HomeMy WebLinkAbout2023-29 An Ordinance Amending Chapter 6 of the Vail Town Code to Amend the Current Housing District Regulations and to Establish a New Housing District and Amending Sections 14-6-7 and 14-10-91/3/2024
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 29, SERIES OF 2023.DOCX
ORDINANCE NO. 29
SERIES 2023
AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF THE VAIL
TOWN CODE TO AMEND THE CURRENT HOUSING DISTRICT
REGULATIONS AND TO ESTABLISH A NEW HOUSING DISTRICT, AND
AMENDING SECTIONS 14-6-7 AND 14-10-9 OF THE VAIL TOWN CODE
TO INCREASE THE MAXIMUM HEIGHT OF RETAINING WALLS IN THE
HOUSING DISTRICTS
WHEREAS, on December, 11, 2023, the Planning and Environmental Commission
held a properly-noticed public hearing on proposed amendments to the current Housing
District regulations, the establishment of a new Housing District, and the increase in the
height of retaining walls in the Housing Districts, and recommended that the Town Council
approve such amendments;
WHEREAS, A community needs people living in it. Since its inception, Vail has
encouraged a wide variety of people from different backgrounds to call Vail home. In large
measure, this has encouraged Vail’s vitality and economic success. The Housing Zone
District is enacted to ensure housing opportunities for the people who will contribute to
the vibrancy and economic success in the future, while maintaining Vail’s commitment to
the protection of, and respect for, the natural environment;
WHEREAS, the Town's economy is largely tourist based and the health of this
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town must work to provide quality
living and working conditions, and the availability of community housing plays a critical
role in creating quality living and working conditions for the community’s work force; and
WHEREAS, the Town recognizes a permanent, year-round population plays an
important role in sustaining a healthy, viable community, and the Town has a role, in
conjunction with the private sector, in ensuring that housing is available.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Article 6I of Chapter 6 of Title 12 of the Vail Town Code is hereby
repealed in its entirety and reenacted to read as follows:
ARTICLE 12-6I: HOUSING (H) DISTRICT
§ 12-6I-1. PURPOSE.
The Housing District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
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prescribed for other residential zone districts. This zone district allows
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The Housing District
is intended to ensure that employee housing is appropriately located and
designed to meet the needs of residents of the Town, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
§ 12-6I-2. PERMITTED USES.
The following uses are permitted in the H District:
(1) Bicycle and pedestrian paths;
(2) Wireless communications facilities;
(3) Employee housing units;
(4) Passive outdoor recreation areas and open space.;
(5) Public buildings, grounds and facilities;
(6) Public parks and recreational facilities; and
(7) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6I-3. CONDITIONAL USES.
The following conditional uses are permitted in the H District, subject to
issuance of a conditional use permit:
(1) Public and private schools; and
(2) Commercial uses secondary and incidental to employee
housing and specifically serving the needs of the residents, including the
following:
(a) Automated teller machines;
(b) Banks and financial institutions;
(c) Business offices and professional offices;
(d) Eating and drinking establishments;
(e) Funiculars and other similar conveyances;
(f) Health clubs;
(g) Personal services, including, but not limited to, laundromats,
beauty and barber shops, tailor shops and similar services; and
(h) Retail stores and establishments.
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§ 12-6I-4. ACCESSORY USES.
The following accessory uses are permitted in the H District:
(1) Home occupations, subject to issuance of a home occupation
permit;
(2) Childcare facilities;
(3) Private greenhouses, toolsheds, playhouses, attached
garages or carports, swimming pools or recreation facilities customarily
incidental to permitted residential uses; and
(4) Dwelling units other than employee housing units, if:
(a) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(b) Such dwelling units are not the primary use of the property.
(c) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(d) Such dwelling units are only created in conjunction with
employee housing; and
(e) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties; and
(5) Other uses customarily incidental and accessory to permitted
or conditional uses, and necessary for the operation thereof.
§ 12-6I-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6I-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6I-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6I-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6I-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
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§ 12-6I-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6I-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6I-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6I-13. MOBILITY.
