HomeMy WebLinkAbout2001-19 Amending the Town Code, Title 12, Chapter 6, Article I Housing District, Title 12, Chapter 2, Section 2 Definitions, Title 12, Chapter 13, Section 3 General Requirements, Section 4 Requirements by Employee Housing Unit Type• • •
ORDINANCE NO. 19
sERIES of tool
AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 6, ARTIGLE I,
HOUSING (FI} DISTRICT, AMENDING TITLE 12, CHAPTER 2, SECTION 2, DEfFINITIDNS;
AMENDING TITLE 12, CHAPTER 13, SECTION 3, GENERAL Rfc=QUIREMENTS, AND
SECTION 4, REQUIREMENTS BY EMPLOYEE HOUSING UNIT TYPE; AND SETTING
FORTH DETAILS IN REGARD THERETO.
Wf1ERCAS, the Planning and Environmental Commission of the "T-own of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Town
Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vaif has
recommended approval of these amendments at its August 13, 201, meeting, and has
submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
WHEREAS, the Vail Town Councii considers housing a high priority and recognizes the
Town's role in providing quality living conditions for the community's workforce.
WHEREAS, the Vail Town Council recognizes the need to provide for adequate sites for
employee housing within the Town; and
WHEREAS, the Vaif Town Council considers it reasonable, appropriate, and necessary
to adapt a new zone district to encourage and facilitate the development of employee housing;
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 fT ORDAINED BY THE TOWN COUNCIL ~F THE TOWN OF
VAiL, C~LORAUO, ll IAT:
Section 1. The purpose of this ordinance is to adopt arrrendments to the F~ausing
Zone District, which is intended to provide for adequate sites for employee housing, which,
because of the nature and characteristics of employee housing, cannot be adequately regulated
by the development standards of other residentjal zoning districts; and to amend the regulations
specifically regarding employee housing as it pertains to the Housing Zane District.
Section 2. Title 12, Chapter 6, Articie I. Housing District, shaft be amended as
fnflows:
Urtli~4~Encc rJo. I ~), Series or7(101 - t -
(~fexk which is to be deleted is indicated as stricken. Text which is to be added is
indicated as bold.}
Af~TICLL 1. I-IUUSiNCU (H) DISTRICT
SECTION:
12-';I-1: Purpose
12-61--2: Permitted Uses
12-61-3: Conditional Uses
12-61.4: Accessory Uses
12-61-5: Setbacks
12-61-6: Site Coverage
12-61-7: Landscaping and Site Development
12-61-8: Parking and Loading
12-61-9; Location of Business Activity
12-61-10: Other Development Standards
12-61-11: Development Plan Required
12-61-12: Development Pfan Contents
12-61-13: ^evelaprr-ent StandardslCriteria for Evaluation
12-61-1: PURPOSE:
~~he Housing District is intended to provide adequate sites for deed~estricted employee housing
which, because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed far other residential zoning districts. It is
necessary in this district to provide development standards specifically prescribed far each
development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this
`title and to provide far the public welfare. Certain nonresidential uses are allowed as conditional
uses, which are intended to be incidental and secondary to the residential uses of the Districk.
The Housing District is intended to ensure that employee housing permitted in the District is
appropriately located and designed to meet the needs of residents of Vail, to harmonize with
surrounding uses, and to ensure adequate fight, air, open spaces, and other arl~enities
appropriate to the allowed types of uses.
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H District:
Deed restricted employee housing units, as further described in Chapter 12W13 of this Title.
Massive outdoor recreation areas, and open space.
Pedestrian and bike paths.
12-GI-3: CONDITIONAL USES:
Generally:- l~he fallowing conditional uses shall be perl~nitted ire the H District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
Commercial uses which are secondary and incidental (as determined by the Planning and
Environmental Gommission ) to the use of deed-restricted employee housing and
specifically serving the needs of the residents of the development, and developed in
conjunction with -deed-restricted employee housing, in which case the following uses may be
allowed subject to a conditional use permit:
Banks and financial institutions.
Eating and drinking establishments.
Health clubs.
Personal services, including but not limiked to, laundromats, beauty and barber shops,
tailor chaps, and similar services.
Retail stares and establishments.
Cwelling units (oat employee housing units} subject to tl~e following criteria to be evaluated by
the Planning and Environmental Commission:
A. Dwelling units are created solely for the purpose of subsidizing employee
housing on the property and,
13. Dwelling units are not the primary use of the property. The GREA for dwelling
units shall not exceed 30% of the total GRFA constructed on the property ared,
C. Dwelling units are Drily created in conjunction with deed-restricted employee
housing and,
C7ralincuicc N~~. 19, Scrics ~~I' 7.OII I _ 2 -
• •
•
D. Dwelling units are compatible with the proposed uses and buildings on t#ie site
and are compatible with buildings and uses on adjacent proper#ies.
Outdoor patios
Public and private schools and educational institutions, including day-care facilities.
Public buildings and grounds.
f'f.rblic parks.
Public utilities installations including transmission lines and appurtenant equipment.
Type VI employee housing units, as further regulated by Chapter 12-13 of this Title.
12-GI-4: ACCESSORY USES:
The following accessory uses shall be permitted in the H District:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12 of this Title.
Minor Arcades
Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or
recreation facilities customarily inciden#al to permitted residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and
necessary far the operation thereof.
12-61-5: SETBACKS:
The setbacks in this district shall be 20' from the perimeter of the zone district. A# the discretion
of the Planning and Environmental Commission, variations to the setback standards may be
approved during the review of a developmenf plan subject to the applicant demonstrating
compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and riparian
areas, geologically sensitive areas and other environmentally sensitive areas.
B. Proposed building setbacks will provide adequate availability of fight, air and open space.
C. Proposed building setbacks will provide a compatible relationship with buildings and uses on
adjacent properties.
D. Proposed building setbacks will result in creative design solutions or other public benefits
tl7ak could not otherwise be achieved by canfonllance with prescribed setback standards.
Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R,
PS, and FtC zoned properties, unless a variance is approved by the Planning and
Environmental Carnmission pursuant to Chapter 17 of this Ttle.
12-61-6. SITE COVERAGE:
Site coverage shall not exceed fifty-five percent (55%) of the total site area. At the discretion of
the Planning and Environmental Commission, site coverage may be increased if 75% of the
rectr.rired parking spaces are underground or enclosed, t11us reducing the imr)acts of surface
paving provided witllin a development, and that the minimum landscape area requirement is
met. ,
12-61-7: LANDSCAPING AND 51TE DEVEt_OPMENT:
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 {300) square feet.
1;~-61-8: PARKING AND LOADING
Off-street parking shall be provided in accordance with Chapter 10 of this Title. Na parking or
loading area shall be located within any required setback area. At the discretion of the Planning
and Environmental Commission, variations to the parking standards outlined in Chapter 10 may
be approved during the review of a development plan subject to a Parking Management Plan.
The Parking Management Plan shall be approved by the Planning and Environmental
Commisslan and steal! provide fora reduction in the parking requirements based on a
demonstrated need for fewer parking spaces than Chapter 10 of this title would require. Far
example, a demonstrated need for a reduction in the required parking could include:
A. Proxirrlity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
E3. A limitation placed in the deed restrictions limitir7g the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, ridesr~are
programs, carshare programs, shuttle service, or staggered work shifts.
OE'diunncc N°. 19, ,ticries tir2SlllE - 3 -
• • •
12-6i-9: LOCATION OI" BUSINESS ACS"iVITY:
A. Limitation; Exception: Ail conditional uses by 12-61-3 of this Article, shall be
operated and conducted entirely within a building, except for permitted loading
• areas and such activities as may be specifically authorized to be unenclosed by a
conditional use permit and the outdoor display of goods.
