HomeMy WebLinkAbout2005-29 Amending the Vail Town COde, Title 11 Sign Regulations; Title 12 Zoning Regulations; Title 13 Subdivision Regulations; Title 14 Development Standards Handbook for Proposed Corrections and Clarifications to the Vail Town Code e
. ORDINANCE N0.29
SERIES OF 2005
AN ORDINANCE AMENDING i ~ VAIL TOWN CODE, i t i 1.E 11, SIGN REGULATIONS;
TITLE 12, ZONING REGULATIONS; i i ~ i.,E 13, SUBDIVISION REGULATIONS; i i t LE 14,
DEVELOPMENT STANDARDS HANDBOOK, VAIL TOWN CODE, FOR PROPOSED
CORRECTIONS AND CLARIFICATIONS TO i tt~, VAIL TOWN CODE, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public
hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the
Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended
approval of these amendments at its October 24, 2005 meeting, and has submitted its recommendation to
the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments
• are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the
Vail Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments
further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the
Development Review Handbook; and
WHEREAS, the Planning and Environmental Commission fmds that the proposed amendments
promote the health, safety, morals, and general welfaze of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the highest quality; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and
~ welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
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• Section 1. The purpose of this housekeeping ordinance is to clarify text, correct spelling and
grammatical errors as well as correct errors in codification in the Vail Town Code. (Text that is to be
deleted is Text that is to be added is bold. Text that has not been amended may have been
omitted.)
Section 2. Chapter 11-1 is hereby amended as follows:
11-1-1: DESCRIPTION.•
This Ttitle may be cited as the SIGNREGULATIONSfor the Toown, and shall be
incorporated as Ttitle 11 of this Ceode.
I1-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of
promoting the health, safety, morals, and general welfare of the Ttown of Vail
and to promote the coordinated and harmonious design and placement of signs
in the Ttown in a manner that will conserve and enhance its natural environment
and its established character as a resort and residential community of the highest
quality.
• B. Specific Purpose: These regulations are intended to achieve the
following specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the
Ttown of Vail.
11-1-3: APPLICABILITY.•
Except as provided elsewhere in this Ttitle, the design, placement, and use of any
signs shall be in compliance with all of the regulations specified in this Ttitle. All
signs in the Ttown of Vail are subject to the design guidelines and standards
(Section 11-5-1 of this Ttitle) and review by the Ds~esign Review Bboard
Section 3. Section 11-2-1 is hereby amended as follows:
11-2-1 DEFINITIONS ENIIMERATED.•
AGGRIEVED PERSON.• ~9~r~e~sen ~s ix ~~rHseeEi.;r. '~--3=3~3~i~
eecle- Any person who will suffer an adverse effect to an interest protected or
furthered by this title. The alleged adverse interest may be shared in common
with other members of the community at large, but shall exceed in degree the
general interest in community good shared by all persons.
BALLOON: A flexible bag designed to be inflated with hot air or with a gas,
such as helium, that is lighter than the surrounding air, causing it to rise and
• float in the atmosphere.
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' • BUSINESS, VACATED: A commercial entity that has been closed and
vacated for more than ninety (90) days without intent to reopen.
DISPLAY BDARD: (Also %nown As A MENU
BOA: A freestanding or wall sign enclosed in glass for the express purpose of
displaying menus, real estate listings, entertainment options, or items related to
the advertised business; allowed at eating and drinking establishments, real
estate businesses and movie theaters only.
FRONTAGE, BUILDING: The horizontal, lineal dimension of any side of a
building that has a usable public entrance upon a major vehicular or pedestrian
way or other major circulation area. Where more than one use occupies a
building, each use having a public entrance for its exclusive utilization shall be
considered to have its own linear-ba.;,,'L~'L;,J'.~frontage.
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FRONTAGE, LINEAR: The horizontal, lineal dimension of any side of a first
story, second story, or other above grade level When more than one use
. occupies a building, each use having a public entrance for its exclusive
utilization shall be considered to have its own linear frontage.
PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or
engraved for mounting, as on a wall or the ground, in order to honor a person
or persons, or to denote transfer of the property to the public for public use.
RESIDENTIAL NAMEPLATE SIGN.• A sign erected for the sole purpose of
ident~ing the inhabitant(s) residing therein, and/or the house name or address,
which thaf shall not contain advertising of any kind.
SIGN, CONSTRUCTION ~i&~• ~ ~ 1
r'te ~~e~e~~t
$ig~a: A sign permitted to identify a project under construction and the
associated hazardous conditions as further regulated by Section 11-7-13, Vai!
Town Code.
SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio
media format, including but not limited to movies, television shows and audio
CDs or records
SIGN, GARAGE SALE: (Also referred to as YARD SALE SIGN): A temporary
sign that announces a garage sale or similar event:
SIGN, HANGING . (Also referred to as
• PROJECTING SIG11~ A sign that is attached to a building, extending
horizontally beyond the surface of the building to which it is attached
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• SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is
placed on a memorial site, including a memorial fountain or statue.
SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the Town of
Vail for public use, including directional signs, to control traffic or for other
regulatory purposes
SIGN, PRIVATE NO PARKING: A sign on private property that alerts others
of non public parking space.
SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, or
within a specific zone district of the Town of Vail
SIGN, PROJECTING ~F6~• (Also referred to as a HANGING SIGll~ A sign
that is attached to a building, extending horizontally beyond the surface of the
building to which it is attached.
SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that is
constructed, erected and maintained by the Town of Yail, or with the
permission thereof, in order to inform the public of public amenities,
community activities, special events, and personal information.
SIGN, SALE: A sign that identifies a discounting of merchandise is taking
place within the commercial establishment
• SIGN, TEMPORARY SITE DEYELOPMENT.• A sign permitted to identify and
describe a project under construction and the associated hazardous conditions,
during large scale development periods as determined by the Vail Town
Council, as further regulated by Section 11-7-6, Vail Town Code.
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SIGNS, EXEMPT.• A sign that is not subject to the regulations of this Title.
SIZE: (See also AREA, SIGN.) The dimension of a sign,
determined by the type of sign, as further regulated by Chapter 6, "Business
And Building Identification Signs'; of this Title.
TABLET: A slab or plaque with a surface that is intended for or bears an
inscription.
Section 4. Section 11-3-2 shall be amended as follows:
I1-3-2: LIABILITY.•
The provisions of this Ttitle shall not limit the liability of any person who erects
or owns any sign from personal injury or property damage resulting from the
placing of a sign, or resulting from the negligence or ~l~rl willful acts of such
• person or his/her agents, employees or workers, in the construction,
maintenance, repair, or removal of any sign erected in accordance with a permit
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• issued under the provisions of this Ttitle. The provisions of this Ttitle shall not
impose upon the Toown of Yail, its o,
fJicers, employees, or the Ds~esign Rreview
Bboard, any responsibility or liability by reason of the approval of any sign.
Section 5. Section 11-3-3 shall be enacted as follows:
11-3-3: Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to
the regulations prescribed in this Title, the Planning and Environmental
Commission and Town Council shall consider the following factors with
respect to the requested text amendment:
(1) The extent to which the text amendment furthers the general and specific
purposes of the Sign Regulations; and
(2) The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent with
municipal development objectives; and
• (S) Such other factors and criteria the PEC and/or Town Council deem
applicable to the proposed text amendment
b. Necessary Findings: Before recommending and/or granting an approval of
an application for a text amendment, the Planning and Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
(1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vait Comprehensive Plan
and is compatible with the development objectives of the Town; and
(2) That the amendment furthers the general and specif
is purposes of the Sign
Regulations; and
(3) That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.
Section 6. Section 11-5-2 is hereby amended as follows:
I1-S-2.• DESIGN GUIDELINES
C. Be composed of
predominately natural materials which may include, but
are not limited to, painted, stained, solid, or carved wood; brick,• stone; wrought
iron or metals such as copper or brass that have been treated to prevent
reflective glare; n~r~~~eet~~+e non-reflective glass and stained glass; other
• naturally textured building materials.
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• Section 7. Section 11-6-1 is hereby amended as follows:
I1-6-1: PURPOSE AND DESCRIPTION.•
Business and building identification signs are meant to identify and inform
through the display of the business and/or building name and any graphic
symbols or language pertinent to the advertised enterprise. This Cehapter covers
all of the technical information related to business and building identification
signs. All business and building identification signs shall comply ~e with the
standards outlined in this Cehapter and shall be subject to design review.
Section 8. Section 11-6-3 is hereby amended as follows:
11-6-3: BUSINESS SIGNS:
B. Sign District 2 (SD 2); Number, Area, Height, And Special Provisions Of
Business Signs:
1. Wall and projecting/hanging signs:
a. Number: One per linear l~siness frontage of a business on a major pedestrian
or vehiculaz way with a maximum of three (3) per business.
D. Sign District 2 (SD 2); Measuring Linear Mess Frontage For
Business Signs: Figure 3 of this Ssection illustrates how to measure the linear
frontage of a business. Note: In order to be considered a frontage, that side of a
building or business shall have a major public entrance that opens onto a major
vehicular or pedestrian way.
