HomeMy WebLinkAbout1999-23 Amending Title 12, Chapter 7, SEction 12, Public Accommodation Zone District, Chapter 2, SEction 12, Definition and Chapter 10, Section 12, Off-Street Parking/Loading of the Town of Vail Zoning Regulations to Allow for Text Amendments~'
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ORDINANCE NO, 23
sERIES OF 1999
AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 7, SECTION 12,
PUf3LIG ACCOMMODATfON ZONE DISTRICT, CHAPTER 2, SECTION 12, DEFINITION
AND CHAPTER 10, SECTION 12, OFf'~STREET PARKINGILOADING, OF THE TOWN OF
VAIL ZONING REGULATIONS TO ALLOW FOR TEXT AMENDMENTS TO THE
DEVELOPMENT STANDARDS PRESCRIBED FOR THE PUBLIC ACCOMMODATION ZONE
DISTRICT; PROVIDING DEFINITIONS OF "LODGE" AND "SUBSTANTIAL OFF-SITE
IMPACT"; AND SETTING FORTH DETAILS fN REGARD THERETO.
WHEREAS, an application has been submitted to the Community Development
^epartment of the Town of Vail proposing text amendments to the Public Accommodation Zone
District; and
WHEREAS, the Planning & Environments! Commission has held public hearings on the
proposed amendmen#s in accordance with the provisions of the Town Cade of the Town of Vail;
and
WHEREAS, the Planning & Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
WHEREAS, the Planning & Environments! Commission has voted unanimously to
recommend approval of the proposed amendments to the Vail Town Council; and
WHEREAS, the Vail Town Council believes that the proposed amendments will resul# in
up-ta~date development standards for the Public Accommodation Zone District that allow far
flexibility in the development of viable, high-quality lodges and.less reliance an Special
Development Districts to facilitate development in the Public Accommodation Zone District; and
WHEREAS, the proposed amendmen#s will help to insure that the lands set aside in the
Town of Vail far guest and guest-types of accommodations will meet the needs of the resort
community and the Vail residents; and
WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to amend the Public
Accommodation Zone ^istrict.
NOW, THEREFORE, 13E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
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Section 1
Title 12, Chapter 7, Section 12, of the Town of Vaii Zoning Regulations, Public Accommodation
Zone District, is hereby amended as follows:
CHAPTER 7
COMMERCIAL-AND BUSINESS DISTRICTS
ARTICLE A. PUBLIC ACCOMMODATION (PA) DISTRICT
SECTION;
12-7A-1: Purpose
12-7A-2: Permitted Uses
12-7A-3: Conditional Uses
12-7A-4: Accessory Uses
12-7A-5: Lot Area And Site Dimensions
12-7A-6: Setbacks
12-7A-7: Height
12-7A-8: Density Contraf
12-7A-9: Site Coverage
12-7A-1D: Landscaping And Site Development
12-7A-11: Parking And Loading
12-7A-12: Exterior Alterations or Modifications
12-7A-13: Compliance Burden
12-7A-14: Mitigation of Development Impacts
12-7A-15: Additions to Exis#ing PA Properties
12-7A-1; PURPOSE:
The Public Accommodation District is intended to provide sites for lodges and residential
accommodations for visitors, together wifih such public and semi-public facilities and limited
professional offices, medical facilities, private recreation, commerciallretai! and related visitor
oriented uses as may appropriately be located within the same district and compatible with
adjacen# land uses. The Public Accommodation District is intended to ensure adequate light,
air, open space, and a#her amenities commensurate with lodge uses, and to maintain fhe
desirable resort qualities of the District by establishing appropriai~: site development standards.
Additional nonresidential uses are permitted as conditional uses which enhance the nature of
Vail as a vacation community, and where permitted uses are intended to function compatibly
with the high density lodging character of the District.
12-7A-2: PERMITTED USES:
The following uses steal! be permitted in the PA District:
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and hat occupying more than ten percent (1D%) of the total grass residential floor
area of the main structure or structures on ttye site; additional accessary dining areas may be
located an an outdoor deck, porch, or terrace.
12-7A-3: CONDIT{ONAL USES:
The fallowing conditional uses shall be permitted in the PA District, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 1 D of this Title:
Bed and breakfast, as further regulated by Section 12-14-18 of this Title,
Churches.
Fractional fee club as further regulated by Section 12-16-6A7 of this Ttle.
Hospitals, medical and dental clinics, and medical centers,
Nfajor arcade, sa long as it does not have any exterior frontage on any public way, street,
walkway, ar mall area.