B. Outdoor Display Areas: The area to be used for outdoor display must be loco#ed
directly in front of the establishment displaying the goods and entirely upon khe
establishment's own property. Sidewalks, building entrances and exits, driveways
and streets shall not be obstructed by outdoor display.
12-GI-1U: OTHER DEVELOPMENTf STANDARDS:
Prescribed By Planning and Environmental Commission: In the Ft District, development
sfandards irr each of the fallowing categories shall be as proposed by the applicant, as
prescribed by the Planning and Environmental Commission, and as adopted on the approved
developrrrent plan:
A. Lot area and site dimensions.
B. Building height.
C. Density control (including gross residential floor area).
12~G1-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility With Intent: l"o ensure tl~e unified development, the protection of
the natural environment, the compatibility with the surrounding area and to
assure that development in the Housing District will meet tt~e intent of the District,
a development plan shall be required.
B. Plan Pr'acess And Procedures: The proposed development plan shaft be in
accordance with Section 12-61-12 of this Article and shall be submitted by the
developer to the Administrator, who shall refer it to the Piannir}g and
Environmen#ai Commission, which shall consider the plan at a regularly
scheduled meeting.
C. Hearing; The public hearing before the Planning and Environmental Commission
shall be held in accordance with Section 12W3-6 of thrs Title. The Planning and
Environmental Corrrmission may approve the application as submitted, approve
the application with conditions or 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.
D. Plan As Guide. The approved development plan shall be used as the principal
guide for all development within the Housing District.
E. Amendment Process: Amendments to the approved development plan will be
considered in accordance with the provisions of Section 12-9A-10 of this Title.
F. Design Review Board Approval Required: The development plan and any
subsequent amendments thereto shall recirrire the approval of the Design Review
Board in accordar-rce with the applicable provisions of Chapter 11 of this Title
prior to the commencement of site preparation.
12~-61-1?_: DEVELOPMENT Pt_AN CONTENTS:
A. Submit With Application: The following information and materials shall be
submitted with an application for a proposed development plan. Certain submittal
requirements may be waived or modified by the Administrator if it is
demonstrated that the material to be waived or modified is not applicable to the
review criteria, or that other practical solutions have been reached.
1, Application form and filing fee.
2. A wrikten statement describing the project including information on the nature
of the development proposed, proposed uses, and phasing plans.
3. A survey stamped by a licensed surveyor indicating existing conditions of the
property to be included in the development plan, including the location of
improvements, existing contours, natural features, existing vegetation,
watercourses, and perimeter property lines of the parcel.
4, A title report, including Schedules A and B4.
5. Plans depicting existing conditions of the parcel (site plan, floor plans,
elevations, etc., if applicable.
[lrtlinancc Nu, 19, Scrius of 1.(101 - 4 -
• • •
6, A complete zoning analysis of the existing and proposed devebpment
including a sgErare footage analysis of all proposed uses, parking spaces, etc.
7, A site plan at a scale not srnalfer than one inch equals twenty feet (1" = 20'),
showing the location and dimensions of all existing and proposed buildings
and strr,lctures, all principal site development features, vef~icuiar and
pedestrian circulation systems and proposed con#ours and drainage plans.
8, Building elevations, sections and floor plans at a scale r7ot smaller than ane-
eighth inch equals one foot (1!8" ~ 1'), in sufficient detail to determine floor
area, circulatior7, location of uses and scale and appearance of the proposed
development.
9. A vicinity plan showing existing and proposed improvements in relation to all
adjacent properties at a scale not smaller than one inch equals fifty feet (1" _
5a').
10. Photo overlays and/or other acceptable visual techniques for demonstrating
the visual impact of the proposed development on public and private property
in the vicinity of the proposed development plan.
11. An architectural or massing model at a scale sufficient fo depict the proposed
development in relationship to existing development on the site and an
adjacent parcels.
12. A landscape plan at a scale not smaller than one inch equals twenty feet (1"
20'), showing existing landscape features to be retained and removed,
proposed landscaping and other site development features such as
recreation facilities, paths and trails, plazas, walkways and wa#er features.
13. An environmental impact report in accordance with Chapker 12 of this Title
unless waived by Section 12-12-3 of this Title.
1~. Any additional information or material as deemed necessary by Administrator.
B, Copies Required; Model: With the exception of the model, four (4) complete
copies of the above information shall be subrrtitted at the time of the application.
When a mode! is required, it shall be submitted a minimum of two (2) weeks prior
to the first formal review of the Planning and Environmental Commission. At the
discretion of the Administrator, reduced copies in eight and one-half inches by
eleven inches (8 112" x 11") forma# of all of the above information and additional
copies for distribution to the Planning and Environmental Commission, Design
Review Board and Town Council may be required.
12-GI-13: DErVE.[_OPMENT STANQARDSfCRITERIA FOR EVAL.UAIION:
Tf~e following criteria shat! be used as the principal means for evaluating a proposed
development plan. It shall be the burden of the applicant to demonstrate that the proposed
developr~ient plan complies with all applicable design criteria:
A. Building design with respect to architecture, character, scale, massing and
orientation is compatible with the site, adjacent properties and the surrounding
neighborhood.
B. Buildings, improvements, uses and activities are designed and located to
produce a functional development plan responsive to the site, the surrounding
neighborhood and uses, and the community as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to
preserve and enhance the natural features of the site, maximize opportunities far
access and use by the public, provide adequate buffering between the proposed
uses and surrounding properties, and when possible, are integrated with existing
open space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide safe, efficient
and aesthetically pleasing circulation to the site and throughout the development.
E~. F=nvironmental impacts resulting from the proposal have been identified in the
project's environmental impact report, if not waived, and all necessary mitigating
measures are implemenked as a part of the proposed development plan.
F. Compliance with the Vail Comprehensive Plan and other applicable plans.
(lfd'cnancc Alq, I~), Scricti is620{31 - 5 -
• • •
Section 3, Titie 12, Chapter 2, Section 12-2-2: Defrnifiorrs, is hereby amended as
follows.
(Text which is to be deleted is indicated as strtekert. Text which is to be added is
indicated as bold.)
EMPLUY[~E I-IOUSlNG UNIT (EHU): A dwelling unit which shall not be leased or rented
for any period less than thirty (30) consecutive days, and shall be occupied rented to by
at least one person who is an fulE-time employees employee. ~H~Js-shall-be-allewed in
certain gone-districts-as se#-forth in this-title.-Bevelepment-standards for-EHUs~halt be
as provided in chapter 13--Qf this title:-.f=or the purposes of this definition;-a"f~+ll-tirr+e"
employee shall mean a person who works a minimum of an average of thirty (3~) hours
per week ar more an a year round basis in Eagle County, Colorado. They-e-shall be
five--(5)-categories-of-ErH~Is--Type--T-ype~-I-;-Type-Ell;-hype-IV-and Type-~J--P-rouisians
relating-te each-type-of ~Ht=1--are-set-forth ir+-chapte~1~ef-thfs title.
Section 4. Title 12, Chapter 13, Section 12-13-3: Genera! Requirements, is hereby
amended as follows:
(Text which is to be added is indicated as bald.)
12-13-3: General Requirements ~ Type VI Employee Housing Units:
F. For the purposes of this Title, a Type VI employee housing unit is an
employee housing unit which shall be governed by a written management
plan ar other written program approved by the Planning and Errvironrnental
Commission. The management plan is the principal document in guiding
the use of a Type VI employee housing unit. The management plan shall be
reviewed and approved by the tlanning and Environmental Corrrmission as
part of the conditional use hermit application for a Type Vl employee
housing unit in accordance with the provisions of Chapter 16 of this Title.
