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Home My WebLink About2024-02 An Ordinance Amending Chapter 7 of Title 12 of the Vail Town Code Regarding Applications for Exterior Modifications in the CC1 and CC2 Zone DistrictsORDINANCE NO. 2 SERIES 2024 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL CORE 2 ZONE DISTRICTS WHEREAS, applications for major exterior alterations in the Commercial Core 1 and Commercial Core 2 zone districts are currently limited to biannual review by the Town; and WHEREAS, the Town desires to remove the review time limitation so that applications for exterior modifications in the Commercial Core 1 and Commercial Core 2 zone districts are reviewed on an ongoing basis to align with other review processes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-713-7 of the Vail Town Code is hereby amended as follows.. 12-713-7: EXTERIOR ALTERATIONS OR MODIFICATIONS. (A) S bjeGt t„ review Applicability. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be s bjeGt to review by require approval from the Planning and Environmental Commission (PEC) as fellewe. (1) Application. An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for a building in a common interest community ,+GRdeminii imized b iildiRQs shall be duly authorized by the condominium association OR G9 iformity ith all pit Foll -11wl iiromontc of the GO ominlum CGOOGiation's deGlarationc (2) Application contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the dministrator and filed On the Department of Community Development. Certain submittal requirements may be waived andier medified by the Administrator armor the reviewing body if the applicant demonstrates it is demE)Rstrated by the applicant that the information and materials required are not relevant to the application prepesed , eyelopmeRt or cpplisable to the planning-doGu4wAto that semprise-the Vail r 1 i„o olaR The Administrator armor the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (3) /pprlirGa+ieRdate anrnrnc . GemrpTlc cc-aPpTlircateRjfer maier ex+erier al+erationo ohcll bo oubmitted bicnnucll„ elT F fer�e fourth OeRday of February r the #ourth OeRday of Septernbor. Submittal requiremento ohcll Inr+lii�� rlanl inf ton In oubOSGtinn (A)(2) of this sontinn; nmyided, hOwe iv^ that the "rnhitonti , or m000inn model shall ho submitted Re la+or than thrpe weeks prier to tho firot formcl publiG hea-FHA efthe Planning anrd F=Ryirenmental ('emmissiep Ale public hearings erwerk sess+onc chcdl be Scheduled ragardi g—exterier alterat+onc prier +� �e she biannual oubmittal date rdeardlines At the next regularly ssherduled planning and Pnyorenmen+al Commiooien mooting fellewing tho oubmittal dates listed abode /�rdminls shall ipf a Planning anrd F=Ryirenmental ��th��,,,�-�;�tr-ater�,�orm th I Commissien of all exterier alters+ion oubmittcls. he Administrator ohcll GOmmense with review of t eery following thlo Initial �mnTcrr�.c-wT[rr-the�c�rc�vr-�ii alterations Planning and Pnyirenmental Commiaoian meeting. (aa) A property 9wRer may apply for a major exterior alteration (greator then 190 squareeot) in cnI year during whiGh he or she hall oubmit an appliaatiefa-en-the daruary er September dates as set -forth in this sl Ibses+ien (A)(2). fii-d appliGatlen shall he termer! a 11maier exterior alteratienll fb) Notwithstanding the feregein cKlisa+iZioens for the alteration of an existing building which adds er remeves any ensleserd floor area of net mero then 190 square foot, cpplisatiens to alter the exterier reeflines of an existing building, l Iapplinatiens for new etrdeer rdini deeks an ppllfGatieRS fe n7Gatiee,pRjte existing dining 4eoko moy--bc oub ..i+terd en a designated oubmittal date f�- r ark regularly gill Scheduled PIcnni, g and En.