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Section 9. Section 11-6-4 is hereby amended as follows:
11-6-4: BUILDING IDENTIFICATION SIGNS:
3.5ign Districts 1 And 2; Types Of Building Identification Signs:
c. Joint directory signs:
(1) Number: One joint directory sign per building unless the building has more
than one building frontage (see chapter 2, "Definitions", of this title) with a
combined linear frontage that exceeds one hundred fifty feet (150'), in which case
that building shall be entitled to two (2) joint directory signs. No building
identification sign, other than a joint directory sign, shall be allowed for the side
of a building that houses a joint directory sign.
Section 10. Section 11-?-3 is hereby amended as follows:
11-7-3: PUBLIC INFORMATION SIGNS.•
A. Description: All public information signs shall ~e .:z~j~~t-es~
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include any display board or kiosk with the intended use of locating
posters, handouts, and cards identifying community activities, special events, and
personal information.
B. Size, height, number, location, design, lighting and landscaping: Subject to
design review
• C. Special Provisions: All display boards and kiosks shall be constructed,
erected, and maintained by the Town of Yail or with the permission thereof.
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• Section 11. Section 11-7-6 is hereby amended as follows:
I1-7-6: TEMPORARY SITE DEVELOPMENT SIGNS.•
A. Description: Ape~+g+-:~~'
~fie~rtes i y fie.. ,~;e~ie+~A sign
permitted to identify and describe a project under construction and the
associated hazardous conditions during large scale development periods as
determined by the Town Council.
1. Size: Any site development sign shall not exceed ~j~ta~rey`e~t, :~k-a
~ ~~~-g~e~te~-~k: ~ ~t.:.n-f at ;~9}-Forty-two (42) inches by
fifty-three (53) inches in dimension.
2~eig,~r~~'z , ter ~-s#c~-~~ E : ~ s .
23. Number: One sign per building frontage upon a site.
3~. Location: .ii~~-r?~eu~ed-~~~?~~~ys;,~~~,,'•lel-~e-~':.; :,:etexie:...~.~
as~teen: t~ t. a e~f : ~ ,
,:•;'~~r; ; s~+'~°'+- Signs shall be mounted on construction fencing.
In the absence of construction fencing, atwo-sided sign mounted on a four by
four (4x4) inch post may be placed within a Landscaped planter.
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4~. Lighting: Not permitted.
S~. Special Provisions: Temporary site development signs shall be removed prior
to the issuance of a temporary certificate of occupancy.
6. Content: No content other than listed below shall be included on a
Temporary Site Development Sign.
A. Temporary Site Development Signs shall include the following information:
• (1) Project Name
(2) Building Permit Number
(3) Contact Information: Only one name, one phone number and one email
address shall be permitted
(4) Physical address.
B. Temporary Site Development Signs may include the following information:
(1) Staff approved development slogans.
(2) Brief
factual description of the project
(3) Website address.
(4) Artist Rendering.
(S) Proposed completion date.
Section 12. Section 11-7-13 shall be enacted as follows:
11-7-13: CONSTRUCTIONSIGNS
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions.
1. Size: Any construction sign shall not exceed twenty (20) square feet, with a
horizontal dimension no greater than ten (10) feex
2. Height: The top of a sign shall be no higher than eight feet (8) from grade.
3. Number: One sign per site.
4. Location: A wall mounted sign shall be placed parallel to the exterior wall
adjacent to the street or major pedestrianway which the building abuts and
• shall be subject to design review If no wall exists for sign to be placed, the
sign may be mounted on the construction fence.
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• S. Lighting: Not permitted
6. ,Special Provisions: Construction signs shall be removed prior to the
issuance of a temporary certificate of occupancy.
7. Content: Only the following text shall be included on construction signs
with no other content permitted:
a. Project name
b. Building permit number
c. Contact information: Only one (1) name, one (1) phone number and one (1)
email address shall be permitted.
d. Physical address.
Section 13. Section 11-8-2 is hereby amended as follows:
11-8-2: CRITERIA:
Sign programs shall be required for all new or demolished/rebuilt multi
family
residential projects and for new or demolished/rebuilt commercial projects. Sign
programs may be required for other significant new developments (e.g.,
subdivisions, ski base facilities) or for redevelopment projects at the discretion of
the staff' Existing multi-tenant mehant commercial buildings shall be
required to submit a sign program when applying for new signage. Sign
programs shall be subject to the provisions, standards, and guidelines listed in
this Ttitle.
• Section 14. Section 11-10-1 is hereby amended as follows:
11-10-1: VARIANCES:
A. Purpose: A variance from the Sign Regulations constitutes relief
from
the strict interpretation of the standards and may be granted by the p~g~-arid
Planning and Environmental Commission(PEC) in
cases where there exists a physical limitation that prevents the existence,
placement, or operation of a sign in compliance with the standards of this T,title.
B. Application Procedure: An application for a variance from the sign
regulations may be obtained from the Ceommunity Ddevelopment Ddepartment.
The variance application must include a sign permit application, the applicant's
reasons for requesting a variance, and a nonrefundable fee determined by the
Town Counncil as set forth by Town ordinances. The staff shall set a date for a
hearing before the plans ' „~~~~er-~~~y.,,tr~3~~~?-Planning and
Environmental Commission once the complete application has been received.
Section 15. Section 11-10-2 is hereby amended as follows:
11-10-2: APPEAL OF A VARIANCE:
An appeal to the Town Council ~tewn-eeu~~ of a Planning and Environmental
Commissio .?r.,rr.~~ien (PEC) decision on a sign
variance application may be made in accordance with the appeal process
• (Section 12-3-3 of this Ceode).
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• Section 16. Section 12-1-1 is hereby amended as follows:
12-1-1: TITLE:
This Title may be cited as the ZONING REGULATIONS ~F?~ for the Town,
and shall form and be incorporated as Title 12 of the Town Code of Yail,
Colorado, otherwise referred to as "Pail Town Code mil. "
Section 17. Section 12-2-1 is hereby amended as follows:
12-2-1: WORD CONSTRUCTION.•
Words used in the present tense include the future, and vice versa; words used in
the singular include the plural, and vice versa; the word "shall" is mandatory,
the word "may" is permissive; and whenever reference is made to any portion of
this Title, the reference applies to all amendments and additions now or
hereafter made.
Section 1$. Section 12-2-2 is hereby amended as follows:
12-2-2: DEFINITIONS:
When used in this Ttitle, the words and phrases contained in this Tlitle shall have
the specific meanings as defined in this Ssection.
• An~OUTDOOR RECREATIONAREAS, ACTIVE: Outdoor recreational
activities which involve organized or structured recreation that is associated with
recreational facilities, excluding buildings. For example, active outdoor
recreation would include, but not be limited to: athletic fields, playgrounds,
outdoar basketball and tennis courts, outdoor swimming pools, sledding and
skiing areas, fitness trails with exercise stations, etc.
AFFECTED PROPERTY: Property within a Speciat Development District
that, by virtue of its proximity or relationship to a proposed amendment request
to an approved development plan, may be affected by redesign, density
increase, change in uses, or other modifcations changing the impacts, or
character of the approved Special Development District
AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or
association authorized or empowered in writing by the property owner to act on
his (her) stead If any of the property to be included in the Special Development
District is a condominiumized development, the pertinent condominium
association may be considered the agent or authorized representative jor the
individual unit owners if authorized in conformity with all pertinent
requirements of the condominium association's declarations and all other
requirements of the condominium declarations are met.
ANNEXED AREAS: Parcels of land that have been introduced to the
boundaries of the Town of Yai~
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• ARCHITECTURAL PROJECTIONS: Building projections including, but not
limited to towers, stairs, spires, cupolas, chimneys, flagpoles and similar
architectural
features
ATTIC: The space between the ceiling beams of the top story and the roof
rafters
AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor
fuel, vehicle servicing and repair and optional accessory convenience store.
AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow
producing a total static and dynamic pressure less than six hundred (600)
pounds per square foot on a flat surface normal to the flow and/or a return
interval in excess of twenty five (25) years.
AVALANCHE AREA, RED HAZARD: Any area impacted by a snow
avalanche producing a total static and dynamic pressure in excess of six
hundred (bDD) pounds per square foot on a flat surface normal to the flow
and/or a return interval of less than twenty five (25) years.
AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential
avalanche hazard zone where detailed information is not currently available
but which may be impacted by said hazard These zones of influence shall be
designated on the appropriate maps of the Administrator of the Town.
• BAKERIES AND CONFETIONERIES: Commercial retail or wholesale
properties whose main products are baked goods and desserts, either produced
on the premises or off site.
BARBERSHOP: A commercial establishment whose primary business is the
cutting and/or styling of human hair.
BAY WINDOWS: A window or series of windows that projects from the main
wall of a building and forming a bay or alcove in a room within.
CLUBS, HEALTH: A facility where members or nonmembers use equipment
or space for the purpose of
physical exercise.
DEC% ROOFED OR COVERED: A deck that is protected from the elements
via a roof or other similar covering.
DEED RESTRICTION: A restriction on the use of land or users/owners of
property set forth in a legally binding deed
DENSITY CONTROL: Any requirement of this title that regulates the number
or size of dwelling units per unit of land
DRUGSTORE: An establishment engaged in the retail sale of
prescription
drugs, non prescription medicines, cosmetics and related supplies.
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• ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of
proposed development or action on the environment
FACILITIES, HEALTH CARE: A facility principally engaged in providing
services for health maintenance, diagnosis or treatment of human diseases,
pain, injury, deformity, or physical condition.