G. Management Plan -Required Contents
1. The management plan shall contain all relevant material and
information necessary to establish the parameters of the Type Vl
employee housing unit.
2. The management plan shall demonstrate that Type VI employee
housing units are exclusively used for and remain available for
employee housing, as de#ined in this Title.
3, The management plan shalt provide a mechanism to provide
adequate notice of record to prospective owners to ensure that the
requirements of the plan shall be met with any future changes in
ownership.
4. The management plan shall include adequate prvvisior3s to ensure
that the employee housing units shall be occupied, and shall not
remain vacant for a period to exceed five (5) consecutive months.
5. fVo later than February 1 of eaclt year, the owner of a Type VI
employee housing unit shalt submit 2 copies of a sworn affidavit to
be obtained from the Department of Cornrnunity Devebpment, to the
Department of Community Devetnprnent setting forth evidence
establishir-g that the employee housing unit has been used in
compliance witty the rttanagement plan.
6. Such other items as the Planning and Envirortimental Commission or
the Administrator may deem necessary to the proposed
management plan.
7. Amendments: Amendments to an approved management plan shalt
be reviewed by the Planning and Environmental Commission in
accordance with this Section.
H. Management Plan -Findings:
[)rt{ui,tncc Nn. {'}, ticrics ci1"lt)Uk - G
• • •
In additlOn to tl~e findings in Section 12-16-6B of this Title, the
Planning and Environmental Commission shalt make tl~e following
#indings before approving the management plan:
a. That the management plan is in accordance with the intent
and purposes of Chapter 12-13 and Ghapter 12-61 of this 'Title.
kr. That the management plan effectively provides for the
provision of employee housing as defined in Section 12-2-2 of
this Title.
c. That the management plan effectively provides for adequate
notice to prospective owners a# tf~e requirements of the
management plan and the occupancy requirements fvr a
Type VI employee housing unit.
Section 5. Title 12, Chapter 7 3, Section 12-13-4: Requirements by F_mplr~yee Hosing
Ui7it (EP~tJ) Type, is herr:by amended as follows:
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Section 6. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
ren7aining 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.
Section 7. The Town Counci! 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 8. 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 tl7e 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 9. Ali bylaws, orders, resolutions and ordinances, or parts thereof,
incortsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTROQUCED, READ ON FIRST READING, Af'E'RC)VED, AND ORDERED
PUf3L15HE~D ONCE IN FULL ON FIRST READING this 21st day of August, 2001 and a public
hearing for second reading of this Ordinance set for the 4th day of September, 20D1, in the
Council Chamb~rs~the Vail Municipal Building, Vail, Colorado.
S~.~-
Attest: CD~CORA~j
Ludwig Kurz, M~~r
or lei D naldson, Town Clerk
lirdiirmcc Nn. ]~), Scf ics u1 20111 - 9 -
• • •
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED tPiis 4'"' day of
September, 200~i.
,,
Ludwig Kurz, Mayor
ANTE=ST:
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Lorelei Donaldson, -town Clerk
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Ins councu on hs own motion shall have the
power lo'submll at a regular or special election
my proposed ordinance or any question to a vote
rf Iho re Isteratl aloclors.
Section 5.13 • Rosulls Of Election:
>IectoAr Ivutfngvan 1a pr posped~noitlatWe oedilntance
~pto In its favor, i[ shat! bo considered adopted
Ip on corllllcallon of the ulection results. If con-
icting ordlnancas are approved at [he same
~lortipn, fho one racoiving Ihs greatest number of
fllrma[fvo voles shall prevail to the extent of
uch conhlcl.
rredG®lecloes rypjjn~ 14oa Ieturoferred thsi~
4tdgSilt €tplkrrl vets against it, It shall Ga cansid-
red rspaalsd upon corllficatlon of the alectton
recite.
(c) An ordinance adopted by the electorate
fay not bo amended or repealed for a parted of
x (6) months after the date of the elaclion at
hich it was adopted, and eat - ".,.,.~ Ilauncll
;t1R8 ropaalod Gy Iho electorate may not 6e rere-
tactad for a parted nt six f6) months after the
tts of the alecllon at which It was repealed; ero-
ded, however, that arty ordinance gr rnungff_a ~_
tit may be adapted or amended ar repaelad at
ry tlms by appropriate rsfarendum or initiative
ocodure In accordance with the foregoing provi-
~ns pi this arllcle, ar, If submitted to the elector-
u by iha cauncll on Its own motion.
SECTION 3.
Tha Town Camicil homdy finds, determines
tl declares that this ordinance Is necessary and
spar for the health, safety and welfare of the
wn of Vttll and the Inhabitants thereof.
SECTION 4,
Tha repeal or Iho repeal and revlractment of
y provision of the Vall Municipal Code as pro-
led in thla ordinance shall not a(feM any rigght
Ich has accrued, any duty imposed, any viola-
~ that occurred prior to the effective data here-
any prosecution commenced, nor any other
Ion ar procead}ng as commenced under ar by
uo of the provision repealed or repeated end
~nactad. The repea# of any provision hereby
ill not revive any provision or any ordinance
vlcualy repealed or superseded unless ex-
salystated heroin.
SECTION 5.
All Gylaws, orders, resolutions and ordlnan-
or parts thereof, Incanslstent herewith are
Baled to the extent only of such Inconsistency.
s repealer shall not Ga conslruad to revlso any
rw, order, reaolutlan or ordinance, or part
eof, tharetofara repealed.
INTRODUCED, READ ON FIRST READ-
i^ APPROVED AND ORDERED PUBLISHED
E IN FULL, this 21st day of August, 2041. A
tic hearing shall be held hereon an the 21st
of August, 2001 of the regular meeting of the
n Counclf of fho Town of Vail, Colorado, In
Municipsi Building ~of Ihs Town.
TOWN DF VAIL
Ludwig Kurz
a or
ATTE T:
Lorelei Donaldson
Town Clerk
i'ubtishad In The Vail Trail
on August 24, 2001
Public Notice
PLANNNVG AND
Ei4wRDNMENIAL COMMfSSION
PUBLIC MEETING SCHEOULE
Monday, August 27, 2441
Puhllc Hearing
Town Counclf Chambers - 2:04 p.m.
EasWJest Meadow prive, Vaff Village.IOCa[eu at
A pllcant: Town of Vail
Planner. George Ruttier
TABLED UNTIL SEPTEMBER 14, 2007
8. A request for a final review and rocom-
menda[fon to the Town Council for the adoption
of two view corridors within Lionsheatl, as identi-
fied within Iho Llonshead Redevelopment Master
Plan. View Corridor 1 is located approximately at
iha main pedestrian exit looking southwest to-
wards Iho Gondola lift line- View Corridor 2 Is lo-
cated approximately from the pedestrian plaza a1
the east end of the Lifthouse Lodge looking south
up the Gondola fib Dina. A more specific legal de-
scnption of the two view corridors fs on file at the
Community Development Department.
Applicant: Town of Vail
Planner: Allison Ochs
TABLED UNTIL SEPTEMBER 10, 2001
9. Approve! of August 13, 2001 minutes
10. Information Update
The applications and information about the
proposals are available !or public inspection dur-
ing regular office hours in the pproject planner's of-
fice tocated of the Town of Vall Community Da-
veiopment De{rarlment 75 South F7onta~e Road.