�me n+aI Commission „meeting. Said appliaa#ono ohoII be tamed a "mined, --tee alteration". The review preeerdl Irec for c miner exterier alteration ohcll he as el Itlined in thio oestlen. All ensleserd floor area fer ap expaps ion o ^'Ion puroucnt t94h:o oeboeetien (A)(3yb) ohcll be ph„sieall„ anrd strl Intl ball y part of an existing er new building and shall pet be a freestanding strl Is+1lre =n\ A single ppmpperh�rteF maa� oubmit an exterier alteration prepesal which remeyes er ensleses fleer area of 199 square feet er less en a designated oubmittal Rate anrd will he reviewed by the -PIcnning anrd ERyirenmental Commission ct cny of its regular! ssherdl herd meetings (4) Work sesisiens. if Fequesi by either the applisa�oF the Administrator, oubmittalo oholl preseerd to a werh session with the Planning and Environmental Commlooion. The Ardministrater shall seherdl Ile the werh session at a regularly ssherduilerd Planning anrd CnVnrenmental Commlo OlBH meetingand shall Gau6e nG-rciGe-ef ti--I-ei-F -te be con+ to all adia^on+ preperty evqsra in &^^^rdan^e with S 12 2 ref thio title Fellewing +he wer�� ierJNR, PTfCd the c/ibmittal 9f aRy ad onal material that maybe required +he W-minictrctor chcll c^"e' a-fsrmcl FULIO^ hearing before the Wanning and Pnyirenmen+al Gommiooion in ac,OrraarnGe with § 12-3- t of this L31{� Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this Title. The Planning and Environmental Commission 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 § 12-3-3 of this Title. /A l GemnlionGe with GOmprehenshee onnliGable kan Burden of proof, it 6hall he the bu Fden of At the hearing, the applicant shall to prove by a preponderance of the evidence bef�Ro Plcnning anal Enyirenmen+al Gemmiooien that the proposed exterior alteration is in compliance with the purposes of the CC1 District as specified in § 12-7B-1 of this Article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; a4d that the proposal does not otherwise negatively alter the character of the neighborhood; €der, and that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, including without limitation to induidc, but n9t be limited te, the following urban design considerations - pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; aid that the nrepesal atrntidl„ ^^mnlies with all ether elemeRt6 of the Vail Gemnreh R60ye Plan L51q4 Approval. Approval of an exterior alteration under subse^+ienc (A)(5) and (A)(6) of this Section shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. JE&) Lapse of approval. Approval of an majer or miRer exterior alteration a6 nreo^ribed b., thio article shall lapse and become void two (2) years following the date of approval of the maier or miner exterior alter s+inn by Planning and Cn„irenmen+al rommicr✓aR unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 7�9-) Design Review Board review. Any modification or change to the exterior facade of a building or to a site within the CC1 District shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. 3 Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as follows.. 12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS. (A) Review required AppIicabilitLr. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be s, ihieGt to review by require approval from the Planning and Environmental Commission (PEC)_ as follows: (1) Application. An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for a buildina in a common interest community nondeminm amazed build' shall be duly authorized by the condominium association on Genfermity ith cll pit rent iirements of the nnnrinminium noo^^0 atien's denlaratiens (2) Application contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/er modified by the Administrator armor the reviewing body if the applicant demonstrates it is demonstrated by the applicant that the information and materials required are not relevant to the application proposed development or appliEable to tkFo plcnning dg-Qem,nto thct sernprise e Vail Gemnr The nsiye Plan. The Administrator armor the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (3) Ap Lien date and frogcGeernpl annli tiens far C-a S . C-azvrrr��vr major exterior alterationo oholl be c/ibmittad biannually --9-er� f�etbe fourth Mee day of February er the fourth Menday of September. F/ibmittcl requIrernexito V loll In uide all information In oub08ntien (A)(2) of this sen+ien; nreyirded heweyor, thct the arnhitenti ,ral or mcooinamedel shall he submitted Re later than three ee�cs prier t e the first formal publiG hearing ef-t#o Plcnnin^ and Environmental rommiooian. Ale publin hearings eFwe* sess+ono ohoII�l be SGheduiled regarding —exteeralterationo r pri^to,--�- the bicnnucl oubmittcl date deadlines. At the next regularly snhedi sled Plcnning and FiRyirenmental Gommiooien meeting fellewing the oubmittcl t daa-�s'�ted 12 alive, the Ad,ninm6tFateF shall orm the Planning and Environmental r' mmossm n e all exte�Re, on oubmittcls. ;e Administrator ohcll GGmmeRGe with the review of exter+er