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Private clubs and civic, cultural and fraternal organizations.
Professional and business offices.
Public buildings, grounds and facilities.
Public ar commercial parking facilities or structures.
Public or private schools.
Public park and recreational facilities,
Public transportation terminals.
Public utility and public service uses.
Ski lifts and tows.
Theaters and convention facilities.
Type 111 employee housing unit as provided in Section 12-13-6 of this Title.
Type IV employee housing unit as provided in Section 12-13-7 of this Title.
12-7A-4: ACCESSORY EJSES:
The following accessary uses shall be permitted in the f'A District:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12 of #his Title.
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to
permitted lodge uses.
Meeting rooms.
ether uses customarily incidental and accessory to permitted or conditional uses, and
necessary for the operation thereof.
92-7A-5: E-OT AREA AND SITE DIMENSIONS:
The minimum lot ar site area shall be ten thousand (10,000} square feet of buildable area and
each site shall have a minimum frontage of thirty feet (30'). Each site steal( be of a size and
shape capable of enclosing a square area eighty feet ($0'} an each side within its boundaries.
12-7A-6: SETBACKS:
In the PA District, the minimum front setback shall be twenty feet {20'}, the minimum side
setback shall be twenty feet (20'}, and the minimum rear setback shall be twenty feet (20'}. At
the discretion of the Planning & Environmental Commission andlor the Design Review Board,
variations #o the setback standards outlined above may be approved during the review of
Exterior Alternations or Modifications (Section 12-7A-12) subjec# to the applicant demonstrating
compliance with the following criteria:
1. Proposed building setbacks provide necessary separation between buildings and riparian
areas, geologically sensitive areas and other environmentally sensitive areas.
2. Proposed building setbacks comply with applicable elements of the Vail Village Urban
Design Guide Plan and Design Considerations.
3. Proposed building setbacks will provide adequate availability of light, air and open space.
4. Proposed building setbacks wil! provide a compatible relationship with buildings and uses an
adjacent properties.
5, proposed building setbacks will result in creative design solutions or other public benefiits
that could not otherwise be achieved by conformance with prescribed setback standards.
72-yA~7: HEIGHT:
For a fiat roof ar mansard roof, the heigh# of buildings shall not exceed forty five feet (45'}. For a
sloping roof, the height of buildings shall not exceed forty eight feet {4$'). (Ord. 37(1980) ' 2)
12-7A-$: DENSITY CONTROL;
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Up to one hundred and fifty (150} square feet of gross residential floor area (GRFA) may
be permitted far each one hundred (100) square feet of buildable site area. f=inal
determination of allowable gross residential floor area shall be made by the Planning &
Environmental Commission in accordance with Section 12-7A-12: Exterior Alterations or
Modifications. Specifically, in determining allowable gross residential floor area the
Planning and Environmental Commission shall make a finding that proposed gross
residential floor area is in conformance with applicable elements of the Vail Village
Urban Design Guide Plan and ^esign Considerations. Total density shall no# exceed
twenty five (25) dwelling units per acre of buildable site area. For the purposes of
calculating density, employee housing units, accommodation units and fractional fee
club units shall not be counted towards density.
12-7A-9: SITE COVERAGE:
Site coverage shall not exceed sixty-five (l?5°I°} of the total site area. Final determination of
allowable site coverage shall be made by the Planning & Environmental Commission andlor the
Design Review Board in accordance with Section 12-7A-12: Exterior Alterations or
Modifications. Specifically, in determining allowable site coverage the Planning &
Environmental Commission and/or the Design Review Board shall make a finding that proposed
site coverage is in conformance with applicable elements of the Vail Village Urban Design
Guide Pian and Design Considerations.
12-7A-10: LANDSCAPING AND SITE DEVELOPMENT:
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 (340) square feet.
12-7A-11: PARKING AND LOADING;
Off-street parking and loading shalt be provided in accordance with Chapter 10 ofi this Title. At
least seventy five percent {75%) of the required parking shall be located within the main
building or buildings and hidden from public view. No at grade or above grade surface parking
or loading area shalt be located in any required front setback area. Below grade underground
structured parking and short-term guest loading and drop-off shall be permit#ed in the required
front setback subject to the approval of the Planning & Environmental Commission andlar the
Design Review Board.