(1) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(2) Mobility Management Plan. The Mobility Management Plan shall
include:
(a) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(b) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(c) A professionally produced parking study, unless a
determination is made by the Administrator that such study is unnecessary
due to the scale and character of the proposal;
(d) Existence of any bike or vehicle share/shuttle program;
(e) Covered/protected/secured bike parking/storage;
(f) Provisions for guest parking and management;
(g) Provisions for seasonal variations; and
(h) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(3) Review criteria. To be approved, a Mobility Management Plan shall:
(a) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(1) Hierarchy of bus routes (regional vs. local);
(2) Proximity to job centers; and
(3) Proximity to commercial area.
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(b) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs; and
(4) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(a) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(b) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(c) Personal vehicles shall not be parked in the public right-of-
way.
(d) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(e) At no times shall parking extend into required drive aisles.
(f) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(g) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(5) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(a) Number of occupied units and number of residents per unit.
(b) Usage of mobility services;
(c) Results of surveys of residents concerning parking;
(d) Reports of any code enforcement/fire/parking complaints; and
(e) A parking utilization study during summer and winter.
(6) Enforcement. Failure to comply with a Mobility Management Plan
shall be considered a zoning violation under § 12-3-9 of this Title.
(7) Amendment Procedures.
(a) Amendments to an approved Mobility Management Plan shall be
reviewed by the Planning and Environmental Commission Meeting at a public
hearing in accordance with 12-3-6.
§ 12-6I-14. LOCATION OF BUSINESS ACTIVITY.
(1) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
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activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(2) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment’s own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 2. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6L, to read as follows:
ARTICLE 6L: HOUSING TWO (H-2) DISTRICT
§ 12-6L-1. PURPOSE.
The H-2 District is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing,
cannot be adequately regulated by the development standards prescribed
for other residential zone districts. The H-2 District provides flexibility to
provide for the critical need for housing to serve local citizens and
businesses, and to provide for the public welfare. The H-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The H-2 District is
intended to apply to properties located in areas developed with low density
residential uses where it may be more appropriate to have lower residential
building forms.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the H-2 District:
(1) Bicycle and pedestrian paths;
(2) Wireless communication facilities;
(3) Employee housing units;
(4) Passive outdoor recreation areas, and open space;
(5) Public buildings, grounds and facilities;
(6) Public parks and recreational facilities; and
(7) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the H-2 District, subject to
issuance of a conditional use permit:
(1) Public and private schools; and
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(2) Commercial uses which are secondary and incidental to the
use of employee housing and specifically serving the needs of the residents
of the development, and developed in conjunction with employee housing,
in which case the following uses may be allowed subject to a conditional
use permit:
(a) Automated teller machines;
(b) Banks and financial institutions;
(c) Business offices and professional offices;
(d) Eating and drinking establishments;
(e) Funiculars and other similar conveyances;
(f) Health clubs;
(g) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(h) Retail stores and establishments.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the H-2 District:
(1) Home occupations, subject to issuance of a home occupation
permit;
(2) Private greenhouses, toolsheds, playhouses, attached
garages or carports, swimming pools or recreation facilities customarily
incidental to permitted residential uses;
(3) Childcare facilities;
(4) Dwelling units other than employee housing units, if such
dwelling units:
(a) Are created solely for the purpose of subsidizing employee
housing on the property;
(b) Are not the primary use of the property;
(c) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(d) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(5) Other uses customarily incidental and accessory to permitted
or conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
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The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty-five
percent (65%).
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6L-13. MOBILITY.
(1) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(2) Mobility Management Plan. The Mobility Management Plan shall
include:
(a) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(b) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
9
(c) A professionally produced parking study, unless a
determination is made by the Administrator that such study is unnecessary
due to the scale and character of the proposal;
(d) Existence of any bike or vehicle share/shuttle program;
(e) Covered/protected/secured bike parking/storage;
(f) Provisions for guest parking and management;
(g) Provisions for seasonal variations; and
(h) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(3) Review criteria. To be approved, a Mobility Management Plan shall:
(a) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(1) Hierarchy of bus routes (regional vs. local);
(2) Proximity to job centers; and
(3) Proximity to commercial area.