FLOOD HAZARD ZONE: That area covered by the base flood The base flood
area is any numbered A, AO, AH, or area of 100
year shallow flooding
indicated on the Flood Insurance Rate Map, associated work maps, and Flood
Insurance Study. The flood hazard zone is also any area indicated as 'flood
plain" as defined by the Gore Creek Flood Plain Information Report, 1975, as
designated in Section 12-21-11 of this Chapter.
FLOOD INSURANCE STUDY: The official report provided by the Federal
Emergency Management Agency that includes flood profales and water surface
elevation of the base flood
FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements):
The floor area within the enclosing walls of a business or structure that is
devoted to the seating of guests for dining or meeting purposes, exclusive of
lobbies, pre
function p~,;car~~+ene areas and kitchen facilities.
FULL TIME EMPLOYEE: A person who works an average of thirty {30)
• hours per week or more on a year round basis in Eagle County, Colorado.
GEOLOGICALLY SENSITIVE AREA: An area within the Town of Vail
which may be subject to rock falls, mud flows, debris flows, debris avalanches,
and unstable soft, slopes or rocks
LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or
other fabrics in machines operated by the patron.
LOBBY: A communal space in or near the entrance area of a building.
MEETING AND CONVENTION FACILITY: A building or buildings that
contain space for the convening of organizations or groups of people for the
purposes of educational, political, social or fraternal advancement
MULTIPLE USE LOADING FACILITY: A facility where a single off street
loading facility serves more than one use or one user.
PARTY WALL: A common wall shared by two attached structures, buildings
or dwelling units.
ht~SSIKE OUTDOOR RECREATIONAREAS, PASSIVE: Outdoor recreation
activities which involve unstructured recreation which does not require facilities
or special grounds. Passive outdoor recreation would include.• picnicking,
fishing, walking, hiking, cross country skiing, informal playing fields, etc.
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PATHS, BICYCLE AND PEDESTRIAN: A Corr'
odor or use b bic cles and
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pedestrians, prohibited
for use by motorized vehicles.
PERSONAL SERVICES: Anon-medical commercial business where a service is
offered to the customer and where accessory retail sales of products related to
the services may be provided, including but not limited to beauty and barber
sho s, tailor sho s d cleaners Laundromats r
P P • rJ' epair shops, and similar
services.
PLANNING,,~,~]AN,~D~ ENVIRONMENTAL COMMISSION.' F!an'ntyxb ~,~.1
~1~~~~•~ L~IIL17iLLi1--CS114b141'J.. ~P ..3~ dY'YRHs'A'..., (S~'tY1.. t?.~
eett~er~ The body responsible for reviewing development proposals or any
matters pertaining to the Commission as provided by the Town Code and to act
in an advisory capacity to the Town Councik The Planning and
Environmental Commission focuses on evaluating projects based on the
Zoning Ordinance, Master Plans, Subdivision Regulations, environmental
concerns, etc., and as established by Chapter 3-2, Vail Town Code.
PRIMARY ROOF.• A roof which covers five hundred (S00) or more square feet of
building area. A primary roof shall not include required secondary roof
forms,
dormers, architectural projections, covered entryways, shop front colonnades,
awnings, louvers, porte cocheres, covered decks, and other similar roof
forms.
This definition is used in the determination of building height in the Lionshead
' Mmixed Use 1 and 2 cane districts. See figures 8-1 S(a-c) in the Lionshead
• Redevelopment Mmaster Pplan for additional clarification.
PRIVATE CLUB.• An association of
persons and its premises established for the .
fraternal, social, educational, recreational, or cultural enrichment of its
members and not primarily for profit, whose are bona fide members paying dues
and meet certain prescribed qualifications for membership, use of such
premises being restricted to members and their guests. Parking structures may
not be the sole facility for a private club.
PRIVATE PARKING STRUCTURES: A parking area within a building for
the.exclusive use of its owners, to be considered an individual land use not to
be linked with parking requirements regulated in Chapter I2-10 of this Title.
PRIVATE UNSTRUCTURED PARKING: A parking area not within a
building for the exclusive use of its owners, to be considered an individual land
use not to be linked with parking requirements regulated in Chapter 12-10 of
this Title.
PROPERTY OWNER: A person, persons or public or private entity with the
right to exclusive use, control, or possession of property due to transfer of
property through a deed or other legal document
PUBLIC PARKING STRUCTURES: A ar i
k n area within a buildin or use
P g gf
by the public, to be considered an individual land use not to be linked with
• parking requirements regulated in Chapter 12-10 of this Title.
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• PUBLIC UNSTRUCTURED PARSING: A parking area not within a building
for use by the public, to be considered an individual land use not to be linked
with parking requirements regulated in Chapter IZ-10 of this Title.
RECREATION AMEMTIES TAX.• A fee or dues levied on certain
devetopment that is used to fund an exterior recreation based improvement or
facility including, but not Limited to, swimming pools, hot tubs, athletic fields
and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds,
and other similar amenities.
RELIGIOUS INSTITUTION: A building used for public worship by any
number of congregations, excluding buildings used exclusively for residential,
educational, recreational or other uses not associated with worship. Includes
churches, chapels, cathedrals, temples, and similar designations
ROOF, FLAT: A roof that is not pitched and the surface of which is generally
parallel to the ground
ROOF, MANSARD: A roof with two slopes on each of four sides, the lower
steeper than the upper.
SHOPS, BEAUTYAND BARBER: A facility where one or more persons
engage in the practice of cosmetology, including hair, nail and skin care.
• SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home
electronics are sold anaUor repaired on the premises.
STTE COVERAGE: The ratio of the total building area of a site to the total area
of a site, expressed as a percentage. For the purposes of calculating site
coverage th~~ejrx,;'~:~; s "building area of a site" shall mean that portion of a site
occupied by any building, carport, pone cochere, arcade, and covered or roofed
walkway constructed at, below, or above grade as measured from the exterior
face of the sheathing of the perimeter walls or supporting columns. For the
purposes of this definition, a balcony or deck projecting from a higher elevation
may extend over a lower balcony, deck or walkway, and in such case the higher
balcony or deck shall not be deemed a roof or covering for the lower balcony,
deck or walkway. In addition to the above, building area shall also include any
portion of a roof overhang, eaves, or covered stair, covered deck, covered porch,
covered terrace or covered patio that extends more than four feet (4') from the
exterior face of the perimeter building walls or supporting columns.
SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a
final major or minor subdivision plat, or a Special Development District
development plan.
SITE: ,See-,~~s~i ~f'Sa~-61 • °it.. (See Also LOT OR SITE) A parcel of land
occupied or intended to be occupied by a use, building, or structure under the
provisions of this title and meeting the minimum requirements of this title. A
lot or site may consist of a single lot of record, a portion of a lot of record, a
• combination of lots of record or portions thereof, or a parcel of land described
by metes and bounds.
13
• SLOPE: •'Fpa ~ 1;~='
~fi3 ::t::E2~E: 8€ r ~
mss; ~:~~-•~r..p ~ , ~-~--~~e
~36~i~91~C~ 1?3 3 's.'i~F899~E}-•@3 pef~!£k'~ ~ ,.r
8 : ~ j' Pd? ~
1:.; 8~ ~~e~-ecE'~ one
e: p~>:t:~s `.~elee€--The
deviation of a surface from the horizontal, expressed in percent or degrees
and calculated through rise over run.
SPECL4L DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC
ANDlOR COUNCIL REVIEW): Any proposal to change uses; increase gross
residential floor area; change the number of dwelling or accommodation units;
modify, enlarge or expand any approved Special Development District (other
than "minor amendments" as defined in this Section), except as provided
under Section 12-1 S-4, "Interior Conversions' ; or 12-1 S-S, "Additional Gross
Residential Floor Area (2S0 Ordinance)' ; of this Title.
• SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF
REVIET~: Modifications to building plans, site or landscape plans that do not
alter the basic intent and character of the approved Special Development
District, and are consistent with the design criteria of this Articles Minor
amendments may include, but not be limited to, variations of not more than
five feet (S) to approved setbacks andlor building footprints; changes to
landscape or site plans that do not adversely impact pedestrian or vehicular
circulation throughout the Special Development District; or changes to gross
floor area (excluding residential uses) of not more than five percent (S%) of
the approved square footage of retail, office, common areas and other
nonresidential floor area.
STORE, CONVENIENCE FOOD: Commercial retail entity that specialize in
selling fast food and beverage, and only includes counter service, not table
services
SUBSTANTLgL IMPROVEMENT: Any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty percent
(SO%) of the market value of the structure. Market value shall be determined
by a qualified assessor designated by the Administrator. The market value of a
structure is determined either A. Before the improvement or repair is started;
or B. If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences, whether or
• not that alteration affects the external.dimensions of the structure. The term
does not, however, include any project for improvement of a structure to
14
• comply with existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions.
TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes
trusses used as structural support, perpendicular to the outside walls, on the
inside oja roof structure.
UNDERLYING ZONE DISTRICT: The zone district existing on the property,
or imposed on the property at the lime the Special Development District is
approved
VARIANCE: Permission to depart from the literal requirements of a zoning
ordinance, as further regulated by this Title.
VEHICLE, COMMERCIAL: A vehicle that is designated for commercial use
through licensing requirements by the State of Colorado.
VESTED PROPERTY RIGHT: The right to undertake and complete the
development and use of property under the terms and conditions of the site
specific development plan, and shall be deemed established upon approval of a
site specific development plan.
VIEW CORRIDOR: An unobstructed location, position or area that permits
an unhindered panoramic vista of particular interest or pleasure or unique
• view to a particular point from a public place, adopted by ordinance, as further
regulated by this Title.
VIEW POINT ORIGINATION: The survey point, called out as the
instrument in each legal description defining a view corridor boundary,
which is the basis for each view corridor.
ZONE DISTRICT: A specifically delineated area in the Town of Vail with
uniform regulations and requirements which govern the use, placement,
spacing, and size of land and buildings as mapped on the Town of Vail Official
Zoning Map.
ZONING MAP: A map that specifies the boundaries of zone districts within
the Town of Vail.
Section 19. Chapter 12-3 is hereby amended as follows:
I2-3-3: APPEALS.•
A. Administrative Actions: Any decision, determination or interpretation by
any Toown Aadministrative Offficial with respect to the provisions of this Title
and the standards and procedures hereinafter set forth shall become final at the
next Planning and Environmental Commission ~y:~r~.~~-~
e~,~~~~~-meeting (or in the case of design related decision, the next Design
• Review Board-~e.;~i~; r ; meeting following the Administrator's
decision, unless the decision is called up and modified by the Board or
Commmission.
" 15
• B. Appeal Of
Administrative Actions:
1. Authority.• The Planning and Environmental Commission p~~g-ctm#
e~+r~~~~L~,~~~-eamr?ri~ien-shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any Ttown administrative
official with respect to the provisions of this Ttitle and the standards and
procedures hereinafter set forth, except that appeals of any decision,
determination or interpretation by any Ttown administrative official with regard
to a design guideline shall be heard by the Design Review Board desk-r=eview
2. Initiation: An appeal may be initiated by an applicant, adjacent property
owner, or any aggrieved or adversely affected person from any order, decision,
determination or interpretation by any Administrator ~is~tii•~ e,,a with
respect to this Ttitle. "Aggrieved or adversely affected person" means any person
who will suffer an adverse ef~
j`ect to an interest protected or furthered by this title.
The alleged adverse interest may be shared in common with other members of
the community at large, but shall exceed in degree the general interest in
community good shared by all persons. The Aadministrator shall determine the
standing of an appellant. If the appellant objects to the As~dministrator's
determination of standing, the Planning and Environmental Commission
' .:.;,~t„t~.~en (or the Design Review Board s~eslg?e
ete+-ti s s~~°~ in the case of design guidelines) shall, at a meeting prior to
hearing evidence on the appeal, make a determination as to the standing of the
appellant. If the Planning and Environmental Commission ~i::o a~..l
,~.~~«sgrer~r(or the Design Review Board des~l : ~ ie~ i~ 'a~ in
• the case of design guidelines) determines that the appellant does not have
standing to bring an appeal, the appeal shall not be heard and the original
action or determination stands.
3. Procedures: A written notice of appeal must be filed with the Aedministrator
or with the Ddepartment of Community Development rendering the decision,
determination or interpretation within twenty (20) calendar days of the decision
becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or
a Ttown observed holiday, the last day for filing an appeal shall be extended to
the next business day. The Asdministrator's decision shall become f
nal at the
next Planning and Environmental Commission pi',:~: ~ ;g.
eemm'~sierrmeeting (or in the case of design related decision, the next Design
Review Board ~srgn-. ~ ~-L ~ meeting following the Aadministrator's
decision, unless the decision is called up and modified by the Board or
Commmission. Such notice shall be accompanied by the name and addresses
(person's mailing and property's physical) of the appellant, applicant, property
owner, and adjacent property owners (the list of property owners within a
condominium project shall be satisfied by listing the addresses for the managing
agent or the board of directors of the condominium association) as well as
specific and articulate reasons for the appeal on forms provided by the Ttown.
The filing of such notice of appeal will require the administrative off cial whose
decision is appealed, to forward to the Planning and Environmental
Commission (or the Design Review
Board a?estgn-~r~+ie;?t„ ~ ~ in the case of design guidelines) at the next regularly
scheduled meeting, a summary of all records concerning the subject matter of the
• appeal and to send written notice to the appellant, applicant, property owner,
and adjacent property owners (notification within a condominium project shall
be satisfied by notifying the managing agent or the board of directors of the
16
b
• condominium association) at least fifteen (1 S) calendar days prior to the hearing.
A hearing shall be scheduled to be heard before the Planning and
Environmental Commission ~b~ s:; r. ~ (or the
Design Review Board es~ in the case of design guidelines) on
the appeal within thirty (30) calendar days of the appeal being filed. The
Planning and Environmental Commission ~~~rr~g-~4d i,~~,L,~~,;r~~
e~„L„LL~,,.~ien (or the Design Review Board in the case of
Da~esign Gguidelines) may grant a continuance to allow the parties additional
time to obtain information. The continuance shall be allowed for a period not to
exceed an additional forty (40) calendar days. Failure to file such appeal shall
constitute a waiver of any rights under this title to appeal any interpretation or
determination made by an Administrato .
4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all
permit activity and any proceedings in furtherance of the action appealed unless
the Administrator-,u -art 5~~ rendering such decision, determination
or interpretation certifies in writing to the Planning and Environmental
Commission e~~:~;:~~;,~r,~,L;z~' „-~ryLN.L,i~sten (or the Design Review
Board , s , y~ in the case of Ddesign Gguidelines) and the
appellant that a stay poses an imminent peril to life or property, in which case
the appeal shall not stay further permit activity and any proceedings. The
Coommission (or Bboard) shall review such certification and grant or deny a
stay of the proceedings. Such determination shall be made at the next regularly
scheduled meeting) of the Planning and Environmental Commission ~,rrg
a,L•, ~,7,L„L~,LL~aT"'f:711L1IL .~~~(OY the Design Review Board eies : e ~:,`?iV
• ~4 ~ a, ~~-in the case of
Ddesign Gguidelines).
S. Findings: The Planning and Environmental Commission ,?~L~y?g-
ers~,.~ L, L?~, 7„L„ L~.gsie~(or the Design Review Board a?esigrr-rte ~,i in
the case of Ddesign Gguidelines) shall on all appeals make specific findings of
fact based directly on the particular evidence presented to it. These findings of
fact must support conclusions that the standards and conditions imposed by the
requirements of this Ttitle have or have not been met.
6. Fee: The Town Ceouncil may set a reasonable fee for filing an appeal of an
administrative decision, determination or interpretation. The fee will be adopted
in a fee schedule which shall be maintained in the Department of Community
Development d<;y a, ~ee,rmm,rn~'~;r 'ew~lelm~,E. The fee shall be paid at the
time the appeal is filed.
C. Appeal Of Planning And Environmental Commission Decisions And
Design Review Board Decisions:
1. Authority: The Town Ceouncil shall have the authority to hear and decide
appeals from any decision, determination or interpretation by the Planning and
Environmental Commission i,L~,Ls r the
~ Design Review Boarddes~id,L ~~+iew-bests with respect to the provisions of this
Ttitle and the standards a
nd procedures hereinafter set forth.
2. Initiation: An appeal may be initiated by an applicant, adjacent property
owner, or any aggrieved or adversely affected person from any order, decision,
determination or interpretation by the Planning and Environmental
Commission or the Design Review
Board desroi~ ,:~,~~-with respect to this Ttitle. "Aggrieved or adversely
affected person" means any person who will suffer an adverse effect to an
. interest protected or furthered by this title. The alleged adverse interest may be
shared in common with other members of the community at large, but shall
i~
6
• exceed in degree the general interest in community good shared by all persons.
The Asdministrator shall determine the standing of an appellant. If the appellant
objects to the Aadministrator's determination of standing, the Town Council
~eiw4-eeetneil shall, at a meeting prior to hearing evidence on the appeal, make a
determination as to the standing of the appellant. If the Town Council tee
ee~ei~determines that the appellant does not have standing to bring an appeal,
the appeal shall not be heard and the original action or determination stands.
The Town Council te~an-eeunei,~may also call up a decision of the Planning and
Environmental Commission : °s. ~r the
Design Review Board by a majority vote of those Town
Ceouncil members present.
3. Procedures: A written notice of appeal must be filed with the Aadministrator
within twenty (20) calendar days of the Planning and Environmental
Commission's e~~~~~~?ssie~r~ decision or the Design
Review Board's~~esig~-t~;- „e- •~ect~=s decision becoming final. if the last day for
filing an appeal falls on a Saturday, Sunday, or a Town observed holiday, the
last day for filing an appeal shall be extended to the next business day. Such
notice shall be accompanied by the name and addresses (person's mailing and
property's physical) of the appellant, applicant, property owner, and adjacent
property owners (the list of
property owners within a condominium project shall
be satisfied by listing the addresses for the managing agent or the board of
directors of the condominium association) as well as specific and articulate
reasons for the appeal on forms provided by the Town. The filing of such notice
of appeal will require the Planning and Environmental Commission p~n~g
• „i, uibh' so~s~isr•t99i~9~pY the Design Review Board •,,xi•~xt
to forward to the Town Council-~ettneri at the next regularly scheduled
meeting a summary of all records concerning the subject matter of the appeal
and to send written notice to the appellant, applicant, property owner, and
adjacent property owners (notification within a condominium project shall be
satisfied by notifying the managing agent or the board of directors of the
condominium association) at least fifteen (1 S) calendar days prior to the hearing.
A hearing shall be scheduled to be heard before the Town Council~ewrres~r~ei~l
on the appeal within forty (40) calendar days of the appeal being
filed. The Town
Council~eeuneil may grant a continuance to allow the parties additional
time to obtain information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) calendar days. Failure to file such appeal shall
constitute a waiver of any rights under this Cehapter to appeal any interpretation
or determination made by the Planning and Environmental Commission
~~.~ien-or the Design Review Boarddesig~r
~e~~
4. Effect Of Filing An Appeal.• The filing of a notice of appeal shall stay all
permit activity and any proceedings in furtherance of the action appealed unless
the Administratorsdn~~'~•;'~,~;°,;~;•~ ~ s,~er~rl rendering such decision, determination
or interpretation certifies in writing to the Town Council~e~-ee~eil and the
appellant that a stay poses an imminent peril to life or property, in which case
the appeal shall not stay further permit activity and any proceedings. The Town
Councilte~ar~-•~eaunerl shall review such certification and grant or deny a stay of
the proceedings. Such determination shall be made at the next regularly
. scheduled meeting of the Town Councilte~a;~ree~erl.
S. Findings: The Town Councik,~° v; i eeuoeil shall on all appeals make specific
findings of
fact based directly on the particular evidence presented to it. These
i8
s
. findings of fact must support conclusions that the standards and conditions
imposed by the requirements of this Title have or have not been met.
6. Fee: The Town Council~eiw4-eaetne~l may set a reasonable fee for filing an
appeal to a Planning and Environmental Commission P&m'~g--~~
e, k,.~ ~ettE~' s mien--or Design Review Board~.~~~: : ~i ~
decision. The fee will be adopted in a fee schedule which shall be maintained in
the Department of Community Development °rt; 3f +~E}+
deav:~'sl~e~. The fee shall be paid at the time the appeal is filed.
D. Procedure For Appeals; Sign Regulations: The procedure for an appeal
of an administrative interpretation of the Ssign Regulations shall be the same as
that of appeals of an administrative action as set forth in Subsection B of this
Ssection.
E. Appeal Of Town Council Decisions: Any applicant, adjacent property
owner, or any aggrieved or adversely affected person aggrieved by a final
decision of the Town Council~~w~-~ee~eil with respect to a filed appeal may
seek review of such decision by a court of competent jurisdiction in the manner
provided by the laws of the Sstate of Colorado.
F. Conduct Of Hearing: The Town Council~eiw4-~L.,.~~ shall have the
authority to set standards, by administrative rule, on appellate hearing
procedures including, but not limited to, time allowance for the presentation of
evidence and the time allowance for oral arguments.
12-3-4: DETERMINATION OF SIMILAR USE:
B. Review Use Characteristics: The Administrator, upon request of the
• Town Ceouncil, or written request of any person for a determination under this
Ssection, shall review the characteristics of any use proposed to be determined
as similar to permitted uses, and shall transmit a report to the council advising in
what respects the proposed use would be, in fact, similar to specified permitted
uses in the same zone district, or in what respects the proposed use would not be
similar to permitted uses, or would be similar to uses specifically permitted only
in other zone districts. After receipt of the report, the Ceouncil may determine
the proposed use to be similar to uses specified as permitted uses in the same
Zone district if it finds that the proposed use will not be substantially d~erent in
its operation or other characteristics from uses specifically permitted in the same
zone district. The Ceouncil shall state the basis for its determination, and the use
thereafter shall be deemed a permitted use subject to the same regulations as
specifically permitted uses in the same zone district.
12-3-5: DECLARATION OF SITE ALLOCATION.•
D. Lots To Meet Standards: No site declared under this Section shall be
I'~I recognized as a usable site pursuant to the provisions of this Title if it results in
creation of any site or parcel of land which does not fully meet the lot site and
dimension requirements of the zone district in which it is located. The
declaration of site allocation procedure shall not be substituted for the
procedures prescribed in Title 13 of this Ceode if the site constitutes a portion of
a parcel which can be further subdivided or otherwise is subject to the provisions
of Title 13 of this Ceode.
12-3-6: HEARINGS:
A. Conduct: When required by statute or by this title, hearings before the
• Planning and Environmental Commission ~`d~ aem~
19
e i
• nd the Town Council ~::e shall be conducted in
accordance with the provisions of this Cehapter.
B. Setting Date: Upon the filing of an application, petition or appeal, the
disposition of which requires a hearing before either the Planning and
Environmental Commission ' ear or the
Town Council ~s~v4-eectnetl or both, pursuant to this title, a date for the hearing
shall be set which shall be not more than thirty (30) days from the date of
filing
of the application or receipt of the document.
C. Notice:
1. Not less than fifteen (1 S) days prior to the date set for the hearing before the
Planning and Environmental Commission
eu~~~,a~ls~sien, the Asdministrator shall cause a copy of the notice to be published
once in a newspaper of general circulation in the Town.
2. In addition to the published notice, the administrator shall cause a copy of the
notice to be mailed by first class mail, postage prepaid to the owner or owners of
record of the property which is subject of the hearing and the owner or owners of
record of the property adjacent to the subject property (if the adjacent property
is a condominium project, notice may be mailed to the managing agent,
registered agent or any member of the board of directors thereo,~, for av~
srrav?t; M1ag+~
a. application to change zone a~z::a_c':: __-a~sg district boundaries;
b. application for a conditional uses permit;
c. application for a variance;
d. application relating to development plans for special development districts; or
• e, application to changes-in-the density control Ssections-i~-an3+ of a ~t#e zone
districts.
D. Evidence:
1. The Planning and Environmental Commission p~ytrYY
eemm£ssie~r shall base its determinations upon statements contained in the
application or petition, upon reports from the Toown staff or consultants, if any,
and upon evidence presented to the Coommission at the hearing.
2. The Town Council~ee~rr~ shall base its determinations upon statements
contained in the application or petition, upon reports from the Toown staf,
j`~ or
consultants, if any, upon evidence submitted to Planning and Environmental
Commission ~~,g-sns~
e, ~mn~;~,~~„~~.~s~ien and the recommendations
or findings of the Coommsssion, and upon evidence presented to the Ceouncil at
the hearing.
3. Hearings shall be conducted in such a manner as to afford an applicant or
petitioner and all interested parties the opportunity to submit exceptions to the
record, contentions, and arguments with respect to the issues entailed, provided
that the Planning and Environmental Commission pir~rr~~>E~y~~~t~
eessren and the Town CounciHe~~ may limit the taking of evidence
to evidence not previously submitted and made a matter of record.
12-3-7: AMENDMENT.•
A. Prescription: The regulations prescribed in this Title and the
boundaries of the zone districts shown on the Oe~cial Zgoning Mmap may be
amended, or repealed by the Town Ceouncil in accordance with the procedures
prescribed in this eehapter.
B. Initiation:
Zo
6
1. An amendment of the regulations of this Title or a change in zone district
boundaries may be initiated by the Town Council ~~~+r4--eec~i~ on its own
motion, by the Planning and Environmental Commission
~„",~~,~,~a~° ,;~~,~~,~rrssien on its own motion, by petition of any resident or
property owner in the Town, or by the Asdministrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the Aadministrator. 7'he
petition shall include a summary of the proposed revision of the regulations, or a
complete description of
proposed changes in zone district boundaries and a map
indicating the existing and proposed zone district boundaries. If the petition is
for a change in zone district boundaries, the petition shall include a list of the
owners of all properties within the boundaries of the area to be rezoned or
changed, and the property adjacent thereto. The owners' list shall include the
names of all owners, their mailing and street addresses, and the legal description
of the property owned by each. Accompanying the list shall be stamped,
addressed envelopes to each owner to be used for the mailing of the notice of
hearing. The petition also shall include such additional information as
prescribed by the Asdministrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment:
a. Factors, Enumerated: Before acting on an application for a zone district
boundary amendment, the Planning and Environmental Commission p~rweing
and Town Couneilteran-eel shall consider
the following factors with respect to the requested zone district boundary
• amendment:
b. Necessary Findings: Before recommending and/or granting an approval of an
application for a zone district boundary amendment, the Planning and
Environmental Commission plw~,r,~r, '.~~k,~r and the
Town Council~~ r~ ~ ~ shall make the following findings with respect to the
requested amendment:
(1) That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Yail Comprehensive Plan esel~?r~n and
compatible with the development objectives of the Town; and
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to
the regulations prescribed in this Title, the Planning and Environmental
Commission wire,,„~o,uuz.' oa„„,k?'i3is~4 and Town Council
eel shall consider the following factors with respect to the requested text
amendment:
(1) The extent to which the text amendment furthers the general and specific
purposes of the T.goning R~regulations; and
(2) The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
i outlined in the Yail Comprehensive Pla.~~~„~yt~ekens:re r-'~ and is compatible
with the development objectives of the Toown; and
(S) Such other factors and criteria the Planning and Environmental
Coommsssion and/or Ceouncil deem applicable to the proposed text amendment.
b. Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the Planning and Environmental
• Commission and the Town Couneil~e~t
z~
B
• ea~eil shall make the following findings with respect to the requested
amendment.•
D. Fee: The Town Councilte~-ee~rrei~ shall set a fee schedule for petitions
for amendment of the regulations of this Title or a change in zone district
boundaries, sufficient to cover the cost of Toown staf,~'time and other expenses
incidental to the review of the petition.
