHEAD MIXED-USE I ZONE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning & Environmental Commission of the Town of Vai[ has held a public hearing on the proposed text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning & Environmental Commission of the Town of Vail unanimously recommended approval of the text amendment at its March 26, 2001 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed text amendment furthers the development objectives of the Town of Vail; and WHEREAS, the purpose of #his text amendment is to clarify the intent of the development review procedures for exterior alterations or modifications for buildings in the LMU _ 1 District and to eliminate the existing inaccuracy; and WHEREAS, the Vail Town Council finds that it is imperative to clearly articulate the intent and procedures of the Town's prescribed development regulations and that it would be irresponsible for the Town to allow inaccuracies in the Zoning Regulations to be perpetuated; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adapt these amendments to the Zoning Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify the intent of the development review procedures for exterior alterations or modifications for buildings in the LMU --1 District and to eliminate the existing inaccuracy. • • • Section 2. The development review process for exterior alterations or modifications to new and/or existing buildings located in the Lionshead Mixed Use 1 (LMU-1) District is outlined in Section 12-7H-7, of the Town of Vail Zoning Regulations. Section 12-7H-7, Exterior Alterations or Modifications, is hereby amended as follows: 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in Section 12-TH-7A 2 shall be reviewed by the Design Review Board in accordance with Chapter 11 of this Title. Submittal Items Required: The submittal items required for a project that is not a Major Exterior Alteration shall be provided in accordance with Section 12-'! 1-4 of this Title. The cons#ruction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand {1,000) square feet of commercial floor area or common space, ar 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 of this Title. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 16 of this Title. Complete applications for Major Exterior Alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development far Planning and Environmental Commission and Design Review Board review. ~ • • a. Submittal Items Required, Major Exterior Alteration: The following submittal items a re required: 1. Application: An application shall be made by the owner of the building of the building owner's authorized agen# or representative on a form provided by the Administrator. Any application far 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 application for a Major Exterior Alteration shall include the following items: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property awned 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 shall 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 Lionshead Redevelopment Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing condition an the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, Basemen#s, and other encumbrances, including Schedules A and B3. • • • e. Existing and proposed site plan at a minimum scale of one inch equals twenty 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 twenty feet {1" - 20'}, a roof height plan and existing and proposed building elevations at a minimum scale of one-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 Lionshead Redevelopment Master Plan. f. Sunlshade analysis of the existing and proposed building for the springlfall equinox (March 211September 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: SpringlFall EquinoxSun Angle 10:00 A.M.40° east of south, 50° declination 2:00 P.M.42° west of south, 50° declination Winter SolsticeSun 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 (114" = 1') and a square footage analysis of all existing and proposed uses. ~ • h. An architectural ar massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model sha11 be as determined by the Administrator. i. Photo overlays and/or 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. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or 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 submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Lionshead Redevelopment Master Plan. C.Work SessionslConceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, ar a work session with the Town Council. D.Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, apprvve the application with conditions ar modifications, or deny the application. The decision of the Planning and Environmental • • • Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void two (2) 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 for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 3(1999) § 1) Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is far any reason held to be invalid, such decision shall not effec# the validity of the remaining portions of this ardinance; and the Tawn Caunci! hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact tha# any one or more parts, sections, subsections, sentences, clauses or phrases be 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. Section 5. The amendment of any provision 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 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ! • ! Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shalt not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2001 and a public hearing far second reading of this Ordinance set for the 17th day of Apri{, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~0~~ (~ ~~ ri~ `~~,~ -- ~E~L ~ 4~ Attest: Lorelei Donaldson, Town Clerk ~4~:ohu`~ V Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY THIS 17T" DAY OF APRIL, 2801, IN THE COUNCIL CHAMBERS OF THE VAIL MUNICIPAL BUILDING, VAIL, COLORADO. ~~ ,_ ~. ~~ ~_ Ludwig Kurz, Mayor ~ • ATTEST: .~~`a;~f 5~~~ ~ ,1 Lorelei Donaldson, Town Clerk • ~: ~~~ s~. ~~'~. 