12-7A-12: EXTERIOR ALTERNATIONS OR MODIFICATIONS:
Review Required: The construction of a new building or the alteration ofi an existing building
shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning
Regulations. However, any project which adds additional dwelling units, accommodation units,
fractional fee club units, any project which adds more than 1,000 sq. ft. of commercial floor area
or common space, or any project which has substantial off-site impacts (as determined by the
Administrator) shall be reviewed by the Planning and Environmental Commission as a Major
Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Complete
applications for major exterior al#erations shall be submitted in accordance with administrative
schedules developed by the Community Development Department for Planning and
Environmental Commission and Design Review Board review. The following submittal items
are required:
1. Application: An application shall be made by the owner of the building or the building
owner's authorized agent or represen#ative on a form provided by the Administrator. Any
application for condominiumized buildings shall be authorized by the condominium
association in conformity with all pertinent requirements of the condominium
association's declarations.
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2. Application; Contents: An applica#ion for an exterior alteration shall include the
following:
a. Completed application form, filing fee, and a list of all owners of property
located adjacent to the subject parcel. The owners list shalt include the names
of all owners, their mailing address, a legal description of the property owned by
each, and a general description of the property (including the name of the
property, if applicable), and the name and mailing address of the condominium
association's representative (if applicable}. Said names and addresses shat! be
obtained from the current tax records of Eagle County as they appeared not
more than thirty (30) days prior to the application submittal date.
b. A written statement describing the proposal and how the proposal complies
with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the
Vail Village Streetscape Master Plan and any other relevant sections of the Vail
Comprehensive Plan.
c. A survey stamped by a licensed surveyor indicating existing conditions an the
property including the location of improvements, topography, and natural
features.
d. A current title report to verify ownership, easements, and other
encumbrances, including Schedules A and B3.
e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet
(1" = 20'), a vicinity plan at an appropriate scale to adequately show the project
location in relationship to the surrounding area, a landscape plan at a minimum
scale of one inch equals 20 feet {1" = 20'}, a roof height plan and existing and
proposed building elevations at a minimum scale ofone-eighth inch equals one
foot (118" = 1'}. The material listed above shall include adjacent buildings and
improvements as necessary to demonstrate the project's compliance with the
Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vaii
Streetscape Mas#er Plan.
f. Sunshade analysis of the existing and proposed building for the springlfall
equinox (March 21 !September 23} and winter solstice (December 21) at ten
o'clock (10:00} A.M. and two o'clock (2:00} P.M. unless the Department of
Community Development determines that the proposed addition has no impact
on the existing Sunlshade pattern. The following sun angle shall be used when
preparing this analysis:
5nrinq/Pall
Equinox Sun Angle
10:00 A.M. 40° east of south, 50° declination
2;00 P.M. 42° west of south, 50° declination
Winter
Solstice Sun Angle
10:00 A.M. 30° east of south, 20° declination
2:00 P.M. 30° west of south, 20° declination
g. Existing and proposed floor plans at a minimum scale of one-fourth inch
equals one foot (1J4" = 1') and a sc{uare footage analysis of all existing and
proposed uses.
h. An architectural or massing model of the proposed development. Said model
shall include buildings and major site improvements on adjacent properties as
deemed necessary by the Adminis#rator. The scale of the model shall be as
determined by the Administrator.
i. Photo overlays andlar other graphic material to demonstrate the special
relationship of the proposed development to adjacent properties, public spaces,
and adopted views per Chapter 22 of this Title,
j. Any additional information ar material as deemed necessary by the
Administrator or the Town Planning and Environmental Commission (PEC}. The
Administrator or the Planning and Environmental Commission may, at hislher or
their discretion, waive certain submit#al requirements if it is determined that the
requirements are not relevant to the proposed development nor applicable to the
Vail Village Master Plan, the Vaii Village Urban Design Guide Plan, the Vail
Village S#reetscape Master Plan.
4. Work 5essionslConceptual Review: ff reques#ed by either the applicant or the
Administrator, submittals may proceed to a work session with the Planning and
Environments! Commission, a conceptual review with the Design Review Board, or a
work session with the Tawn Council.
5. Hearing: The public hearing 1Jefore the Planning and Environmental Commission shall
be held in accordance with Section 12-3-6 of this Ttle. The Planning and Environmental
Commission may approve the application as submitted, approve the application with
conditions or modifications, ar deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Tawn Council in accordance with
Section 12-3-3 of this Title.
6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article
shall lapse and become void three {37 years following the date of approval by the Design
Review Board unless, prior to the expiration, a building permit is issued and construction
is commenced and diligently pursued to completion. Administrative extensions shall be
allowed far reasonable and unexpected delays as long as code provisions affecting the
proposal have not changed.