E. Hearing.• Upon filing of a petition for amendment or upon initiation of an
amendment by the Town Councilteian-'ee~ei~, Planning and Environmental
Commission , ~ or Aadministrator, the
Administrator shall set a date for hearing in accordance with the provisions of
Subsections 12-3-6C and D of this Cehapter.
F. Planning And Environmental Commission Recommendation: Within
twenty (20) days of the closing of a public hearing on a proposed amendment, the
Planning and Environmental Commission a++~4~a~
eeom~sie~ shall act on the petition or proposal. The Ceommission may
recommend approval of the petition or proposal as initiated, may recommend
approval with such modifications as it deems necessary to accomplish the
purposes of this Title, or may recommend denial of the petition or rejection of
the proposal. The Ceommission shalt transmit its recommendation, together with
a report on the pubtie hearing and its deliberations and findings, to the Town
Councilt~~~;~ree~r~erl.
G. Hearing By Town Council: Upon receipt of the report and
recommendation of the Planning and Environmental Commissionr~g-~
.;,,•,',~~~s„<<re~st~ „s««~«~sien, the Town Ceouncil shall set a date for hearing in
• accordance with Subsection 12-3-6B of this Cehapter.
H. Action By Town Council.• Within twenty (20) days of the closing of a
public hearing on a proposed amendment, the Town Counei~•~`a - t-,: i s l shall
act on the petition or proposal. The Town Councilte~~~iei~ shall consider
but shall not be bound by the recommendation of the Planning and
Environmental Commissionpk'a~«k~+~~:~",~,"3~4i .The Town
Councilte~:;i e~em4eil may cause an ordinance to be introduced to amend the
regulations of this Ttitle or to change zone district boundaries, either in
accordance with the recommendation of the Planning and Eenvironmental
Ceommission or in modified form, or the Ceouncil may deny the petition. If the
Ceouncil elects to proceed with an ordinance amending the regulations or
changing zone district boundaries, or both, the ordinance shall be considered as
prescribed by the charter of the Town.
Section 20. Section 12-4-I is hereby amended as follows:
12-4-1: DESIGNATED:
The following zone peg districts are established:
Hillside Residential (HR) District rL~r _ r °t
Single-Ffamily Residential (SFR) District ° °=a~--"~' "
Two- Ffamily Residential (R) District
Two- Ffamily Primary/Secondary Residential (PS) District ~„.~,~ka,~,,'see~
Residential Cluster (RC) District el~ster fiF~63et
• Low Density Multiple-Fatuity (LDMF) District Orly :>garlt~e-,f+~~}+ f~$A4F)
dtst~ieE
22
b
. Medium Density Multiple-Family (MDMF) District
High Density Multiple-Family (HDMF) District aten3i`,~ mu~pl~~+
Housing (H~rs~tet District
Public Accommodation (PA) District seee~rernec,'.,~; ~ ; ~ ,~~4,~P
Commercial Core 1 (CCI) District ee~e ~-{€'C~~St~reF
Commercial Core 2 (CC2) District
Commercial Core (CC3) District 3 C a'_'~= `
Commercial Service Center (CSC) District rno^' a-'~:-'
Arterial Business (ABD) District
Heavy Service (HS) District ' ',Friel
Lionshead Mixed Use 1 (LMU-1) District
Lionshead Mixed Use 2 (LMU-2) District ntixe~' aes~ ' ,'T ' a'
Agricultural And Open Space (A) Districts' sh e-i. ~r a'°`-'~'
Outdoor Recreation(OR) District
Natural Area Preservation (NAP) District
Ski BaselRecreation (SBR) District ~e,~~s e a~,'~
Ski Base/Recreation 2 (SBR2) District ~:,~a~:ia:: '-~~~b~?)
Special Development (SDD) District
Parking (P) Districiet
General use Use (GU) District
• Section 21. Section 12-4-2 is hereby amended as follows:
12-4-2: PERMITTED USES.•
A. Listed Uses Exclusive: The listing of any use as being a permitted use in
any particular zone district shall be deemed an exclusion of such use from any
other zone district unless expressly permitted as a permitted use, conditional use
or accessory use.
Section 22. Chapter 12-5 is hereby amended as follows:
CHAPTER 12-5: OFFICIAL ZONING MAP
12-5-2: FILING:
The Off cial Zoning Map shall be filed in the office of the Town Clerk and shall
be identified by the signature of the Mayor, attested by the Town Clerk, and bear
the Seal of the Town under the following words:
This is to certify that this is the Off cial Zoning Map referred to in Section 12-5-1
of the Zoning Title, Town of Yail, Colorado, together with the date of the
adoption of the ordinance codified in the Zoning Title and the date of the most
recent change in zone district boundaries shown thereon.
I2-S-3: CHANGES:
No change shall be made in the zone district boundaries or other matter shown
on the Official Zoning Map except by appropriate action of the Town Council in
accord with Sections 12-3-1 through 12-3-7 of this Title. Any change adopted by
the Town Council shall be entered on the Off cial Zoning Map promptly, together
• with an entry noting the date of the change and a brief description of the nature
of the change, which entry shall be attested by the Town Clerk. The date of the
23
B
• most recent change shall at all times be indicated on any copies of the Official
Zoning Map subsequently reproduced.
12-S-S: INTERPRETATION OF BOUNDARIES.•
F. Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map or in circumstances not
covered by Ssubsections A through E of this Section, the Town Council shall
interpret the zone district boundaries.
12-5-6.• PROPERTY WITHOUT ZONE DISTRICT DESIGNATION.•
Section 23. Chapter 12-6 is hereby amended as follows:
12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT
12-6A-1: PURPOSE:
The Hillside Residential District ~ "'~:a~ °~a~ .~t`~~'--~~rie~ is intended to
provide sites for low density single family residential uses, together with such
public facilities as may be appropriately located in the same zone district. The
Hillside Residential District ~ is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with single family occupancy, and to maintain the desirable low density high
quality residential development of such sites by establishing appropriate site
development standards.
12-6A-2: PERMITTED USES:
• The following uses shall be permitted in the HR Ddistrict:
Single family residential dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Type vemployee housing unit, one per lot, as,setforth in Cehapter 13 of this
Title.
12-6A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Tfitle.
Equestrian facilities located on five (S) acre minimum lot size area on property
bordering public land.
Funiculars; and other similar conveyances.
Home child daycare facilitiesp as further regulated by Section 12-14-I2 of this
Title.
12-6A-4: ACCESSORY USES:
~ The following accessory uses shall be permitted in the HR Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofS~ection 12-14-12 of this Title.
• 12-6B: SINGLE-FAMILYRESIDENTIAL (SFR) DISTRICT
12-6B-1: PURPOSE:
24
B
• The Single
family Residential District fret is
intended to provide sites for low density single
family residential uses, together
with such public facilities as may be appropriately located in the same zone
district. The Single
family Residential District diet
is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single
family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site
development standards.
12-6B-2: PERMITTED USES:
The following uses shall be permitted in the SFR Ddistrict:
Single family residential dwellings.
Type IYemployee housing units, as further regulated by Chapter 13 of this
Title.
12-68-3: CONDITIONAL USES.•
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
Title.
Bed and breakfasts as further regulated by S9ection 12-14-18 of this Title.
Dog kennels.
Funiculars; and other similar conveyances.
Home child daycare facilitiesq? as further regulated by Section 12-14-12 of this
Title.
. Public buildings, grounds and facilities.
Public and~sr~-private schools.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing unit as set forth in Cehapter 13 of this T#itle.
12-6B-4: ACCESSORY USES:
The following accessory uses shall be permitted in the SFR Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofS~ection 12-14-12 of this Ttitle.
Private greenhouses, tool sheds, playhouses, garages or carports, swimming
pools, patios, or recreation facilities customarily incidental to single family uses.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-6C: TWO-FAMILYRESIDENTIAL (R) DISTRICT
12-6C-1: PURPOSE:
The Two family Residential District ~r e f~ ?~rr~t.rr,~ ~ is intended to
provide sites for low density single
family or two family residential uses,
together with such public facilities as may be appropriately located in the same
zone district. The Two
family Residential District afar ' ~i~iet
is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single
family and two family occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards.
2s
e
• 12-6C-2: PERMITTED USES.•
The following uses shall be permitted in the R Ds~istrict:
Single family residential dwellings.
Two family residential dwellings.
Type I employee housing units as further regulated by ~fe~t•1~-i~rt Cehapter 13 of
this Ttitle.
Type Iiiemployee housing units, as further regulated by Chapter 13 of this
Title.
12-6C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R Ddistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Bed and breakfasts as further regulated by Ssection 12-14-18 of this Title.
Dog kennels.
Funiculars, and other similar conveyances.
Home child daycare facilitiesy as further regulated by Section 12-14-12 of this
Title.
Public buildings, grounds and facilities.
Public ands-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing units as set forth in Cehapter 13 of this Title.
• 12-6C-4: ACCESSORY USES:
Tlie following accessory uses shall be permitted in the R Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 12-14-IZ of this Title.
