HomeMy WebLinkAbout2003- 4 Amending Title 12, Zoning Regulations, Chapter 4 Districts Established, Section 12-4-1 Designated of the Town vail Code to Establish Ski Base Recreation 2 District~ ~ •
ORDINANCE NO.4
Series of 2003
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, CHAPTER 4, DISTRICTS
ESTABLISHED, SECTION 12-4-1, DESIGNATED, OF THE VAIL TOWN CODE, TO ESTABLISH
THE SKI BASE RECREATION 2 (SBR 2) DISTRICT, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, Title 12, Zoning Regulations, Section 12-3-7, Amendment, Vail Town Code,
establishes a procedure for amendments to the Zoning Regulations; and
WHEREAS, Vail Resorts Development Company, has submitted an application to the
Community Development Department to amend Title 12, Zoning Regulations, Section 12-4-1,
Designated, Vail Town Code, to establish the Ski Base Recreation 2 (SBR 2) district; and
WHEREAS, the Ski Base Recreation 2 (SBR 2) district is intended to facilitate the
development of Vail's Front Door project; and
WHEREAS, a zone district written for the sole purpose of guiding the design and
development of a ski base area furthers the public interests by ensuring ski base development
at the base of Vail Mountain consistent with the adopted community goals, objectives and
policies; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on March 10, 2003, on the amendment in accordance with the provisions of the
Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vaii finds that
the amendment request complies with the criteria prescribed in the Title 12, Zoning
Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
forwarded a unanimous recommendation of approval of this amendment to the Vail Town
Ordinance No. 4, Series 2003
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Council; and
WHEREAS, the Vail Town Council finds that the amendment request complies with the
criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and results is a
harmonious, convenient, workable relationship among land uses consistent with development
objectives of the Town; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt this amendment to Title 12, Zoning Regulations, Section 12-4-1,
Designated, Vail Town Code, to create the Ski Base Recreation 2 (SBR 2) district.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 12, Zoning Regulations, Section 12-4-1, Designated, Vail Town
Code, is hereby amended as follows:
Chapter 8
Open Space and Recreation Districts
ARTICLE E. SKI BASE/RECREATION 2 (SBR2) DISTRICT
SECTION:
12-8E-1: Purpose
12-8E-2: Permitted Uses
12-8E-3: Conditional Uses
12-8E-4: Accessory Uses
12-8E-5: Location of Business Activity
12-8E-6: Development Plan
12-8E-7: Development Review Procedures
12-8E-8: Submittal Requirements
12-8E-9: Design Criteria
Ordinance No. 4, Series 2003 2
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12-8E-10: Lot Area
12-8E-11: Setbacks
12-8E-12: Height
12-8E-13: Density Control
12-8E-14: Site Coverage
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12-8E-15: Landscaping and Site Development
12-8E-16: Parking Plan and Program
12-8E-17: Mitigation of Development Impacts
12-8E-18: Amendment Procedures
12-8E-19: Time Requirements
12-8E-1: PURPOSE:
The Ski Base/Recreation 2 District is intended to provide sites for facilities, activities and uses
necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities,
uses and activities, including but not limited to residential, public and semi-public uses and
special community events typically associated with a vibrant resort community are also
permitted within the District. The Ski Base/Recreation 2 District is intended to ensure adequate
light, air, open space and other amenities appropriate to permitted and conditional uses
throughout the District. In order to achieve this objective and to ensure compatibility with
adjacent land uses, all permitted uses, development and activity within the District shall be
subject to approval of a comprehensive development plan in accordance with the provisions of
this Article. Furthermore, due to the likelihood of this District being located at the base of Vail
Mountain, and upon some of the most critical and important lands to the future success and
resort character of the Town, development within this District shall be evaluated based upon its
ability to meet the specific purposes of this Title and to provide "compelling public benefits
which further the public interests" that go beyond any economic benefits to the landowner.
12-8E-2: PERMITTED USES:
Ordinance No. 4, Series 2003 3
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A. The following uses shall be permitted within the Ski Base/ Recreation 2 District:
1. Ski base-oriented uses including the following:
Ski trails
Ski lifts and tows
Ski racing facilities
Snowmaking facilities
Skier and guest services including but not limited to uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms,
information/activity desk
Ski school facilities
Ski patrol facilities
Commercial ski storage on the basement or garden level of a building
Retail stores and establishments
Special community events, including but not limited to ski races, festivals,
concerts, and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a Special Events License.
2. Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of
products specifically for sale on the premises
Coffee shop
Fountains and sandwich shops
Restaurants
Cocktail lounges and bars
Ordinance No. 4, Series 2003 4
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3. Residential Uses including the following:
Single-family residential dwelling units
Two-family residential dwelling units
Multi-family residential dwelling units
Accommodation units
4. Lodges
6. Private or public off-street vehicle parking structures
7. Private or public off-street loading facilities
8. Public parks and outdoor recreation facilities
12-8E-3: CONDITIONAL USES:
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The following conditional uses shall be permitted in the Ski Base/Recreation 2 District, subject
to the issuance of a conditional use permit in accordance with the provisions of Chapter16 of
this Title:
1. Brew pubs
2. Fractional fee units
3. Private and public clubs
4. Public utility and public service uses
5. Outdoor dining decks and patios
6. Type III employee housing units as provided in chapter 13 of this title
7.. Additional uses determined to be similar to conditional or permitted uses
described in this chapter, in accordance with the provisions of Section 12-3-4 of
this Title.
12-8E-4: ACCESSORY USES:
The following accessory uses shall be permitted in the Ski Base/Recreation 2 District:
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Accessory uses customarily incidental to permitted and conditional uses and necessary
for the operation thereof.
Ski school offices, sales, and activities
Ski patrol offices
Skier and guest service employee offices, locker rooms, and meeting rooms
Swimming pools, patios or other recreation facilities customarily incidental to permitted
uses.
12-8E-5: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in
the Ski Base/Recreation 2 (SBR2) district shall be operated and conducted entirely within a
building, except for approved special community events, outdoor display of goods, and outdoor
restaurant seating.
B. Outdoor Displays: The area to be used for outdoor display must 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.
12-8E-6: DEVELOPMENT PLAN:
A. Development Plan Required
Prior to site preparation, building construction, or other improvements to land within the Ski
Base/Recreation 2 District, there shall be an approved development plan for said District or
portion thereof. An approved development plan shall be the principal document in guiding the
development, uses and activities of land within the district. A development plan shall be
approved by the Planning and Environmental Commission. Development standards including
setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the
Planning and Environmental Commission as part of the approved development plan. This
determination is to be made based on the proposed development plan's compliance with the
design criteria outlined in Section 12-8E-9 of this Article.
Ordinance No. 4, Series 2003 6
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B. Application
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An application for approval of a development plan may be filed by any owner of property within
the Ski Base/Recreation 2 district or his (her) agent or authorized representative. The
application shall be made on a form provided by the Department of Community Development
and shall include: a legal description of the property, a list of names and mailing addresses of
all adjacent property owners and written consent of owners of all property to be included in the
development plan, or their agents or authorized representatives. The application shall be
accompanied by submittal requirements outlined in Section 12-8E-8 A. of this Article and a
development plan as outlined in Section 12-8E-6 C. of this Article.
C. Contents
The development plan shall be comprised of materials submitted in accordance with Section
12-8E-8 A. of this Article. The development plan shall contain all relevant material and
information necessary to establish the parameters within which land in the district may be
developed. The development plan may consist of, but not be limited to, the approved site plan,
floor plans, building sections and elevations, vicinity plan, off-street parking/loading plan, off-site
improvements plan, preliminary open space/landscape plan, densities and permitted,
conditional and accessory uses.
12-8E-7: DEVELOPMENT REVIEW PROCEDURES:
A. Pre-Application Conference
Prior to submittal of a formal application for a development plan, the applicant shall hold apre-
application conference with the Department of Community Development. The purpose of this
meeting shall be to discuss the goals of the proposed development plan, the relationship of the
proposal to applicable elements of the Vail Comprehensive Plan, and the review procedure that
will be followed for the application.