The public is invited to attend project arrentaticn
and the site visits that precede the public Bearing
in iha Town of Vail Community pevelopment De-
partment. Please call 479-2138 for information.
Sign tangghhuage Interpretation available upon re-
2356~ Telep2oneofor Chef Hea~ingPmpalered,lfor in-
rormalian,
TOWN OF VAIL
DEPARTMENT OF
COMMUNITY DEVELOPMEN'i
Published in The Vai! Trai!
on August 24, 200f
Public Notice
NOTICE IS HEREBY GIVEN that the Plen-
ning and Environmental Commission of the Town
of Vah will hold a public hearing In accordance
with Section 12-3-6 of the Municipal Code of the
Town of Vall on September 10, 2001, at 2:00
p.m. In the Town of Vall Municipal Building. In
considaratlon of:
A request for a text amendment to the Public
Accommodation zone district To allow for the ad-
dition of automotive Service stations (with acces-
sory `cornanlence" retail as a conditional use; a
request for a rezaning ~rom "heavvyy Service" so
"Aublla Accommodation" zone district; a request
tar the establishment of a special development
district; a request far a conditional use permit to
allow for the operation aF an automouve service
station {with accessory "conventenos° retell); a
request for a conditional use permit to allow for
the construction of a Frectlonel tee unit club; and
a request for a conditional use permit to allow for
the construction of T~pe Ill employee hcusingg
units, totaled at 28 S. rontaga Road I Lot A, Vall
Village Second Filing.
Applicant: Alplna Ventures, represented by
Fritzlen Pierce Architects
Planner: Brent Wilson
A request for a conditional use permit to al-
low for the construction of a shed at the rear of
the schoolhouse located at 547) Vail Valley
DrivelPar! 01 Tact A, Vail Viifage 7th Filing.
Applicant: Vail Atplne Gordan Foundation,
represented b RgSouthard
Planner; Ann KJarult
I. A requaat far a variance from Sectlan 12-
("Lot Araa and Site pimanslons"), Vaif Town
and a Nnel review of a minor subdivision
rd nt 3834 and 3838 Brldgo Roatlt Lofs 11
2, Bighorn Subdivision tad Add}tion.
Vppllcant: Gary Wolss represented try Steve
t, ArcBltac[
'tanner: Aon KJarult
'. A raqq~ast lot a variance from Section 12-
Vnll Town Code, Ic allow for an addition
raqulred setbacks, located et 5122 Grouse
Lot 7, Block 1, Gore Creek Subdivls€on.
p^Ilcam: John Kuchar represented by Da-
'innnor Allison pchr;
. A raquaal fur a final review and a recour
Ii11on 1o tiro Vail Town Council on a pro-
f amundmont to iha Vall Land Use Plan to
for n change tram a "I_ow pensity Residvn-
nd use catagory to an "Open Spaca° land
alogory tocated at 5206-5'115 Black Gore
Lots 1-7 and Lot i2, Vnll Meadows Filing 2;
request for a final review and a recommen-
fo the VAII Tarkn Council on a proposed ro-
t (ram 'Agrlcullure and Opan Space" to
al Aroa reaorvottan Olslrlct," located at
i2D7 Black Gora DdvelLOls 1.4. Vail Mead-
ifingg 2.
opllcant: Town of Vall
anner: Brom Wilson
A request for a ilnat review and a recan-
ttion to the Vail Town Council on a pro-
amendment to 1ha Vali Land Use Pfan to
or a change from a "Lnw pensily Residem
nd use catsgor to en"Open Space"land
degaryy, located at 3800 and 3896 Lupine
-ots 15 & 18, Bighorn Subdlulsion Second
~n; and a request for q final rsvlew and a
trendatfon to the Vall Town Council on a
ed rezaning tram "two-Famhy Prlmery!
Lary Raeldential" to "Natural Araa Preser•
Dlatricl" located at 3880 Lupine DrivalLot
(horn Subdlvlslon Second Addlllon; and a
1 for a final revlaw and a racommanda[lon
dell Town Council on a proposed rezoning
~grlculture end Open Space" to "Natural
'reservation Dlslrlct" located at 3896 Lu-
rivelLot f6, Bighorn Subdivision Second
n.
plicant: Town of Vall
inner; Brent Witsan
A request far a final ravlsw and recom-
:fon to the Vall Town Council on proposed
soaping" amendments andlar corrections
11, Vgll Tawn Coda ("Sign Regulations" ,
', Vall Town Code ("Zoningg Regulations"~,
1, Vail Town Coda {"Subdlvlslon Regula-
and Tltla 14, Vell Town Code {"Devslop•
tgndarda"), and setting forth details in re-
orolo. A detai#ed doscripllon of the pro-
;oxt umondmrrlits is evailahlo al the Du-
~t ul Comnrunily Dovelopment.
A request for a motor subdivision, a request
1o amend the Vail Land Use Plan to change iha
designation from "Open Space" to "High Density
Hesidemlal", and a request for a rezoning from
"Natumi Area Preservation District" to "Housing
Zone District" to allow for the development of em-
ployee housing at the silo known es Mountain
Bell, located on an unplatted place of property at
160 North Frontage Road. A complete metes end
bounds legal descripttion is available at the De-
partment of Community Development.
Applicant: Town of Vafl Housing Auihorily
represen;ed by Odell Architects
Planner: Allison Ochs
A request for a rezoning from "Special De-
valojlment District No. 10" to "Housing Zone pis-
trlcl' located al Timber Ridgge Village, 1260 North
Frontage Road WestlLots C-1 through C-5, Lion-
sridga Filing No. 1.
Applicant: Town of Vail
Planner: Allison Ochs
A request for a final review and a recommen-
dation tp the Vall Town Gpuncil on proposed ree~-
lions to Title 14 {"Development Standards"), Vail
Town Code, re~artling the use of alternate build-
ing materials within the Town of Vail, and seding
forth details in regard thereto.
Applicant: Town of Vall
Planner: BII! Gibson
A request for a final review and a recommen-
dation to the Vail Town Council on the Town of
Veil's proposed amendment to the Town of Vail
Strae[scapa Master Plan, located at lwastlWest
Meadow Drive, Vail Villagge.
A pllcant: Town of Vaff
Planner: George Ruthar
A request for a final review and recommen-
dation to the Tawn Council for the adoption of
two view corridors within Llonshead, as identified
wllhin the Llonshead Redevelopment Master
Plan, Vlew Corridor 1 is totaled approximately a[
iha main pedestrian exit looking southwest to-
wards the Gondola Ilh tine. View Corridor 2 is lo-
cated approximately From the pedestrian plaza et
the east end of the Lifthouse Lodge (coking south
up fho Gondola lib line. A more specific legal de-
scnptlon of Rte two view corridors Is on Ills at the
Community Dovelopment Department.
Applicant: Town of Vefl
Pllanner. Allison Oche
The applications and Information about the
roposals are availaGle for public Inspectton dur-
Png regular office hours in the project planner's oi-
flce totaled at iha Town of Vail Community De-
velopment Department, 75 South Frontage Road.
The public is Invited to attend project orientation
and the site vishs that precede the public hearing
in the Town of Vait Community Development Da-
pariment. Please call 479-2736 for information.
Sign language interpretation availadle upon re-
quesl with 24-hour notification. Please call 479-
2366, Tplophone for the Roaring Impaired, for in-
formation.
