Loading...
HomeMy WebLinkAbout2012- 2 Amending Chapter 12-6, to establish the Vail Village Townhouse (VVT) DistrictORDINANCE NO. 2 Series of 2012 AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (WT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District; and, WHEREAS, the purpose of the amendments is to establish incentives forthe redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, � WHEREAS, on November 14, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Zoning Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stfil�, text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (WT) District ... 6J Ordinance No. 2, Series of 2012 SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in st�+l�, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple-family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12-4-1, Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in st�+lEet�e�gk►, text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (WT) District SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (WT) DISTRICT 12-6J-1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek Sub-Area of the Vail Village Master Plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail Townhouses Condominium, Vail Row Houses, Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year-round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking Ordinance No. 2, Series of 2012 2 design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12-6J-2: PERMITTED USES: The following uses shall be permitted in the WT district: Employee housing units, as further regulated by chapter 13 ofthis title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the WT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the WT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). 12-6J-6: SETBACKS: The minimum setback shall be twenty feet (20') from the front and rear Ordinance No. 2, Series of 2012 property lines. The minimum setback shall be twenty feet (20') from the side property lines, except the setback shall be zero feet (0') from the side property lines between attached dwelling units. 12-6J-7: HEIGHT: For a flat roof, the height of buildings shall not exceed thirty feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12-6J-8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty-five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: An unlimited amount of gross residential floor area (GRFA) shall be permitted on each site. 12-6J-10: SITE COVERAGE: Site coverage shall not exceed fifty five (55%) of the total site area. 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. 12-6J-12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right-of-way may be continued subject to a revocable right-of-way permit issued by the Town of Vail. 12-6J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and/or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. SECTION 5. Section 12-10-17-B, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stfil�, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple-family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1, lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in s�i1Ee��k�, text Ordinance No. 2, Series of 2012 4 � that is to be added is bold, and sections of text that are not amended have been omitted): Typ ' Residential cluster e III Low density ', multiple-family ', Medium density multiple-family High density ; multiple-family j Vail Village ' Townhouse I Public , accommodation '� Commercial core 1 ' Commercial core 2 ' Commercial core 3 ' Commercial service ', center ' Arterial business Heavy service Lionshead mixed use 1 ' Lionshead mixed ' use 2 ' Public accommodation 2 ' Ski base/recreation Ski base/recreation 2 j Special '; development district Parking district General use The EHU may be sold or transfer red separat ely. � w,._ _- --- r-- _ � _ i The n/ ', n/ ; EHU is ' a a ' exclud ! ed � ' from , i the icalcula ! , tion of � GRFA. ' � _....._.__�..._ i Per ; chapt ; er 10 ' of this � title as ;a i dwelli ; ng ( unit. A. ' The Dwelling EHU is unit: 300 . excluded sq. ft. from the minimum calculati and ; on of 1,200 density. sq. ft. maximu m. ' B. Dormitor ' y unit: , 200 sq. ft. minimum !: for each person occupyin ', g the EHU. SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s#+�l�, text that is to be added is bold, and sections of text that are not amended have been omitted): ..... . . .._.. . .. . .... .. . 3.,..... . ._..._..... _...._._..._. Zone Districts � GRFA Ratio ._ _... _ _ _ _ _ _ ; _- - --- __-- _..,...� .. VVT Unlimited Vail Village Townhouse _- _ .. _----- _..__.____ _------__--- GRFA Credits ; (Added To Results Of jApplication Of Percentaqe) None SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in �e�g#, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 2, Series of 2012 5 B. Within The Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), A� Housing (H), and Vail Village Townhouse (WT) Districts: SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s#fil�, text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), � Housing (H), and Vail Village Townhouse (WT) Districts: SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in �e�#, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single-family residential (SFR), two-family residential (R), a� two-family primary/secondary residential (PS), and Vail Village Townhouse (WT) districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11. Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in �e��#, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single-family residential (SFR), two-family residential (R), aa� two-family primary/secondary residential (PS), and Vail Village Townhouse (WT) districts. SECTION 12. Section 12-24-1, InclusionaryZoning, Vail Town Code, is herebyamended in part as follows (text to be deleted is in s#�il�#, text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12-24-5 of Ordinance No. 2, Series of 2012 g this chapter: 2. Vail Village Townhouse (WT) SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s�+l�k�, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 2, Series of 2012 � � Zone Districts ' Min. Min. ' Min. Max. EHU ' Building Deck Deck Density Allowance Setbacks : (Ground , (Not Leveq , Ground ; Setback Level) ', I Setback Max. Architectural Projection '. Into Setback Min. , Max. Site ', Land- ,Coverage''scape ' �Area _ ._ _... _ _ _... ___ Residential Districts _.. _ _. . ___ _. _ . __ __._--_. _.. __ _ _.. _ __ _ WT Vail fxisting Type III 20' front May May Village number of and Type 20' rear project ���,pro�ect Townhous :.Jegally :IV, Type 20' not ,not e established IV-IZ, sides more more units or 25 :Type VII- �-0' than the than the per acre of IZ between lesser ,lesser ', Min. Lot Size '! (Buildabie Area j In Sq. Ft.) _ _..._ _.._ _..- ---- 4' S5% i 30% ;10,000 sq. ft ! , Ifor ; �, ;comprehensive ; , 'development ! Isite; 2,000 sq. ; ;ft. for , Min. Max. ' Min. ',Square !Building � P; Frontage . Area , Height Lc , � Lo� nla ',40' flat iSe� roof i12, �ch. 43' ;10 ssloping ;co< roof iExi total site �attached of 10 or of 5 or , ,mdmdually , ,pai area. 'dwelling ','/, the ;'/, the � platted ' ' lin ! units �required',required I ,townhouse lots' ;rigl setback I,setback � ', , wa , � ' : 'coi ' , ' Isul ' j �, 'rev 'i ! � , `rigl , i � ' ;wa � i , iPei , . ��; ,.,- u4tu...'k-'c,:,.r;''A�Y;a.M�'w'k.a0.X1f�., i�.e.]:fr, iiiaPoe .., ::'.'._.. +wi2%�4'��:t,�4.w'3.. .•,': ' ... '"f,�Mtlk�WbpPom" ' , . Pd�IPIpp�S�SkWlfl914!'AM6�6�"..� � . . . . . . . . ... �y Ordinance No. 2, Series of 2012 g �• SECTION 14. 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 remaining portions of this ordinance; and the Vail 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 15. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 16. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 17. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1�' day of May, 2012 and a public hearing for second reading of this Ordinance set for the 21 �` day of August, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ew P. Daly, M ATT S N Q F • . �.�......; . � . :< . : r ei onaldson, own Clerk : ' � : SE AL '_ � INTRODUCED, READ, ADOPTED AND E CT�F,D ON $E READING AND ORDERED •...... PUBLISHED IN FULL this 21�` day of Augus , �LORPO Andrew P. Daly, ATT T: �-� , '1p,� ;: , rel � Donaldson, Town Clerk , Ordinance No. 2, Series of 2012 �� '��OF �: :' : SEAL . . : � �. n '•......•• �