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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: ( lydinnncc Nn. l~), ,tici ics nf'2UUI - 7 - V' r~ rv C . j N u. [Y ca E a E U7 c m • m a a~ u o ~ ~~ `a ~ w ~~~~ m m ~ = E ~ ~ w ~. a, o ~ ~ m -w o E ~ Y ~ .~ c .~ ~ caw m i°~.E~O~~~rnc3"x -~E~.~~Ec`o.~NE ~E ~ ~E E ~ ~ ~ ~~ w cr`~" E cicr~.° a ~Qio Oaoaoo ~i7~ scn~ ,~ w 0 00 ~o ca N U h- q} ~_~ m ~~ m C 4 ~ ~ ~ N ~ ~ .... ~ N IU ~ U ~ C U ~ ~ ~ ll ~ t.. w R p ~ a 5roc~ _,~~ 3 7 ~ 7 O ~ (Cf C (a ...a ~ `"' - c ~ u~-rn~a .-mcw.: ~~ ~ a'~ ~ m ~ ~ ~ O V U ~ c .c x - m ° ~ m w `c4 ~ ~ o ~ Q.: ~ v a`~, Eca~ Q now~wo {~- T [-~ ~ U t v ~ q N w ~ W p w~- m 3~ ~"'~~ O c ~.n;~~ T ~-__ T...___ I~ ro ~~ w '~ ~ m w C w ~ In f!) QJ j w •••• ~ C ~U a~ v~~~ ~ ~t--Nr) u °- ~p ~~~ ~~~ ~ ~ Ec~c~c.~cn ~.~ ~ ~ ~ ~ °-' ~ o m m ctl cu ~ v~ cn ~ ~ ~ ~ CS! m ~ ~ +. C ~ C U U V i ` ~ ~ ~ . '~~ ~a ~ w csn~c`n ~~D,a?,Cw]?,~ E E E E ~.~~ ~ Nuc'3':~a~.o,ccio u~3~°E.~~EaEEEEwY~~ -- a m ~- m~ o a a a t ~ m ;~ w T :~' s ~ «' ~ ~'c~c v ate, '~ ~ .Q ~ ~ '~ ~ ~ .N o+a~c>E as ~ c +, E ~ ~ ~ y c ~ o ~ '~ c -w 'mom ~ c ~ m ~ ~ ~ 'c c ~ c o m m 'y .f] Tl. ,N !0 UI o~ E Q .[ U 0 ~ N ~ ~' N a`~~+ 'Y7 w d ~ A ~ 5" p a+ O ,~ (0 N .~ 1~ ~ ~ ~ E: N m UM•`~~ ~ ~ v W ~ ~'`• ay ~'o..tiiU c ~ ~° C ~ C; ~ W ~ ,~ v 4 N d ~C C ~~', tl7 '~ .O ~ ~ O E ~ 10 +~+ d [Y. ~a~wU fII ~ 'n c N ~ ~ ~ C Gi ~ w ~ IQ N ,O Q C~i16 ~'a0-ll U w Q 'c UL +, [7 ~ c c C a~ ~m~,o ~ '~ ~ •~ O ~ pia °,-' c '~ E .c ar !° c o Q ~-~Qwv 'II C ~ N L a of a ~ Y7 ~ p N ~ w~. ~ ~ ~ ~ ~, U! C N c ~>~ ~~ a ~~ c c ~ ~ -'a~w ~ ~ ~ ~y+caro ~>>cE+~3a Q.fl~a ~ w-o ~o;~.~ a ~ ui w c .~ 0 • W 0 N w 0 h! .~ 7 V .d • • • 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: ~~ ~. _~ Lorelei Donaldson, -town Clerk - ~0~~ ~. vii SEAI- ~o~oRa~ Ordinance Nn. I ~), Series a€ 2.0(l] - S U `~~r~~~~r~'Tj~`1 ~/ '~ Q Q~ i ~~ ~~ e ~*~~ f ~ ~R o ~, O ff O ~ a ~' d Q O C1 '* N N ~ 4 O D ~ O ~ Q O _~'` ~C7 '"`~ ] f~''~ t ~,...