..v e~vR~
ORDINANCE N0.23
Series of 2001
CONVEYANICE OF AN EASEMENT TO THE
BOOTH FALLS HOMEOWNERS
ASSOCIATION TO CONSTRUCT A ROCK
FALL MITfGATIDN WALL DN A POR710N OF
PARCEL F, VAIL VfLLAGE 127W PILING
MOREN UD LY DESCRIBED AS FOLLOWS:
A parcel of land North of and adjacent to a
part of Lot 1, Black 2 Vall Village Tweffih Filing,
County of Eagle, State of Colorado more particu-
larly described as:
Beginning at the Northeast Corner of said
Lot 1; thence N89 degrees 24'12" W 42.85 feet to
a point on the Northerly Boundary of said Lot 1,
which Is the TRUE POINT OF BEGINNING;
thence NDO degrees 18'14" E 150.00 feet; (hence
N89 degrees 24'13" W, 534.12 feet; thence SOD
degrees 16' 14" W 150.00 feeF !o the Norlhwest-
eriY Corner of said Lot 1; thence 583 deggrees
24 #3" E 534 12 teat along the Northerly Boun-
dary of Bald Lpt 1 and along Ihs East-West Cen-
terline of sold Section 2 to the TRUE POINT OF
BEGINNING.
WHEREAS, the Town of Vail Is the owner of
certain proporfy known as a the Portion of Parcel
F, Vall Village 12th Flling.
WHEREAS, this property was acquired by
[ha Town of Vail from the U.S. Forest Service
through a Land Exchanga~ wllhout deed restric-
tion concerning use or transfer; and
WHEREAS the property located on 3094
Booth Falls Road fs located in a severe rockfalf
hazard and there has been a history of rockfall
damage to that property.
WHEREAS the creation of a rockfall miliga-
iion wall is critical to help protect the safety of the
inhabitants of 3094 Booth Falls Road and to re-
duce the risk of property damage to that property.
WHEREAS the State of Colorado Geological
Survey has provided a letter which concludes
that this wall is "an excellent design" and "wit!
provide rockfsfl protection for the Booth Falls
Town Homes;
WHEREAS the Town of Vail Design Review
Board approved the design an August 15th,
2001.
THENTOYUNHCOUNCLETtfEITOWNAOF VAII„,
COLORADO that:
SECTION 1.
The Town Council hereby approves an ease-
ment on the property far the purpose of con-
structing a Rockfell Mitigation Wali.
SECTION 2.
The Town Manager Is hereby authorized antl
directed to execute an easement with the Booth
Falls Homeowners Associatfgn to allow the con-
atrtictiora of said wall on a porllon of Parcel F, Vail
Village 12th Filing,
SECTION 3.
If any part sectlan, subsection, sentence,
clause or phmse~t this ordinance is for any rea-
son held 1o be Invaild, such tleclsion shelf not af-
fect the validity of the remaining portions of this
ordinance; and the Town Council hereby de-
clares it would have passed this ordinance, and
oath part, section, subsection, sentence, clause
or phrase thereof, regardless o€ the fact that any
ono or more parts, sections, subsections, senten-
ces, clauses or phrases be declared Invalid.
SECTION 4.
The repeal or the repeal and reenactment of
any provision of fho Municipal Code o1 the Town
of Vail as provided In this ordinance shall not af-
fect any right which has accrued, any duty Im-
posed, any violation that ocourted oiler to the ef•
fective date hereof, arty prosecution commenced,
nor any other action or proceedings as com•
mencstl under or by virtue of the provision re•
pea€ed ar repealed and reenacted. The repeal of
any provision hereby shall noT revive any provi-
sion or any ordinance previously repeated or su-
perseded unless expressly slated hereln-
SECTION 5,
All bylaws, orders, resolutions, and ordinan-
ces, or parts thereof, inconsistent herewith are
repeated to the extend onlyy of such inconsisten•
cy. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part
thereof,lherefofore repealed,
INTRODUCED, READ, APPROVED AND
ORDERED PUBLISHED pNCE IN FULL ON
FIRST READING ibis 21st day o1 August, 2401,
and a public hearing for second reeding of this
Ordinance Is set for iha 4th day of September,
200? a1 7:00 p.m. in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
TOWN OF VAIL
Ludwig Kurz
Mayyor
ATTEST:
Lorelei Donaldson
Town Clark
Published in.The Vail Trail
on August 24, 2001
Public No#ice
ORDINANCE NO.19
Series of 2001
AN ORDINANCE AMENDI~IGTHSTOWN
CODE, TITLE 12, CHAPTER B, ARTICLE I
HOUSING (H) DISTRICT; AMENDING TITLE
12, CHAPTER 2, SECTION 2, DEFINITIONS;
AMENDING TITLE 12 CHAPTER i3,
SECTION 3, GENERAL REQUIREMENTS,
AHD SECTION 4, RI:GUIREMENTS BY
EMPLOYEE HOUSING UNITTYPE; AND
SETTING FORTH DETAILS
IN REGARDTHERETO.
WHEREAS; the Pianning and Environmental
Commission of the Town of Vah has held public
hearings on iha proposed amendments in ac-
cordanpe with the provisions of the Town Code of
the Town of Vail; and
WHEREAS, [he Plenning antl Environmental
Commission of iha Town of Vail has recommend-
ed approval of these amendments at its August
13, 2001, meeting and has submitted ifs recom-
mendaE€on to the Vail Town Council; and
WHEREAS, the Planning and Environmental
Commission finds that fho proposed amend-
ments luriher the development objectives of the
Town of Vail; and
era, aro ca aaop[ mere amendments to the Zon-
ing RoggWWu~~fatlons.
THE TOOWN COUN~L OFBTHE TOWN IOF VAIL,
COLORADO. THAT:
SECTION 1.
The purpose of this ordinance fs to adept
amendments to the Housing Zone District, which
is intended to provide for adequate sites for em-
ployee housing, which, because of the nature
and characteristics of employee housing, cannot
be adequately regulated by the davelopmen!
standards of other residential zoning d151ricls;
and to,amend the regulations specificallyy reggard-
ing employyee housing as It pertains l01he Hous-
ing Zone District.
SECTION 2,
Thle 12, Chapter 6, Article L Housing Oisfrict,
shall Ge amended as follows;
. Text which is is be deleted is indicalod as
held.) Text which is to be added is Indicated as
ARTICLE I. HOUSING (H) D15TRIGT
SECTION:
12-61.1: Purpose
12-fit-2: Permitted Usas
12.61-3: Conditional Uses
12-61-4: Accessory Uses
12-61-5: Setbacks
12.61-6: She Coverage
12-6i-7: Landscaping end Siie Development
12-6t-8: Parking and Loading
12-61-9: Locallon of Bus{Hess Activity
12-61-1p; Ofhar Development Standards
12.61-1 is Daveiopment Alen Required
12.61.12; pevelopment Plan Contents
12-61-13: Development StandardslCrlterfa for
Evaluation
12-61-1: PURPOSE:
The Housing District is Intended to provide
adequate sites for daerr•-.rsektafag employee
housing which, because oFlhe nature and char-
acteristics of employee housing, cannot he ada•
quately regulated by the development standards
Prescribed for ether resfdantial zoning districts. It
rs necessary in this district to provide develop-
ment standards specifically prescribed for each
development proposal or pro]act to aohleve the
purposes prescribed in Section 12-1.2 of this Ti•
tie and to provide for the public welfare. Certain
nonresidential uses are allowed as oondlttanal
uses, which are intended to be Incldantal and
secondary to the resldentlal uses of the Dlshlct.
The Housing DisVDct Is Inlcnded to ensure that
employee housing permitted In the pisfrlct is ap•
proprlataly tocated and designed tb meet the
Heads of residents o! Vail, fo harmonize with sur-
rounding uses, and to ensure adequate tight, air,
open spaces, and other amenities appropriate to
the allowed types of uses.
