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 '•......•• �