--' ,~~ _. \ ~ I' d 's ~ ~' ~ ~ _ ~ m r C} 4 0 ~ m cti ° ~ ~. a ~ ~ ~ ~ ~ ~ ~ CD Q cD O ~= Q ~ 4 cn 7< ~ vs ,~ N N N Q -~ Q ~ tD cG ~ N ~- ~ G ~ ~ ~~ ~ ~ Q '~ 6 ~ ~ ~ ~ ~ a ~- t4 ~ C? ~. O ~ ~ ~ ~ ~ O -.. -+: ~ ~'1 ~ ~ '`~- N ~ Cj ~ O CD ~1- -p 4_ ~ ~ 'C5 ~ ~ •t3 C G ~ p =-'= a ~ ~. Q .~ 44 N ~ ~.~- ~ {7 tD ~ ~ ~ ~ ~ ~ N ~ ~Cp ~-~- ~ ~ ~ O C ,~ g ~ O ~ Q ~ ~ ~ ~> U ~J ~ O tD •~ ~ ~ C3' ~' CS CG O ~ ~ r ~ ~ ~ ~" ~. t~D tD ~ ~ ~ Q r', ~' p N C~ ~- ~ ~ N cD ~- tD p ~ ~ ~ ~ ~ ~ ~ .-r. • Z Q (D ~ C? C,9 rrrrr~~r. k'•'~o ' ry 0 ~ ~ a ~' O o fl ~: _ '~_ ' ~ ~ ! ~ rrr~d 'rrr~rrr o ~~ -~,. ~ O ~ ~ ~ Q 0 3 ~~ ~ O ~ C ~ C ~ ~'~ ~ r - _ (~ . ~ ~C ~ ~ ° Q. o ~~ o -~ O m Q cD 1 ~~ $N~ 3 ~~ V r 0 ~~ gz -~j a, o ~ ~ ° ~~A .~ y~a~ o ;~ ~ ~ ~ ~ O ~ ~ ~ c ~ ~ O ~ -~ (D r S (D Z3 ~~„ ~ Q ~ ~ p v,' m _ ~ fl ~ z ` ~ ~ ~'. ~ ~ ~ j ~ a ~ Q m z O 4 ~ Q ,r i,. tR ~ o p ~ x m m o ~ m ~ ~ ~ Q Q .~- c o Q ~ -~ a o ~_ Q ~ ~ ~ `~ ~ ~ ~ C (D ~ C N Q ~ ~ Q cn O CD O ~ ~ ~ ~ Q ~' ~ cD ~ { ~ Q ~ ~ ~ ~- ~ ~ ~ ~ ~ - 7-r .~ ~ Q ~ -~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ s ~ c ~ x ~ ~ n o h ~ o ,~ ° ~ Q ~ Q O ~ Q o ~ ~ ~ C7 rn Q ~ Q ~ ~ ~ ~ ~ ~ Q ~ ~ ~ . ( D ~ n O O u,- cn N Q n -y, (D ~ m cn ~ m O ~ ~ ~ =~ O Q ~ Q. O a 4 Q. o -~ ~ ~ Q Q '" 3 n (~ ~ O ~ ~ ~ O ~q (D .D ~ --H O tD ~ --~ . _ ~ ~ cD -~ ~ Q ~ cD m ~ "'" ~ ° Q ' ~ o ~ ~ ~ ~ C ~ ~ ti ~ m ~ c D ~ ~ ~ ~ ~ ~ ~ ' ~ Q 3 ~ O t3 ~.. . O ~ Q _ a O Q ~, ~ -t p Q ~ p ~ ro o o ~ ~~ ~ ~ cD ~ m Q ~mp`~~,~ ,.m m Npo~ ~°~~ ~~~~~zm~ V ~~°cg~ s' 'zy~ ~4r1i^~P g O`~~.~ ~ rn ~~~ ZZp~3'o rn~S ~~~,;p :z o a CC CJ 7~ ~z gm~ 3~ ~~~~a~~s~ a.n °~ ~ ~m~~~cZZ~m ~nO ~ ~ ~x _'~~~~~ ~ ?O c Y p~~ .ym~Z C7 U' O C ~ Z O ~ -,, ~ 0 V/ O r D m 0 vv O /~ O 0 ,~ 0 C W 1^ ~_ O Z 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 ,; ~`.~