12-67.2; PERMITTEp USES:
The following uses shall be permitted in the H
District:
Deed restricted empployee housing units, as
further described in Cftapter 12-13 01 th[s Tl-
tle-
Passlva outdoor recreation areas, and open
space.
Pedestrian and bike paths.
12.61-3: CONDITIONAL USES:
shall be~ dhfn tfreaHlDrsVictnslubjeclt tosis-
suance of a conditional use permit in accordance
with the provisions of Chapter 18 of this Title:
Gommarclaf uses which are secondary and
incidental {as determined by the Planning and
Environmental Commission) fo the use of deed
reetrletael employee housing and specl11ca11yy
serving the needs of the residents of the dgyel-
opmant, antl developed in cohjunction with daeri
reetrieied employee housing, in which case the
following uses may be allowed subject Ea a condi-
tional use parmlt:
Banks and financial institutions.
Eating and drinking estabiiahmonts.
Health clubs.
Personal services, including but not limlTed
to, Laundromats, beauty and barber shops, taller
shops, and similar services:
Retail stores and establishmenfs.
Dwell#ng units {nos employee housing units)
subject to the following critorla tc bo evaluated by
the Planning and Environmental Commission:
A. Dwelling units are created solely for the
purpose of subsidizing employee housing an iha
property and,
B. Dwelling units are not fho primary use of
the proporfy. The GRFA for dwelling units shall
not exceed 30% of the total GRFA constructed
on iha propperty and,
pwetling unks are only created in con}unc-
tion with deed-reakieted employee housingg and,
Dwelling units are compatible with the pro-
posed uses and buHdings on the site and are
compatible with buildings and uses on adjacent
properties.
Outdoor patios
Public and private schools and educational
institutions, including day-Dare faclliries.
Public Guildings and grounds.
PabhC parks.
Public utilities installations Including trans-
mission lines and appurtenant equipment.
Type VE employee housing units, as fur-
therregulated by Chapter 12-13 of this TI11e.
12-tit-4: ACCESSORY USES:
Tha following accessory uses shaft ba per-
milted in fhe H District:
Home occupations, subject to issuance of a
home occupetlon permll in accordance with [he
provisions of Secttan 12-1412 of this Tltla.
Minor Arcades
Prlvete greenhqusas, tool shads, playhous-
es, attached .garages or carports,. swimming
pools, or recreation tacilllles customarily Inciden-
tal to permitted residential uses.
Other uses customarily incidental and acces-
sory to permitted ar conditional uses, and neces-
sary for the operation thereof.
12-61-5: SETBACKS:
The setbacks in this district shalk be 20' from
the perimeter of the none district. At the dfscre-
tlon of the Planning and Environmental Commis-
sion, variations So the setback standards may be
approved during the review of a development
plan subject to the applicant demonstrating com-
pliance with the following criteria:
Proposed building setbacks provide neces-
sary separat[on between buhdings and. r€partan
areas, gaologlcally sensitive areas and other an-
vironmantally sensilva areas.
Proposed bottling setbacks will provide ada-
quata availability of light, air and open space.
Proposed building setbacks will provide a
compatible relationship wish buildings and uses
on adjacent properties.
cant (55 %) of th
of the Plenning
site coverage m
quired parking
closed, thus red
Ing provided wit
minimum landsc
12-6h7: LAI
OPMENT:
At leas[ ihir
area shall ba h
and length of an
shall be fifteen fE
loss than three h
12-fit-8: PAf
OfF-street pr
cordance with CI
ing or loading an
quired setback ar
ning and Envlrol
to the parking s!
may ba approved
Inert plan aubjr
Plan. The Parkinc
proved by the Plr
mission and shat
parking requrrem
need for fewer pa
this title would ra
slrated need for s
Ing couldinclude;
Proximity or ;
aF transportation ii
tic transit or spu[11~
A limitation 1
limping the numbs
A demonstral
Ing, Gut not limits
share grograms,
work shifts.
12-61-9; LOCr
TY:
Limitation; Eiu
12-61-3 of this Artf~
ducted entirely wll
muted loading are
be specitlcally autl
condditional use pa
goods.
Outdoor DisppU
for outdoor displa'
front of the astabl
and entirety upon
arty. Sidewalks, t
driveways and sire
outdoor display.
12-61-f 0: OTH
ARDS:
Prescribed by
Commission: In 1
standards in each
shall be as proppooe
scribed by fho Pian
misslon, and as ar
velapment plan:
Lot area and sf
Building height
Density centre
floor dreaj.
111-r1~ Val!>I~ Tr3p.>I[w / A~~~us~1~ 2~-30,
ved proposed landscaping and other site de
apmeni features such as recreation fac[flties,
hs and balls, plazas, walkways and water fea-
ta
An environmsntet Impact report in accord-
•e with Chepptar 12 of this Title unless waived
Section 12-12-3 of this Tllle.
Any adtlhlanal Informetlon ur mstadal as
amed necessaryy byy Administrator.
Copies Reyulrad; Model: With fhe exceptEon
the model, tour {4] complete copies of the
we Informetlon shall ba submitted ai the time
the apptlcation. When a model Is requred, h
ill ba submitted a minlmum at two (2) weeks
x io the flrat formal review of tine Planning and
virvnmenlal Commisslan. At tho dlscretlon of
Adminislrator, reduced copies in al~ht and
a-hall inchos by oleven Inches f8 t12 x 11")
mat of all 01 the above Informetlon and addi-
~al copies for distridutlan to iha Planning and
viranmental Commlaslon, Design Review
and and Town Councli maybe required.
12-61.13: DEVELOPMENT STANDARD51
IITER(A FOR EVALUATION:
Tho following crlleda shell be used as the
ncipal means for evaluatin a pproposed daval-
ment plan. It ahail be the ~urden of the appli-
nt to damanslrate that the proposed devalop-
mt plan compllss whh all appllcablo design cri-
la;
Building design whh respect to architecture,
erecter, scale, massing and orientation is cam-
tible with the alto, udjacsnl properties and Iha
rroundlrig neighborhood.
Buildings, Improvements, uses and activities
a designed and located to produce a funatlanal
velopment plan reaponsiva to the site, tho sur-
anding nelghharhood and uses, and the com•
lofty es a whole.
Open apace and landscsping are both tunc-
nal and aestttatlc, era daslgned to preserve
d anhanns the natural features of [ha site,
3ximize opportunltiea for access and use by the
Gilt, provide adequate buf(aring between fhe
aposad Usos and surrounding properties, and
ten possible, are integrated with oxisling open
ace and recreation aroas.
A pedestrian and~vehlcular circulation sys~
n deelgnad to provide sale, elliclent and aes-
sllcaity pleasing clrculatlon to the she end
oufl~7~out the development.
Envlranmantal Impacts resulling from the
opasnl-have been Identified In the project's en-
onmenlai Impact report, II not waived, end all
~cessary miilgating measures are implemented
a part of the proposed development plan,
Cnmplianca with the Vail Comprehensive
an sad other appllcablo plans.
SECTION 3.
Tills 12, Chapter 2, Section 72.2-2: Uofirrti
rns, Is hereby amended as follows.
(Text which Vs to be deleted is Indicated as
riekew. Text which Is to be added Is Indicated as
old.