B. PEC Conducts Final Review
The final review of a proposed development plan shall be by the Planning and Environmental
Commission at either a regularly scheduled meeting or a special meeting. Prior to this meeting,
and at the discretion of the Administrator, a worksession may be held with the applicant, staff
Ordinance No. 4, Series 2003 7
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and the Planning and Environmental Commission to discuss development plan. A report of the
Department of Community Development staffs findings and recommendations shall be
presented at a public hearing before the Panning and Environmental Commission. The
Planning and Environmental Commission shall review the development plan in accordance with
the provisions of Section 12-8E-9 of this Article.
12-8E-8: SUBMITTAL REQUIREMENTS:
A. Information and Materials Required
The Administrator shall establish the submittal requirements for an approved development plan
application. Certain submittal requirements may be waived or modified by the Administrator or
the Planning and Environmental Commission if it is demonstrated by the applicant that the
information and materials required is not relevant to the proposed development or applicable to
the Vail Comprehensive Plan. R complete list of the submittal requirements shall be
maintained by the Administrator and filed in the Department of Community Development.
12-8E-9: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating the merits of a
proposed development plan. It shall be the burden of the applicant to prove by a preponderance
of the evidence that the submittal material and the proposed development plan comply with
each of the following standards, or demonstrate that one or more of them is not applicable, or
that a practical solution consistent with the public interest has been achieved:
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
C. Parking and Loading: Compliance with parking and loading requirements as outlined in
Chapter 10 of this Title.
Ordinance No. 4, Series 2003
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D. Comprehensive Plan: Conformity with Vail Comprehensive Plan, Town policies and urban
design plans.
E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic
hazards that affect the property on which the development plan is proposed.
F. Design Features: Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural features, vegetation
and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and
off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the development plan.
J. Annexed Lands: Conformity with the terms of an annexation agreement and demonstration
of a compelling public benefit which furthers the public interest.
12-8E-10: LOT AREA:
The minimum lot or site area shall be ten thousand (10,000) square feet of buildable site area.
12-8E-11: SETBACKS:
In the Ski Base/Recreation 2 District, front, side and rear setbacks shall be as indicated on the
approved development plan.
12-8E-12: HEIGHT:
In the Ski Base/Recreation 2 District buildings shall range in height from 0' - 43' and be
indicated on the approved development plan. All development shall comply with the building
height guidelines found in the Vail Village Master Plan Conceptual Building Height Plan. In no
instance, however, shall the maximum building height exceed 43'.
Ordinance No. 4, Series 2003 9
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12-8E-13: DENSITY CONTROL (DWELLING UN1TS PER ACRE/GRFA):
Total density shall not exceed eight (8) dwelling units per acre of buildable site area. The total
allowable Gross Residential Floor Area (GRFA) shall as indicated on the approved
development plan.
12-8E-14: SITE COVERAGE:
In the Ski Base/Recreation 2 District, site coverage shall be as indicated on the approved
development plan.
12-8E-15: LANDSCAPING AND SITE DEVELOPMENT:
In the Ski Base/Recreation 2 District, landscaping requirements shall be as indicated on the
approved development plan.
12-8E-16: PARKING/LOADING PLAN AND PROGRAM:
Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At
least 95% of the required parking shall be located within the main building or buildings, and as
approved by the Planning and Environmental Commission in review of the development plan.
The off-street parking and loading plan shalt be indicated on and described in the approved
development plan.
12-8E-17: MITIGATION OF DEVELOPMENT IMPACTS
Property owners/developers shall also be responsible for mitigating direct impacts of their
development 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 will be determined by the Planning and
Environmental Commission in review of development projects and conditional use permits.
Substantial off-site impacts may include, but are not limited to, the following: deed-restricted
employee housing, roadway improvements, pedestrian walkway improvements,
loading/delivery, streetscape improvements, stream tract/bank improvements, public art
improvements, parking, and similar improvements. The intent of this section is to only require
Ordinance No. 4, Series 2003 ~ ~
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mitigation for large-scale redevelopment/development projects which produce substantial off-
site impacts.
12-8E-18: AMENDMENT PROCEDURES
A. Minor Amendments:
Minor amendments are modifications to building plans, site or landscape plans
that do not alter the basic intent and character of the approved development
plan, and are consistent with the design criteria of this Article. Minor
amendments may include, but not be limited to, variations of not more than five
feet (5') to approved setbacks and/or building footprints; changes to landscape or
site plans that do not adversely impact pedestrian or vehicular circulation
throughout the development site; or changes to gross floor area of not more than
five percent (5%) of the approved square footage of residential floor area or
retail, office, common areas and other nonresidential floor area.
2. Minor amendments consistent with the design criteria outlined in Section 12-8E-9
of this Article may be approved by the Department of Community Development.
All minor amendments shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and filed by the
Department of Community Development.
3. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within or adjacent to the district
that may be affected by the amendment. Affected properties shall be as
determined by the Department of Community Development. Notifications shall be
postmarked no later than five (5) days following staff action on the amendment
request and shall include a brief statement describing the amendment and the
time and date of when the Planning and Environmental Commission will be
informed of the staff decision. In all cases the report to the Planning and
Environmental Commission shall be made within twenty (20) days from the date
of the staffs decision on the requested amendment.
4. Appeals of staff decisions may be filed by adjacent property owners, owners of
property within the district, the applicant, Planning and Environmental
Ordinance No. 4, Series 2003 ~( ~
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Commission members or members of the Town Council as outlined in Section
12-3-3 of this Title.
B. Major Amendments:
Major amendments are any proposal to change uses; increases to residential
floor area greater than 5% of the approved square footage; increases to retail,
office, or common floor area greater than 5 % of the approved square footage;
increases or decreases to the number of dwelling, accommodation, or fractional
fee club units; any request to modify, enlarge or expand the boundary of an
approved development plan and any amendment to the approved development
plan that is nat a minor amendment as determined by the Administrator and
defined in this Article
2. Requests for major amendments to an approved development plan shall be
evaluated based upon the degree of deviation of the amendment from the basic
intent and character of the approved development plan and reviewed in
accordance with the procedures described in Section 12-8E-7 of this Article. All
major amendments shall be indicated on a completely revised development plan.
Approved changes shall be noted, signed, dated and filed by the Department of
Community Development.
3. Owners of all property requesting the amendment, or their agents or authorized
representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
district, and owners of all property within the district that may be affected by the
proposed amendment (as determined by the Department of Community
Development). Notification procedures shall be as outlined in subsection 12-3-6C
of this Title.
12-8E-19: TIME REQUIREMENTS
A. Start of Construction; Completion:
The developer must begin initial construction of the development plan within three (3)
years from the time of its final approval, and continue diligently toward the completion of
the project. If the development plan is to be developed in phases, the developer must
Ordinance No. 4, Series 2003 ~ 2
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begin construction of subsequent phases within one year of the completion of the
previous phase.
B. Approval Voided:
If the applicant does not begin and diligently work toward the completion of the
development plan or any stage of the development plan within the time limits imposed
by the preceding subsection, the approval of said development plan shall be void. The
Planning and Environmental Commission shall review the development plan upon
submittal of an application to re-establish the development plan following the procedures
outlined in Section 12-8E-7 of this Article.
Section 2. 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 3. The 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.
Section 4. 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
Ordinance No. 4, Series 2003 13
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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 1st day of April, 2003 and a
public hearing for second reading of this Ordinance set for the 15th day of April, 2003, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
~N OF ~~ ~~ ~' ~~~
~~ ~ Ludwig Kurz~CMaYor
SEAL.
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orel i Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day
of April, 2003. 0~1~ OF V\
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Ludwig Kur~ll~ayor
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relei~onaldson, Town Clerk
Ordinance No. 4, Series 2003 14
N° - 100
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
SS.
• •
I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa-
per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly
in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the
United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend-
ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of ..........1...... consecut insertions; an that the first
publicatio~~n77o~~f said notice was in the issue of said newspaper dated ...... .. ... ~ ..................
A.D...~~U..._,,)~....., and that the last pu~{blic~ation of said notice was in the issue of said newspaper
dated,~~,~Q..1.G.<Q.....~......... A.D.......,t,.~ S~X~,~..........
In witness whereof I have hereunto set my hand this ........,,~..~ay of
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.....................
Publisher
Subscribed and worn to before me, tary public in and for the County of Eagle, State of Colorado,
F
this ........... ~............ day of ................. .. ...,...~
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Notary Public
My Commission expires ...... ........../,...~