atterat+ens fellewiRg thio initial Planning and Environmental Commission meeting (a) gi } " property owner may apply for a major exterior alteration (greator than 190 squareeot) in Cn I year during whiGh he or hall oubmit an applieat+en en ruary ^r September dates as set -forth in this si ibse^+inn /"\('Z) find appli^a+inn shall he termed a "maier exterior alteration" /b) Notwithstanding the feregein Gati�s for the alter�T of ap existing b iildipg which adds er remeves any epalesead fleer area of not mero then 1 nosquare eot, cppli^atiens to alter the exterior reeflines of an existing building, appli^ alining ade^I�s and appli^atiens for rnedifii^ations to existing alining deGks may he submitted ad itted ep a esignaatubmittal date f�'Y T g� �lgalaflry SGhedeled PlcnniRgg and Pr`.,�mental GemmissieR „meeting. Said appliea#ono ohaII be tamed a "mined, --tee alteration". The review prei+ed fires for c minor exterior alteration ohdl he as ei itlined in thio oeatien. All epalesead floor area fer ap expaps ion o ^'�tTon puroucnt t94h:o Ck&Ce^ties /"`/3`\b) ohall be ph„si^ally anad stn i^ti hall y part of an existing or new building and shall net he a freestanding stri eti ire _^\ " singl,�ert ewpo- may oubmit an exterior alteration prepesal which remeyes er epsleses fleer area of 199 square feet er less ep a designated oubmittal Rate anal will he reviewed by the -PIcnning anal ERVOrenmeRtal Gemmission Ct Cny of its regular! saheadi ilead meetings / ) W s� If req iestead by either th ant er the t4�--v-ve .� es�,efFs�,--rcq-�c�zca—a�cm-rcr-n, s � � � ^x-crrrr-yr-crrc dmon;etFater; all oubm4alo ohall praeeed—te a work sessi n with - - Planning and Enyi�mental Cemmissie�he Aadministrater shall Jhedule thl1werl`rk session at a ra.,gi it SGheduiied Planning and F=RvireRm eTftAl Cep rimos ieeR mnceting shall Gai is��^e of the Rg to he cent to all adjasent preperty ownero in as 9p anGe with§T2 � 6((;) e thin title, + Cellewing the work sessien and tho oubmittcl of any additional mctcri&l thrt ma Teguired, the AdmiRistrater shall ll-SGhems'u!e-agormaI publi^ heariRg befer�e the Planning and Cn,nrenmental Commiooion in CaceFdanee Sri.�V9�itCrhr•§ 12 3 6 of this title /A l Gemnlianne with eemnrehens ee annlinahle plans Burden of proof It shall be the burden of At the hearing, the applicant shall to prove hc� by a preponderance of the evidence efi�ere crhro Planning and CnyireA.meptal Gemmissiep that the proposed exterior alteration is in compliance with the purposes of the CC2 District as specified in § 12-7C-1 of this Article; that the proposal is consistent with applicable elements of the Vail Village 5 Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; an4 that the proposal does not otherwise negatively alter the character of the neighborhood; Further, and that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, including without limitation to 0RGludo, but not be limited to, the following urban design considerations: pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; aad that the-prepoaal oubotantially ^^mn'ies with all other elements of e Vail !` mprrehe nciVa Plan. L51q4 Approval. Approval of an exterior alteration under subSeG+ionc (A)(5) and (A)(6) of this Section shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. {�M Lapse of approval. Approval of an exterior alteration as ffeSGribe by thio crti le shall lapse and become void two (2) years following the date of approval of the major or minor exterior alters+inn by the Planning and Environmental Commission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. fn{�Design Review Board review. Any modification or change to the exterior facade of a building or to a site within the CC2 District shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 4. 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 5. The amendment of any provision of the Vail 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 9 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 March, 2024 and a public hearing for second reading of this Ordinance set for the 2nd day of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. �A Travis Coain, Mayor ATTEST: 5A�� Stephanie Bibbens, Town Clerk OP �pO R A'T READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of April, 2024. ATTEST: S - __ 1_ - lie_�'1_ 1_ ens, - —own Clerk StephaniBibb ns, I own l..lerK Travis Cog(in, Mayor 0O R A"T 7