Private greenhouses, tool sheds, playhouses, garages or carports, swimming
pools, patios, or recreation facilities customarily incidental to single family and
two family residential uses.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT
12-6D-1: PURPOSE:
The Two
family Primary/Secondary Residential District ~iw~,~
~ ~ 3~ ieE is intended to provide sites for single-
family residential uses or two family residential uses in which one unit is a
larger primary residence and the second unit is a smaller caretaker apartment,
together with such public facilities as may appropriately be located in the same
zone district. Tlie Two family Primary/Secondary Residential District ~e-
.~~1' ' s4s~riet is intended to ensure adequate
light, air, privacy and open space for each dwelling, commensurate with single-
family and two family occupancy, and to maintain the desirable residential
qualities of such sites by establishing appropriate site development standards.
• 12-6D-2: PERMITTED USES:
Tlie following uses shall be permitted:
Single family residential dwellings.
26
i
tl
• Two family residential dwellings.
Type I employee housing units as further regulated by~~an Cehapter 13
of this Title.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
Title:
Bed and breakfasts as further regulated by Section 12-14-18 of this Ttitle.
Funiculars, and other similar conveyances.
Home child daycare facilitj+ies as further regulated by Section 12-14-12 of this
Title.
Public buildings, grounds and facilities.
Public and private schools.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 11 employee housing units as set
forth in Cehapter 13 of this Tfitle.
12-6D-4: ACCESSORY USES.•
The following accessory uses shall be permitted:
Home occupations, subject to issuance of a home occupation permit in accord
• with the provisions of Cehapter 14 of this Title.
12-6D-8: DENSTTY CONTROL:
B. Gross Residential Floor Area:
2. The secondary unit shall not ezceed forty percent (40%) of the allowable
gross residential floor area (GRFA).
12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT
12-6E-1: PURPOSE:
The Residential Cluster District ~ is intended to provide
sites for single family, two family, and multiple family dwellings at a density not
exceeding six (6) dwelling units per acre, together with such public facilities as
may appropriately be located in the same zone district. The Residential Cluster
District fret is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with residential
occupancy, and to maintain the desirable residential qualities of the zone district
by establishing appropriate site development standards.
12-6E-2: PERMITTED USES:
The following uses shall be permitted in the RC Ddistrict:
Multiple family residential dwellings, including attached or row dwellings and
condominium dwellings with no more than four (4) units in any new building.
S'n 1
c e- anvil residential dwellin s.
g f Y
g
Two family residential dwellings.
• Type IV employee housing units, as further regulated by Chapter I3 of this
Title.
27
• 12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC Ddistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Ttitle:
Bed and breakfasts as further regulated by Section I Z-14-18 of this Title.
Dog kennels.
Funiculars, and other similar conveyances.
Home child daycare facilittesy as further regulated by Section 12-14-12 of this
Title.
Private clubs.
Public buildings, grounds and
facilities.
Public and-e~-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Title.
12-6E-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the RC Ddistrict:
Home occupations, subject to issuance of a home occupation permit in accord
with the provisions of Section 12-14-12 of this Title.
Private greenhouses, tool sheds, playhouses, attached garages or carports,
swimming pools, patios, or recreation facilities customarily incidental to single-
family, two family or low density multiple family residential uses.
• Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-6F.• LOWDENSITYMULTIPLE-FAMILY (LDMF) DISTRICT.•
12-tSF-1: PURPOSE:
The Low Density Multiple Family District ' 'z fxrni,lj+ ~ is
intended to provide sites for single
family, two family and multiple
family
dwellings at a density not exceeding nine (9) dwelling units per acre, together
with such public facilities as may appropriately be located in the same zone
district. The Low Density Multiple Family District
siet is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with low density occupancy, and to maintain the
desirable residential qualities of the zone district by establishing appropriate site
development standards.
12-tiF-2: PERMITTED USES.•
The following uses shall be permitted in the LDMF Dblistrict:
Multiple
family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single family residential dwellings.
Two family residential dwellings.
~ Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
12-6F-3: CONDITIONAL USES:
~ •
2s
• The following conditional uses shall be permitted in the LDMF Ddistrict, subject
to issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Ttitle:
Bed and breakfasts as further regulated by Ssection 12-14-18 of this T,Eitle.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by Ssection 12-14-12 of this
Title.
Private clubs.
Public buildings, grounds and facilities.
Public ands-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Title.
12-6F-4: ACCESSORY USES:
The following accessory uses shall be permitted in the LDMF Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofS~ection 12-14-12 of this Title.
Private greenhouses, tool sheds, playhouses, attached garages or carports,
swimming pools, patios, or recreation facilities customarily incidental to single-
family, two family or low density multiple family residential uses.
Other uses customarily incidental and accessory to permitted or conditional
• uses, and necessary for the operation thereof
12-6G: MEDIUMDENSITYMULTIPLE-FAMILY (1tiIDMF) DISTRICT.•
12-6G-1: PURPOSE:
The Medium Density Multiple Family District ~~-a~~... ~
f
diet is intended to provide sites for multiple family dwellings at densities to a
maximum of eighteen (18) dwelling units per acre, together with such public
facilities as may appropriately be located in the same zone district. The Medium
Density Multzple Family District ~n--fle~s:~~ ~~~'e~}+ ~ is
intended to ensure adequate light, air, open space, and other amenities
commensurate with multiple family occupancy, and to maintain the desirable
residential qualities of the zone district by establishing appropriate site
development standards. Certain nonresidential uses are permitted as conditional
uses, and where permitted, are intended to blend harmoniously with the
residential character of the zone district.
12-6G-2: PERMITTED USES:
The following uses shall be permitted in the MDMF Ddistrict.•
Multiple family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single family residential dwellings.
i Two family residential dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
• 12-6G-3: CONDITIONAL USES.•
29
• The following conditional uses shall be permitted in the MDMFDdistrict, subject
to issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Bed and breakfasts as further regulated by Soection 12-14-18 of this Title.
Dog kennels.
Funiculars, and other similar conveyances.
Home child daycare facilitiesg+ as further regulated by Ssection 12-14-12 of this
Title.
Private clubs and civic, cultural and
fraternal organizations.
Public buildings, grounds, and facilities.
Public and-s~-private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Title.
12-6G-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the MDMF District:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of
Ssection 12-14-12 of this Title.
Private greenhouses, tool sheds, playhouses, attached garages or carports,
swimming pools, patios, or recreation facilities customarily incidental to
permitted residential uses.
Other uses customarily incidental and accessory to permitted or conditional
• uses, and necessary for the operation thereof.
12-6H.• HIGHDENSITYMULTlPLE-FAMILY (hmMF) DISTRICT.•
12-6H-1: PURPOSE:
The High Density Multiple Family District ~s~riet
l5 intended to provide sites for multiple
family dwellings at densities to a
maximum of twenty five (2S) dwelling units per acre, together with such public
and semipublic facilities and lodges, private recreation facilities and related
visitor oriented uses as may appropriately be located in the same zone district.
The High Density Multiple Family District ~~it~ net~~y +drst~tet
is intended to ensure adequate light, air, open space, and other amenities
commensurate with high density apartment, condominium and lodge uses, and to
maintain the desirable residential and resort qualities of the zone district by
establishing appropriate site development standards. Certain nonresidential uses
are permitted as conditional uses, which relate to the nature of Yail as a winter
and summer recreation and vacation community and, where permitted, are
intended to blend harmoniously with the residential character of the zone
district.
12-6H-2: PERMITTED USES:
The following uses shall be permitted in the HDMF Ddistrict.•
Lodges, including accessory eating, drinking, recreational or retail
establishments, located within the principal use and not occupying more than ten
percent (10%) of the total gross residential floor area (GRFA) of the main
• structure or structures on the site; additional accessory dining areas may be
located on an outdoor deck, porch, or terrace.
30
• Multiple family residential dwellings, including attached or row dwellings and
condominium dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
12-6H-3: CONDITIONAL USES.•
The following conditional uses shall be permitted in the HDMF district, subject
to issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Ttitle:
Bed and breakfasts as further regulated by Section 12-14-18 of this Title.
f-Religious Institutions.
Dog kennels.
Funiculars, and other similar conveyances.
Home child daycare facilities~+ as further regulated by Section 12-14-12 of this
Title.
Private clubs and civic, cultural and
fraternal organizations.
Private parking structures
Private unstructured parking.
Public buildings, grounds and facilities.
r . z:.:.,,,
~~~:a
Public and~r-private schools.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
• Public unstructured parking.
Public utility and public service uses.
Ski lifts and tows.
Timeshare estate units, fractional fee units and timeshare license units.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle.
12-6H-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the FIDMFDdistrict:
Home occupations, subject to issuance of a home occupation pemut in
accordance with the provisions of Saection 12-14-12 of this Title.
12-6I.• HOUSING (I1J DISTRICT.•
12-6I-1: PURPOSE:
The Housing District heg ie# is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zoning districts. It is necessary in this zone
district to provide development standards specifically prescribed for each
~ development proposal or project to achieve the purposes prescribed in Section '
12-1-2 of this Title and to provide for the public welfare. Certain nonresidential
~ uses are allowed as conditional uses, which are intended to be incidental and
secondary to the residential uses of the district. The Housing District #ag
is intended to ensure that employee housing permitted in the zone district
is appropriately located and designed to meet the needs of residents of Yail, to
harmonize with surrounding uses, and to ensure adequate light, air, open spaces,
• and other amenities appropriate to the allowed types of uses.