(b) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs; and
(4) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(a) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(b) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(c) Personal vehicles shall not be parked in the public right-of-
way.
(d) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(e) At no times shall parking extend into required drive aisles.
(f) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(g) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(5) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
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anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(a) Number of occupied units and number of residents per unit.
(b) Usage of mobility services;
(c) Results of survey of residents concerning parking;
(d) Reports of any code enforcement complaints; and
(e) A parking utilization study during summer and winter.
(6) Enforcement. Failure to comply with a Mobility Management Plan
shall be considered a zoning violation under § 12-3-9 of this Title.
(7) Amendment Procedures.
(a) Amendments to an approved Mobility Management Plan shall be
reviewed by the Planning and Environmental Commission Meeting at a public
hearing in accordance with 12-3-6.
§ 12-6L-14: LOCATION OF BUSINESS ACTIVITY:
(1) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(2) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment’s own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 3. Section 14-6-7 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
§ 14-6-7: RETAINING WALLS.
(A) Review. All retaining walls shall be reviewed by the Design Review
Board to determine compatibility with the existing topography of and the
materials in use.
(B) Height.
(1) Retaining walls shall not exceed an exposed face height of six
(6) feet, except in the H or H-2 Districts, where retaining walls shall not
exceed an exposed face height of fifteen (15) feet.
(2) In a front setback, retaining walls shall not exceed an exposed
face height of three (3) feet, unless related to access to or development of
a structure on slopes in excess of thirty percent (30%).
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(3) Retaining walls associated with a street located in a public
right-of-way, or access to an underground covered parking structure are
exempt from these height limits.
(4) All retaining walls over four (4) feet in height, measured from
the bottom of a footing to the top of wall as per the adopted Building Code,
shall be engineered and stamped by a licensed Colorado professional
engineer, and shall include engineered stamped plans, profiles, sections,
details and engineering analyses and calculations.
(5) All retaining walls in a public right-of-way over three (3) feet in
height, measured from the bottom of a footing to the top of wall as per the
adopted Building Code, shall be engineered and stamped by a licensed
Colorado professional engineer, and shall include engineered stamped
plans, profiles, sections, details and engineering analyses and calculations.
(6) The height limit for retaining walls is based on the exposed
height of either a single or combined height of combination walls. If the
batter (slope of the face of the wall) is greater than one to one (1:1), the wall
shall be engineered and stamped by a licensed Colorado professional
engineer, and shall include engineered stamped plans, profiles, sections,
details and engineering analyses and calculations.
(C) Landscaping. To avoid excessive vertical expanses of retaining
walls and to provide visual relief in areas highly visible to the public, the
Design Review Board may require landscaping in front of walls and
landscape benches between walls.
(D) Location. Retaining walls shall be located at least two (2) feet from
adjacent private property boundaries and at least ten (10) feet from the edge
of a public street unless otherwise approved by the Design Review Board.
(E) Combination retaining walls. A retaining wall is considered a
combination wall if the upper wall falls within a prism defined as starting one
(1) foot behind the face of the lower wall at the lowest finished grade line
and then back at a one and one-half to one (1.5:1) angle from the starting
point. The minimum bench of combination retaining walls shall be four (4)
feet. All combination retaining walls shall be engineered and stamped by a
licensed Colorado professional engineer, and shall include engineered
stamped plans, profiles, sections, details and engineering analyses and
calculations.
Section 4. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
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area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Housing (H) District and Housing Two (H-2) District,
where retaining walls shall not exceed an exposed face height of fifteen (15)
feet.provided that higher Higher fences, hedges, walls or landscaping
screens may be authorized by the Administrator when necessary to screen
public utility equipment. No barbed wire or electrically charged fence shall
be erected or maintained.
Section 5. 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 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 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 7. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. 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 19th day of December, 2023 and
a public hearing for second reading of this Ordinance set for the 2nd day of January, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of January, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk