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2003- 5~ ~ • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-2-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#+Ics-tgk~/additions are shown bold) LANDSCAPING: For the purposes of this title, natural or significant rock outcroppings, native vegetation, planted P-lantee~-areas and plant materials, including trees, shrubs, lawns, flower beds, and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenfy percent (20%) of the landscaped area. ~ ~~ ~ RECREATION STRUCTURE: Any detached (i.e., not connected to any main structure or structures) covering erected over a recreational amenity which is not a seasonal structure. For the purposes of this title, a recreation sbuctures shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure is subject to design review. VAIL COMPREHENSIVE PLAN: The Vail Comprehensive Plan is an advisory master plan for the development of the Town of Vail. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village Urban Design GuidelinesNail Village Design Considerations (adopted June 11, 1980 and revised January 15, 9993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), Environmental Strategic Plan (adopted 1994), Ford Park Management Plan adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 95, 1998), and Art in Public Places Strategic Plan (adopted November 6, 2001). Ordinance No. 5, Series of 2003 2 ~ . • Section 2. Section 12-3-8 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#+IES t"~~gk+/additions are shown bold) > > > > > > ~, ~. ~aa}~-be-isst~e~ ~ ^ a Section 3. Section 12-61-12 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s~e~~/additions are shown bold) 12-6I-12: Development Plan Contents: r s.._'77a) S; a ~~~~ ~ ' w&t8f6A1~"~~' S; 3 ! ~ / / Ordinance No. 5, Series of 2003 • • • ~,~~ //N ~. ~I ~ S~Q ae ~ee~'ed-r~~ I Ordinance t1o. 5, Serves of 2003 4 ~ . • The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Deparbnent of Community Development Certain submittal requirements maybe waived and/or modiflied by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Section 4. Section 12-7A-8 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~eugh/additions are shown bold) 12-7A-12: Density Control: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Planning and Environmental Commission in accordance with Section 12-7A-12 of this Article. 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 Design Considerations. Total density shall not 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. E-asl~ A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-thin! (1/3) of the total floor area of the dwelling. Ordinance No. 5, Series of 2003 5 • • • Section 5. Section 12-7A-12A-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s~fiiEe-thre~gk~/additions are shown bold) 2. Application; Contents: > > :^r~ as~e-~eaL, a . ,' Fi~~ ss ~ applisatien-s > > #ea#~es: a, a ~a~+elssape ~~n . ~ ~.. ~S. r i Ordinance No. 5, Series of 2003 • • ~n~~ -~qu+no ~c c ~9-A9-~A-11~ ° ° ~Ki~eF 11~ ~S° 33^_ , ° ° , ° • ~E3~S9d-61S9S~fT~. T3':'c'- ~'e~:~ ~'~ 3 ~9~99f~~ .. S 5-~99f~-R9G9 Z 93. n-eelel-shaJ~ba a= e ~_ : a ~-b~-fhe fs a. 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 maybe waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Ordinance No. 5, Series of 2003 7 • • • Section 6. Section 12-76-7A-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~e~gk-/additions are shown bold) 2. Application; Contents: s~; a !agat > > ',,,,/' nos ,~~ ^, cf{99tS6e?~9 ~laf1: M -=~,~ a ~ ' 3~, Af~e-f99~~o°n ~ ~ }~ S ^ ~ Ordinance No. 5, Series of 2003 • • • ., 3 ~,~ ~~~ ~~ c ~/ o 0 ~ , ~9fS~163 c~-~AQ~9 ~( ~ o 0 7•/1/1 D AA 7 0 0 {~S9Tr. . ~ c~ 3. r~-eE-bc ~ s i-Phete--svexlay€ ... ~, ~lis . ~~ 9~}iS-~TI#~ i__~' n °laan+~~ and ~m~ #+s~e~or th sb~r~i##ai•--Fe~:*er~en~s i# i~ :~~ determirs~ th~f th ~ ara-~-e: rale~~a:~*. !s-~#e-pre~esed devetepr~en# n fan ~esirn sri~a~~^, as^sei;-#ert~ in ~ha ~ail~-~+Ilage--man ^asi~: ; amide--Rian s~ Fail ~,'s ^as+gn 6sr._?~era#+en£ arr~ and ~mprekaer~s+ve The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submfttal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vall Comprehensive Plan. The Administrator and/or the Ordinance No. 5, Series of 2003 9 • • • reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. follows: Section 7. Section 12-7C-2B of the Vail Town Code shall hereby be amended as (deletions are shown in additions are shown bold) B. Development Plan Content.' • e, a.~-the • ~ ~ ^ =- , > > a ~, a. . 5. c . ~s . The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by theAdministratorand filed in the Department of Community Deve/opmen~ Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Ordinance No. 5, Series of 2003 1 ~ • • • Section 8. Section 12-7C-5A-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s~e~gl~/additions are shown bold) 2. Application; Contents: . > --,- ;, ~,+s-panae- ~; x s~ apptisa,~lc). ~'~s a. ns a~-t#~e--~aii > > #eat~xes: €, snef--et~e~ . #3£ " ./ /~ 1 " ~ f"CS r)~ ... ~lii~l/~~: 3l'9~eAa9xit~ as^S ?ae6£'S':3 .S3SS 3. -; 8'rc ~1~E~9F}~-9~ Ordinance No. 5, Series of 2003 11 • • • ~~ -E~ir~s~~ ~ area-~-n~ ~ o e~ ~e1s#iss ~e ,9:89-A:-11A~ ~'9°-E=~f o t/S8~ r ~ f.~fe~9ftf~S ;'S £199~19E~-R96E'.c^ . medal-s#~a11-b~ a= . ~~ S~-~}fS--~l~19•: ' as •'a,a=- The Adminisbator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Adminisbator and Bled in fhe Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonsbated by the applicant that the information and materials required are not relevant to fhe proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Ordinance No. 5, Series of 2003 ~ 2 ~~ • ~ Section 9. Section 12-7E-26 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in str+lFa `.k~~~ki/additions are shown bold) B. Plan Content: ~, ~'~ > ~. ~ a C a. ~zt3'. The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and pled in the Department of Community Development. Certain submittal requirements may be waived and/or modiped by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specipcations, samples and other materfa/s if deemed necessary to properly evaluate the proposal. Section 10. Section 12-7F-2B of the Vail Town Code shall hereby be amended as follows: (deletions are shown in &~eugk~/additions are shown bold) B. Plan Content: ^~~~ , Ordinance No. 5, Series of 2003 13 • • • ~-1AQ~3'_'u^ 31~-AFB ^ ~ 3. 3 ^ E 3 S ' M6-~~-aS-~16y6/B• 9R-aO<f6Mft6S: ~. ~E. e1~ ~~iHy ~, The Administrator shall establish the submittal requirements for a general circulation and access plan application. A complete list of fire submittal requirements shall be maintained by the Administrator and Bled in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other mafieria/s if deemed necessary to properly evaluate the proposal. Section 11. Section 12-7H-7B-1 b of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s~rilce-#hfsu~#/additions are shown bold) b. Application; Contents: > > sv; ' ). ~'wid~a~xre& =~° Ordinance No. 5, Series of 2003 14 • ~ • _.. '~ v r - ~v ~ ~ _ - ~ 7 ' „ _ ~ axa ~,~~a L7 5~ o , ~~ ~~AG , ~g~ig-~Al~'i~- „_"'~3~ ,~ ~a ~.a 15 Ordinance No. 5. Series of 2003 s • • r S, ~ r ~ ~ E3'~~8: M€ ~ .t- . The Administrator shall establish the submittal requirements for an exterior alteration or modifcafion 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/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant That the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Section 12. Section 12-71-7B-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in st~il~e-#~s~/additions are shown bold) 2. Application; Contents: ASS; 3 . ), a. ' s). ~~+dnanaes and-adc-~esss e _ . #~ ~ . ~ ~e~y a~ applisatiex~ Ordinance No. 5, Series of 2003 16 • • s - -°°~°` 69e . _ .,.,.~.,;m~ ~e~#'v-# ~~ ~ o .~ ,. ti7 Ordinance No• 5, Series of 2003 • • • 7 ~~ n nn C ... ~ C 1 Q. LS 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/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, speciFcations, samples and other materials if deemed necessary to properly evaluate the proposal. Section 13. Section 12-8D-7 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s~~et~i/additions are shown bold) 12-8D-7: Development Plan Contents: Ordinance No. 5, Series of 2003 ~ 8 • ~ • crrv r• -r - ~ ... ... - ~. .•-• -. ~ ra , T• -~ • ""- • .~ f?" ~. y~- •Rvv...•- - ~~ r is sate-s~#'st~~ ~~2~; ~r-- - Ordinance No. 5, Series of 2003 19 ,~F,~ a ~-~ee~ ase~~ a s • • ef-true--r'-') The Administrator shall establish the submittal requirements for a deve/oprnent plan application. A complete list of the submittal requirements shall be maintained by the Administrator and Pled In the Department of Community Development Certain submittal requirements may be waived and/or modiPed by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. Section 14. Section 12-9A-5 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~eeg#/additions are shown bold) 12-9A-5: Submittal Requirements ma~al~ ~. . ,b Ordinance No. 5, Series of 2003 2!7 • • • lf~fl 3 _ _ , re'}~16~S~i6~©c _. L; _ ~ a ss~ale-pe;t QN ~ I J J ~J ~• t a ~ JJ =~9-'~ ~F~ ~ ~. . 