MPLOYEE HOUSING UNIT (EHU): A
vellVng unll which shall not be leased or rented
r any period less Ihan thirty (39) consecutive
rye, and shall be occupied rewieN-Ae by at
ast ana peroon who Is an It~IFrlwre-er»yteyaae
nployae. ~.Flile-skalpha-a114eMwc::•...:,y.., ....>
_ __t ,_.,.,. ,_ _ .:.
~tle, Fvr the purposes of this dsfinl•
rn, a~IraN-11raa: employee shall mean a person
ho works ~ an average of thlrtY (30)
ours per Waek or more on a year round bawls
i Eag1a Count , Calora_do. ~3t~ive
> . ~ ~ ~ ,
~ .,~ .,
SECTION 4.
Title 12, Chapter 13, SaClian 12-13-3: Gen-
m! Raqulromenfs, Is hereby amondad as to!-
~ws:
(Toxt which Is to bs added is Indicated as
ofd.)
12.73-3: General Requirements -Type V3
mptoyea Housing Units:
F. For the purposes of this Title, a Type VI
mployea housing unit Is an employee housing
nil which shall ba governed by a written man-
gomont plan or other written proggram approved
yy the Planning and'Environrnental Commission.
he mane~~amenf plan le the principal document
t ulding the use o1 a Type Vt employee housing
oft. Tha management plan shall ba reviewed
nd approvod by 1ha Planning and Environmental
menu of the plan shah be met won any tutus
changges in ownership.
Tha management ptan shall include ade-
quate provisions to ensure that the employee
housing units shell be occupied, and shall not re-
main vacant for a period to exceed five {5} con-
secutive months.
No later than February t of each year, the
owner of a Type VI employee housing unit shall
submit 2 cople~ of a sworn affidavit to be vb-
talned from the Department of Community Osvel-
opmenL to the Department of Community Davel-
vpmoni setting forth ev(dence establishing that
the employee housing unit has been used in
compliance with the management plan.
Such other items as the Planning and Envi-
ronmental Commission or the Administrator may
deem necessary to the proposed management
plan.
Amendments: Amendments tc an approved
management plan shall be reviewed by the Plan-
ning and Environmental Commission in accord-
ance with this Section.
Menagameni Plan -Findings:
In addition to the findings In Sacticn 12-16-
66 of this Title, the Planningg and Environmemal
Commission shall make the follow[ng findings be-
fore approving the management plan:
That the management plan Is in accordance
with the Intent and purposes of Chapter 12-13
and Chapter 12-51 of this Title.
That the management plan effectively pro-
vldes tar the provision of emplo~ae housing as
defined in Secifvn 12-2-2 of this T tie.
That the management plan effectively pro-
vides for adequate notice to prospective owners
of the requirements o1 the management plan and
the occupancy requirements for a Typo Vl em-
ployee housing unit.
SECTION 5.
Title 12, Chapter 13, Section 12-13-4: Ra-
quiremenls by J_mployee Nousing Unif (EHUJ
Type, Is hereby amended as follows:
Section 12-13-4
SEF CHART BELOW
SECTION 6.
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any rea-
son held to be invalid, such decision shall not ef-
fect the validity of the remaining porllons of this
ordinance; and the Town Councli hereby da--
clares 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, senten-
ces, clauses or phrases be declared Irivalid.
SECTICN 7.
The Town Council fisreby finds, determines
and declares that this ordinance is necessary and
proper for the health, safety and welfare of the
Town of Vall and the inhabitants thereof.
SECTION 8.
The amendment of any provision of the
Town Cade as provldad in this ordinance shall
no[ affect any right which has accrued, any duly
Impposed, any violation that occurred prior 1o the
effective date hereof, any prosecution com-
menced, nor any other action or proceeding as
commenced under or by virtue of the provision
amended. The amendment of any provismn here-
by shall not revive any provision or any ordinance
previously repealed or superseded unless ex-
prassiy stated horeln.
SECTION 9.
AI! bylaws, orders, resolutions and ordinan-
ces, or parts thereof, incansislent herewllh are
ropaared to the exten? only of Such incOnsiatency.
This repealer shag not be construed to revise any
bylaw, order, resolution or ordinance, or par[
Ihareof, theretofore repealed
INTRODUCED, REAb ON FIRST READ-
ING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 21sS
day of August, 2001 and a public hearing for sec-
ond reading of this Ordinance net for ttie 4th day
of September, 2001, in the Ccuncil Chambara of
the Vail Municipst Building, Vail, Colorado.
TOWN OF VAI L
Ludwig Kurz
Mayor
ATTEST:
Lorelei Donaldson
Tawn Clark
Published in The Vail Trait
on August 24,20a1
ErIU Zaning Districts
Permitted By Right Or By
Conditional Use
'type III Permitted Use:
Llanahead Mlzed Usa t
Llonshead Mixed Use 2
Housing
Contlillonal Use:
Residential Cluster
Low Oensiiy
Mulllpfe-Family
Metllum Oenslty
Msllllple-Family
High Aenshy
Multiple-Family
Public Accommodation
Commercial Core 1
Commercial Cora 2
Commercial Core 3
Commercial Service Gehter
Arterial Business
Parking Dletrict
General Use
Ski BaselRecreallon
SECTION 12-6C-3, SECTION 12-6D 3,
SECTION 12-6E-3, SECTION 12-6F-3,
SECTION 12-6G-3, SECTION 12-6H-3,
SECTION 12-TD-2, SECTION t2-7E-4,
SECTION 12.7F•4, SECTION 12-71-5,
?CTION i2-SC3 AND SECTICN 12.130.3
OF THE TOWN OF VA(L ZONING
tEGULATIONS TO ALLOW FOR HOME
OPERATED AS HOME OCCUPATIONS,
SUBJECT TO THE ISSUANCE OF A
CONDITIONAL USE PERMIT, IN EIGHT
RESIDENTIAL ZONE DISTRICTS ANDTO
ALLOW CHILD DAY CARE CENTERS TO
BE OPERATED FN FOUR COMMERCIAL
AND BUSINESS ZONE DISTRICTS, ONE
SPECIAL AND MISCELLANEOUS ZONE
DISTRICT AND ONE OPEN SPACE AND
RECREATION ZONE DISTRICT, SUBJECT
TOTHE ISSUANCE OF A CONDITIONAL
USE PERMIT, AND SETTING FORTH
DETAILS IN REGARDTHERETO.
Copies of this ordinance are avallabla for
public inspection in the office of the Town Clerk
dur€n normal business hours.
INTRODUCED, READ AND APPROVED
ON SECOND READING AND ORDERED PU13-
LISHED BY TITLE=ONLY this 21 st day c( August,
2001.
TOWN OF VAIL
Ludwig Kurz
- Mayor
ATTEST:
Lorelei Donaldson
Town Clark
Published in Tha Vaii Trail
on August 24, 2001
Public Notice
ORDINANCE N0. 14
Series of 2D9t
AN ORDINANCE ON A REFERRED MEASURE
SUBMITTING TO THE REGISTERED
ELECTORS OFTHE70WN OP MINTURN A7
THE COORDINATED ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 6, 200i,THE
BALLOT ISSUE:5HALLTHHTOWN OF
MINTURN, COLORADO BE AUTHORIZED AND
PERMITTEDTO SELL A PORTlDN OF BAYER
AVENUE, BEGINNING AT i30ULDER STREET
AND EXTENDINGTR MAIN STREET,
APPROXIMATELY 1,500 SflUARE FEET, FOR
THE SUM OF FIFTY-THOUSAND DOLLARS
($EXPEND $ 0 000 NLEXCESS REYENIUES, D
NOTWiTHSTANDINGTHE LifNITATIONS OF
ARTICLE X, SECTION 20 OFTHE COLORADO
CONSTITUTION, EFFECTIVE JANUARY 7,
1995, PROVIDED HOWEVER THAT NO SALES
TAX, USE TAX OR PROPERTYTAX MILL
LEVY SHALL BE INCREASED AT ANYTIME
NOR SHALL ANV NEW TAX BE IMPOSED
WITHOUTTHE PRIOR APPROVAL-, OFTHE
VOTERS OFTHEI-OWN OF MINTURN?