4~ a O m x ~, y a c` ro N W N A Q ~ Q~ N ~ ~ 3 ~ ~ ~ ~} cn ~~ a ~" ~~ m~ Q ~. 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WHEREAS, the Planning & Environmental Commission of the Town of Vail has held a public hearing on the proposed text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning & Environmental Commission of the Town of Vail unanimously recommended approval of the #ext amendment at its March 26, 2001 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed text amendment furthers the development objectives of the Town of Vail;, and WHEREAS, the purpose of this tex# amendment is to clarify the inten# of the development review procedures for exterior alterations or modifications for buildings in the LMU -1 District and to eliminate the existing inaccuracy; and WHEREAS, the Vail Town Council finds that it is imperative to dearly articulate the intent and procedures of the Town's prescribed development regulations and that it would be irresponsible for the Town to allow inaccuracies in the Zoning Regulations to be perpetuated; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Zoning Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify the intent of the development review procedures for exterior alterations or modifications for buildings in the LMU -- 1 District and to eliminate the existing inaccuracy. t : • Section 2. The development review process for exterior alterations or modifications to new and/or existing buildings located in the Lionshead Mixed Use 1 (LMU-1 }District is outlined in Section 12-7H-7, of the Town of Vail Zoning Regulations. Section 12-7H-7, Exterior AI#erations or Modifications, is hereby amended as follows; 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in Section 12-7H-7A 2 shall be reviewed by the Design Review Board in accordance with Chapter 11 of this Title. Submittal Items Required: The submittal i#ems required for a project that is not a Major Exterior Alteration shall be provided in accordance with Section 12-11-4 of this Title. The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club unifis, timeshare units, any project which adds more than one thousand {1,000) square feet 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 of this Title. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chap#er 16 of this Title. Complete applications far Major Exterior Alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. : • • a, Submittal Items Required, Major Exterior Alteration: The following submittal items a re required: 1. Application: An application shall be made by the owner of the building of the building owner's authorized agent or representative 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 application for a Major Exterior Alteration shall include the following items: a. Completed application form, filing fee, and a list of al! owners of property located adjacent to the subject parcel. The owners list shall 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 shall be obtained from the current tax records of Eagle County as they appeared no# 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 L.ionshead Redevelopment Master Pian and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing condition on the property ncluding 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. f • • e. Existing and proposed site plan at a minimum scale of one inch equals twen#y 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 twenty feet (1" ~ 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-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 Lionshead Redevelopment Master Plan. f. Sunlshade analysis of the existing and proposed building for the springlfall equinox (March 211September 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: SpringlFall EquinoxSun Angle 10:00 A.M.40° east of south, 50° declination 2;00 P.M.42° west of south, 50° declination Winter SolsticeSun 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 (114" = 1'} and a square footage analysis of all existing and proposed uses. s s • h. An architecturaE or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic materia! to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or 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 submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the 1_ionshead Redevelopment Master Plan. C.Work SessionslConceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council. D.Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental s s • Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. E.I^apse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void two (2) 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. (Ord. 3(1999) § 1} Section 3. If any part, section, subsection, sentence, clause or phrase of this ardinance 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 ar phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4, The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfiare of the Town of Vail and the inhabitants thereof. Section 5, The amendment of any provision 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 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. • • s Section fi. Alt bylaws, orders, resolutions arrd ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed #o revise any bylaw, order, resolution or ordinance, or parfi thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE iN FULL ON FIRST READING this 3rd day of April, 2001 and a public hearing for second reading of this Ordinance set for the 17th day of April, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. -, ~~~ Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY THIS 17~" DAY OF APRIL, 2001, IN THE COUNCIL CHAMBERS OF THE VAIL MUNICIPAL BUILDING, VAIL, COLORADO. ~~,~ ~~_ Ludwig Kurz, Mayor • ATTEST: r~ • • `,,,~~v.,a .~,- f~°.r ,4~< ~ ~ Lorelei Qonaldson, Tawn Clerk ~~ ~~+•~ .• O` ~ ~tq .~ ~,•r • 0~ ~A 1 ~~~ ~~ o' m ~_ 0 c • m ~ n O O a ~ O ~ ~ ~• ~ n Vm~j- ~ !r a o ~ ~ o ~ -" m Q 0 a n: ~ fl Q. 19 O m m ~~ ~N VVV ! '~ -,to~° n .~ ~ o ~m ~ m o ~ ~ ~ ~ ~ n ~ Q Q ~ -~ Q ~ c~ O ~" ~. 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