12-7A-13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the evidence before the
Planning and Environmental Commission and the Design Review Board that the proposed
exterior alteration or new development is in compliance with the purposes of the Public
Accommodation Zone Dis#riet, that the proposal is consistent with applicable elements of the
Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape
Master Plan, and that the proposal does not otherwise have a significant negative affects an the
character of the neighborhood, and that the proposal substantially complies with other
applicable elements of the Vail Comprehensive Plan.
12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct impacts of their
developmenk on public infrastructure and in all cases mitigation shall bear a reasonable relation
to the development impacts. Impacts may be determined based on reports prepared by
qualified consultants. The extent of mitigation and public amenity improvements shall be
balanced with the goals of redevelopment and wilt be determined by the Planning and
f=nvironmental Commission in review of development projects and canditianai use permits.
Substantial off-site impacts may include, but are not limited to, the following: deed restricted
employee housing, roadway improvements, pedes#rian walkway improvements, streetscape
improvements, stream tractlbank restoration, loadingldelivery, public art improvements, and
similar improvements. The in#ent of this section is to only require mitigation for large scale
redevelopmentldevelopment projects which produce substan#ial off-site impacts.
12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA
PROPERTIES:
F'ar any gross residential floor area added to a Public Accommodation zoned property following
the effective date of Ordinance No. 23, Series 1999, a minimum of seventy percent (70%} of
the added gross residential floor area shall be devoted to accommodation units, or fractional fee
club unit subject to the issuance of a conditional use permit. This limitation shall not apply to
GRFA being added in accordance with Sections 12-15-4 & 12-15-5.
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Section 2
Chapter ~, Section '{ 2, Definitions, of Title 12, the Town of Vai! Zoning Regulations is hereby
amended as follows:
~.odge: A building or group of associated buildings designed for occupancy primarily as
the temporary lodging place of individuals or families either in accommodation units or dwelling
units, in which the gross residential floor area devoted to accommodation units or fractional fee
club units, is equal to or greater than seventy percent (70%) of the total gross residential floor
area on the site, and in which ail such units are operated under a single management providing
the occupants thereof customary hotel services and facilities.
Notwithstanding the above for properties containing gross residential floor area equal to or less
than 80 square feet of gross residential floor area for each 100 fee# of buildable site area, such
properties shall be defined as lodges provided that gross residential floor area devoted to
accommodation units or fractional fee club units exceed the gross residential floor area devoted
to dwelling units
Sufis#antial Off~site tmpact: An impact resulting from development or redevelopment on the
surrounding neighborhood and public facilities in the vicinity of a development or redevelopment
site having a considerable amount of effect upon the area. Far example, substantial off-site
impacts may include, but are not limited to the following: deed restricted employee housing,
roadway improvements, pedestrian walkway improvements, streetscape improvements, stream
tract/bank restoration, loadingldelivery, public art improvements, and similar improvements.
Section 3
Page B, Section E, Third Paragraph of the Vail Village Design Considerations, [fated June
11, 7980, revised January 15, 1993 is hereby amended as follows:
This is not to imply continuous building frontage along the property line. A strong street edge is
important For continuity, but perfectly aligned facades over too long of a distance tends to be
monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building
jogs, and landscaped areas, give life to the street and visual interest for pedestrian travel. Given
these precepts, for properties within the Public Accommodation Zane District, no less than 50°l0
of a building frontage along a stream #ract, street, or pedestrian ways shall be horizontally
stepped back an average of 5 feet. In certain cases additional stepbacks may be required.
Section 4
If any part, section, subsection, sentence, clause or phrase of this ordinance is far any reason
held to be invalid, such decision shall not affect 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, sen#ence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid,
Section 5
The repeal or the repeal and re-enactment of any provisions 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
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proc~ing as commenced under or by virtue of the provision repealed ar repealed and
reenacted. The repeal of any provision hereby steal{ not revive any provision or any ordinance
previously repealed ar superseded unless expressly stated herein.
Section 6
Ail bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. The
repealer shall not be construed to revise any bylaw, order, resolution ar ordinance, or part
thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUEiUSNEO ONCE IN FULI* ON FIRST READING this 7~h day of September, 1999, and a
public hearing for second reading of this Ordinance set far the 5`n day of October, 1999, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
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- Rob
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ert .Ford, Mayor
READ AND APPROVED ON SECOND READING AND OR EDP BLl
October, 1999. \e``~rt`~~~if~~~ri~rrr~i~ y,
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_ ~ E ~ ~ = Robert E. Fdrd, May
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