PROVIDING FOR NOTICE OFELI=CTION;
PROVIDING FOR CONDUCT OFTHE
ELECTION; PROVIDING FOR DETAILS IN
RELATIDNTOTHEFOREG0ING.
' WHEREAS, the Town of Mlnturn desires to
salt a poRiun of Bayer Avenue that has Gaon
leased as parking and used as parking for,lhe
past 20 years; and
WHEREAS, it is of the opinion that i1 is in the
best interests of the citizens of the Town of Mln-
turn that the Town of Mlnturn ba authorized to
sell the property, collect and expand the tukl reve-
nues genarafad from the sale of iha property, for
the purpose of debt service, municipal vpara-
tions, capdal projects, and meeting general abli-
gations, notwithstanding any State restriction on
fiscal year spending, including the restrictions of
Article X, Section 24 (TABOR) of the Colorado
Constitution- and
WHEREAS, Article X, Section 24 of iha Col-
orado Constitution, authorizes the Town of Mln-
turn to refer the ballot issue herein submitted to a
vote of the registered electors of the Town of
Mlnturn as a "public land sale", and
WHEREAS, Article X, Section 20 of tfie Col-
ion that such ballot issus~should properly be deg
ctdad by the registered electors of the Town of
Mlnturn,
NOW, TREREFORF, THE TOWN COUNCIL
OF THE TOYJN OF MINTURN, COLORADO,
ORDAINS:
SECTION 1.
At the coordinated elacllon to be held a1 the
polpng place of the Town of Mlnturn an lbesday,
the 6th day of November, 2001, betwoan the
hours of 7:00 a.m. and 7:00 p.m., there shall bo
submitted to the vote of the registered electors aF
lha Towh o3 Mlnturn the ballot issue hereto au-
thorized.
SECTION 2.
At the said a€ecj~on, the official ballot, includ-
ing absentee ballots, shall stale the substance of
the ballot issue to be'voted upon and so stated
shall constitute the ballot title, designallcn and
submission clause, and each rogistered elector
voting of the olectian shall indicate his or bar
choice on the ballot issue submitted, which shall
be In the fallowing form:
BALLO715SUE NO.1
SHALLTHE TOW N OF MINTURN, COLORADp
BE AUTHORIZED AND PERMITTED TO SELL
A PORTION OF BAYER AVENUE, BEGINNING
AT BOULDER STREET AND EXTENDING TO
MAIN STREET APPROXIMATELY 1,SQ0
SQUARE FEET, FOR THE SUM OF FIFTY-
THOUSAND DOLLAAS ($5D,000) ANA BE
ALLOWED TO RETAIN AND EXPEND $50,000
iN EXCESS REVENUES, NOTWITHSTANDING
THE LIMITAT[ONS OF ARTICLE X, SECTION
20 OFTHE COLORADO CONSTITUTION,
EFFECTIVE JANUARY 1,1995, PROVIDED
HOWEVERTHAT NO SALESTAX, USETAX
OR PROPERTYTAX MILL LEVY SHALL BE
INCAEASED AT ANYTIME NOR SHALL AN
NEWTAX BE IMPOSED WITHOUTTHE
PRIOR APPROVAL, OFTHE VOTERS
OF THE TOW N OF MINTURN?
YES ._~. NO
SECTION 3.
If a majority of all lhs votes cast at the elec-
tion obeli be for the measure, the measure shall
be deemed passed, and the Town of Mlnturn
shah be authorized to collect, retain and expend
the full revenues in accordance with the ap-
proved measure aril to budget and appropriate
such revenues and expenditures apparE from any
other expenditure of the Tawn whoh may he Ilm-
ited pursuant to Artiste X, Section 20 of the Golo~
redo Constitution and notwithstanding the pas-
sage of any other Slats of Colorado In tiativa tim-
Iting such collection or expenditure, and the reve-
nues authorized for expenditure by the passage
of this measure shall not be counted in any such
expenditure limitation.
SECTION 4.
The election shall be conducted under the
provisions of the Charter and Ordinances of 1hs
Town of Mlnturn and, to the extent applicable un-
derthe provision of the Colorado Municipal Elec-
tion Code as sat fprlh in Title 3i, Artiste 10 of Shs
Colorado Revised Statutes [C-R.S-) and, to the
extent appplicable under the provision of the t~lac-
ricn Cads as set forth in Tit#e 1 of the Colomdo
Revised Statutes (C.R.S.y.
SECTION 5.
The Eagle County Clerk and Recorder pur-
suant to the Intergovernmental Agreement shall
give public notico of tits election on the ballot is-
sus hereby submitted (a) by cousin the notice to
ba published as provided by law, {b~ by mailing to
"all registered voters" at each address within the
Town of Mintum at which a voter is registered at
least thirty (30) days before the election a notice
entitled "Notice o! Election on a Referred Meas-
ure:'
This notice shall Include only:
i the elacllon date and hours for voting,
~2 the ballot tiNe,
3 the text of the measure to be voted upon,
4 ihs office address and telephone number
))J) lac ion office and
of the total a t
(5) two (2) summaries, not more than iiue
hundred (500) words each, one (1) for and one
((i) against iha measure, of written comments
fVted with She Town Clerk no later than forty-five
(45) days before the election.
No summary shall mention names of per-
sons ar pdvate groups, nor any endorsements of
or resolutions against the measure to ba voted
upon.
Tha Town Clerk is haroby designated as the
Ownership? Additional Additional Site Garage Parking MinimumlMaximum Denslly
Transference GRFA CovemgelRaduced CrediVStorage GRFA Ot An EMU
Landscape Area Requirement
Tho EHU Per Section nla n!a Per A. Dwelhng Unit Format: Not counted
may be sold 12-15-3 of Chapter 10 300 sq. ft. minimum as density
orlransterred this Title, otlhisTilla 1,2405qq h. maximum.
separately. Type NI
empSoyee B. Dormitory Format:
200 sq. ft. minimum ,
housing 500 sq. ft. maximum
units are Dormitory format may
excluded oonslst of several
tram the bedrooms shadng
calculation common kitchen and
of GRFA bathing facllhies in a
variety of formats or
arrangements, in
which case may
exceed the 500 sq. h.
maximum
Type VI Conditional Use: As overned
Housing byy the
Managemanf
Plan.
Shall not bs
subdivided or
or divided Into
any form of
timeshares,
Interva4
ownership ar
fractional tee.
Allowable Allowable site Requirements Par Chapter Altowa6te GRFA shall be Allowable
GRFA shall be coverage and shall be i 0 of this determined by the
- density shall
determined by landscape area determined by ironmental be dsterrnlned
Titlr4 or as Planning and Env
the Planning
and shall be
determined hylha thePtanning
and required by Commission
the Planning by the
Planning and
Environmental Planning and Environmental' and Environmental
Commission Environmental Commission Environmental ~ Commission
Commission Commission
~~ T'1E-fE vAIL T}~.4II. / Au~us~r 24-30, 2001
{f t (^1~ . 't 'R' 'k .' k;'- r,r,, .r. . -.°~ C'f ~:~r; i~3.
ti V ,; ~`.~