3 ^ 9. ~ ~S Ordinance No. 5, Series of 2003 2 ~ • • !. The Administrator shall establish the submittal requirements for a special development district application. A complete list of the submittal requirements shall be maintained by the Administrator and bled in the Department of Community Development Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specibcaitions, samples and other materials if deemed necessary to properly evaluate the proposal. Section 15. Section 12-11-8 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in st;FilFa thraladditions are shown bold) 12-11-8: Performance Bond: The Building Official shall not issue a final certificate of occupancy for structures which have obtained design reviewapproval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Official may issue a temporary certificate of occupancy not to exceed two hundred ten (21 D) days upon the applicant posting with the Department of Community Developmenta performance bond orothersecurityacceptable to the Town Council in the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant within the period allowed, the temporary certificate of occupancy snail may be revoked until the same are installed by the applicant or by the Town pursuant to the terms of the performance bond or other accepted security that has been approved by the Town. Ordinance No. 5, Series of 2003 22 • ~ • Section 16. Section 12-15-3A-1d of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#~+ke-tlan~~/additions are shown bold) d. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three-fee~{,~'~ forty four inches (44") in height. Section 17. Section 12-15-3A-2g of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#~il~/additions are shown bold) g. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to 'forty four inches (44") in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (1 t?) apart. The space between the posts shall be measured from the outer surface of the post. Section 18. Section 12-15-3A-1 d of the Vail Town Code shall hereby be amended as follows: (deletions are shown in etfike-t~eeg#/additions are shown bold) Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which fhe approval has been granted is discontinued for a period of finro (2) years, regardless of any intent to resume operation of the use. Ordinance No. 5, Series of 2003 23 • • ~ Section 19. Section 12-3-9 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in stfilEe-##~e+~g~ladditions are shown bold) 12-3- 8 8: ZONING CHANGES; TOWN PROPERTY.• A. Appropriate Zoning: All real property owned by the town and acquired by sale, purchase, gift, dedication or any othermeans shall be zoned orrezoned to a zoning category appropriate to the use or proposed use thereof. B. Rezone Requirements: The zoning classification of any real property owned by the town shall not be changed without full compliance with the terms and requirements of this title. C. Town Bound By Title: Property owned by the town shall not be used contrary to the terms of this title, in particular, the restrictions of the zoning district in which the properly is located. Section 20. Section 12-3-10 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#ilca thr8~ladditions are shown bold) 12-3- -~A 9: COMPLIANCE; VIOLATIONS; PENAL TIES: A. Compllance Required: !t is unlawful to use or occupy or to permit the use or occupancy of any building or portion thereof, or site, or both, which may be erected, converted, altered or placed into use in a manner or for a use or a purpose which is not in conformity with the requirements of this Title. B. Building Permit No permit for erection, alteration, moving, or repair of any building, structure, or use shall be issued unless the proposed building, structure, or use complies with the requirements of this Title. A: C. Not Exclusive: In case any building or structure is erected, structurally altered, extended, moved or maintained, or any building, structure or land is used in violation of this title, any person may file a written complaint in the town municipal court alleging said violation. The Kling of a complaint to the municipal court shall be an additional remedy, and shall not preclude the imposition of any other civil or administrative action or sanction. Ordinance No. 5, Series of 2003 24 • • • D. Liability: The owner or general agent of a building or premises where a violation of any provisions of this title has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a ~iscle~eaAerr violation of the Vail Town Code and subject to penalty as provided in section 1-4-1 of this code for each and every day that such violation continues. The correction of a violation shall not restrain imposition of these penalties. Each day such violation continues shall constitute a separate violation. Section 21. 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 22. 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 23. 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 Ordinance No. 5, Series of 2003 25 superseded unless expressly stated herein. i • Section 24. 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 6th day of May, 2003, and a public hearing for second reading of this Ordinance set for the 3`d day of June, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: R ~ ~~~ ~~~y V ~~ SEAI- ~~~~~~~ ~, ori, Town Clerk Ludwig Kurz~Aayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of June, 2003. ~~`+'~ ~~ yam! SEAY- ATTEST: / 1 orelei~onaldson, Town Clerk Ludwig Kurz,~ayor Ordinance No. 5, Series of 2003 26