12-6I-2.• PERMITTED USES:
31
• The following uses shall be permitted in the HDdistriet:
Bicycle and pedestrian paths
Deed restricted employee housing units, as further described in Cehapter 13 of
this Ttitle.
Passive outdoor recreation areas, and open space.
~.1.
12-6I-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDblistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Commercial uses which are secondary and incidental (as determined by the
Pplanning and Eenvironmental Ceommission) to the use of employee housing
and specifically serving the needs of the residents of the development, and
developed in conjunction with employee housing, in which case the following
uses may be allowed subject to a conditional use permit.•
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars, and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, Laundromats, beauty and barber
shops, tailor shops, and similar services.
Retail stores and establishments.
• Dwelling units (not employee housing units) subject to the following criteria to
be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of
subsidizing employee
housing on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed thirty percent (30%) of the total GRFA constructed on the
property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools r'; !.:'~s~ir~~a~e~re
~~es.
Public buildings, ate-grounds and facilities.
Public parks- and recreational facilities.
Public utilities installations including transmission lines and appurtenant
equipment.
Type VI employee housing units, as further regulated by Cehapter 13 of this
Title.
12-6I-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the HDdistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-14-12 of this Title.
• 12-61-11: DEVELOPMENTPLANREQUIRED:
32
• A. Compatibility With Intent: To ensure the unified development, the
protection of the natural environment, the compatibility with the surrounding
area and to assure that development in the Housing District #eu9,i~g diet will
meet the intent of the zone district, an approved development plan shall be
required.
B. Plan Process And Procedures: The proposed development plan shall be
in accordance with Section 12-6I-12 of this Article and shall be submitted by
the developer to the Administraton~s~r who shall refer it to the
Planning and Environmental Commission ~~-s~ i,.~.r~.?extc~l
e~e;tsgis~, which shall consider the plan at a regularly scheduled meeting.
C. Hearing: The public hearing before the Planning and Environmental
Commission ,;;;~4~,t~,~s~rert shall be held in
0
accordance with Ssection 12-3-6 of this Title. The Planning and Environmental
Commission p~,~„~~, b wren--erry~~„k,,,, 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 ~e~-ee~enei~{ in accordance with Section 12-3-3
of this Title.
D. Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the Housing District ~ red.
E. Amendment Process: Amendments to the approved development plan will
be considered in accordance with the provisions of Section 12-9A-10 of this
Title.
• F. Design Review Board Approval Required: The development plan and
any subsequent amendments thereto shall require the approval of the Design
Review Board d;-.~r~e~~ in accordance with the applicable provisions
of Cehapter I1 of this Title prior to the commencement of site preparation.
12-6I-12: DEVELOPMENT PLAN CONTENTS:
The Aa~dministrator shall establish the submittal requirements for a development
plan application. A complete list of the submittal requirements shall be
maintained by the Aadministrator and filed in the Dstepartment of Ceommunity
Dblevelopment. 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
Yail Comprehensive Plan.eamprehen:~::; e The Administratoradn~i~er
and/or the reviewing body may require the submission of additional plans,
drawings, specifications, samples and other materials if deemed necessary to
ro erl
p p y evaluate the ro osal.
P P
12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVAL UATION.•
E. Environmental impacts resulting from the proposal have been identified
in the project's Eenvironmental Itmpact R•report, if not waived, and all necessary
mitigating measures are implemented as a part of the proposed development
plan.
• Section 24. Chapter 12-7 is hereby amended as follows:
33
c
• 12-7A: PUBLIC ACCOMMODATIONSDISTRICT
12-7A-1: PURPOSE:
The Public Accommodation District #eu'~g
e~ is intended to provide sites for lodges and residential accommodations
for visitors, together with such public and semipublic facilities and limited
professional offices, medical facilities, private recreation, commercial/retail and
related visitor oriented uses as may appropriately be located within the same
zone district and compatible with adjacent land uses. The Public
Accommodation Districtp~ie-,x~,.;>>~~~,~~xa~ie~r ~ is intended to ensure
adequate light, air, open space, and other amenities commensurate with lodge
uses, and to maintain the desirable resort qualities of the zone district by
establishing appropriate site development standards. Additional nonresidential
uses are permitted as conditional uses which enhance the nature of Yail as a
vacation community, and where permitted uses are intended to function
compatibly with the high density lodging character of the zone district.
12-7A-2: PERMITTED USES.•
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
total gross residential floor area of the main structure or structures on the site;
additional accessory dining areas may be located on an outdoor deck, porch, or
terrace.
Type IV employee housing units, as further regulated by Chapter 13 of this
• Title.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA Ddistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Bed and breakfasts, as further regulated by Section 12-14-18 of this Title.
Religious institutions
r-~-
Fractional fee club units as further regulated by Subsection 12-16-7A8 of this
Title.
xt~ ' ~,;~tite~s-
Health care facilities.
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and occupying between ten percent (10%) and fifteen
percent (1 S%) of the total gross residential floor area of the main structure or
structures on the site.
Major arcade , „ :~.a.h,~- ~ a~
i:-a~,
Private clubs and civic, cultural and fraternal organizations.
Private parking structures
Private unstructured parking.
Professional and business offices.
Public buildings, grounds and facilities.
Public parking structures.
• ~ ~~rr~~rrl~b fs .
Public and s~ private schools.
Public parks and recreational facilities.
34
6
• Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Ski lifts and tows.
Theaters and convention facilities.
Type III employee housing units as provided in Cehapter 13 of this Title.
12-7A-4.• ACCESSORY USES:
The following accessory uses shall be permitted in the PA Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of
Section 12-14-12 of this Title.
Meeting rooms.
Minor arcades.
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 Pplanning and Eenvironmental
Ceommission and/or the Ddesign Rtreview Bboard, variations to the setback
standards outlined above may be approved during the review of exterior
alternations or modifications (Section 12-7A-12 of this Article) subject to the
applicant demonstrating compliance with the following criteria:
B. Proposed building setbacks comply with applicable elements of the Vail
V~+illage Urban Ddesign Gguide Pplan and D~tesign Ceonsiderations.
• 12-7A-8: DENSITY CONTROL:
III Up to one hundred fifty (1 SO) 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 Pplanning and Eenvironmental Ceommission in accordance with Ssection
12-7A-12 of this Aarticle. Specifically, in determining allowable gross residential
floor area the Pplanning and Eenvironmental Ceommission shall make a finding
that proposed gross residential floor area is in conformance with applicable
elements of the Vail V~+illage Urban Ddesign Gguide Pplan and Design
Ceonsiderations. 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.
A dwelling unit in a multiple family building may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
12-7A-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (6S%) of the total site area.
Final determination of allowable site coverage shall be made by the Pplanning
and Eenvironmental Ceommission and/or the Ddesign Review Bboard in
accordance with Ssection 12-7A-12 of this Aarticle. Specifically, in determining
allowable site coverage the Pplanning and Eenvironmental Ceommission and/or
• the Design Review Bboard shall make a finding that proposed site coverage is
in conformance with applicable elements of the Vail V~+illage Urban Design
Gguide Pplan and Design Ceonsiderations.
35
B
• 12-7A-11: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with Cehapter 10
of 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 shall be located in any
required front setback area. Below grade underground structured parking and
short term guest loading and drop off shall be permitted in the required front
setback subject to the approval of the PPlanning and Eenvironmental
Ceommission and/or the Design Review Board.
12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: The construction of a new building or the alteration of
an existing building shall be reviewed by the Ddesign R~review Bboard in
accordance with Cehapter 11 of this T~itde. However, any project which adds
additional dwelling units, accommodation units, fractional fee club units, any
project which adds more than one thousand (1,000) square feet of commercial
floor area or common space, or any project which has substantial off site impacts
(as determined by the Aadministrator) shall be reviewed by the PPlanning and
Eenvironmental Ceommission as a major exterior alteration in accordance with
this Cehapter and Section 12-3-6 of this Title. Complete applications for major
exterior alterations shall be submitted in accordance with administrative
schedules developed by the Ddepartment of Ceommuniry Development for
PPlanning and Eenvironmental Ceommission 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 representative on a form provided by the
Aadministrator. Any application for condominiumized buildings shall be
authorized by the condominium association in conformity with all pertinent
requirements of the condominium association's declarations.
2. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or modification application. A complete
list of the submittal requirements shall be maintained by the Aa~dministrator and
filed in the Department of Ceommunity Ddevelopment. Certain submittal
requirements may be waived and/or modified by the Aadministrator 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 Ceomprehensive PPlan. The
Aadministrator 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.
3. Work Sessions/Conceptual Review: If requested by either the applicant or the
Aadministrator, submittals may proceed to a work session with the PPlanning
and Eenvironmental Ceommission, a conceptual review with the Design
Review Bboard, or a work session with the Town Ceouncil.
4. Hearing: The public hearing before the PPlanning and Eenvironmental
Ceommission shall be held in accordance with Section 12-3-6 of this T,title. The
PPlanning and Eenvironmental Ceommission may approve the application as
• submitted, approve the application with conditions or modifications, or deny the
application. The decision of the PPlanning and Eenvironmental Ceommission
36
tl
• may be appealed to the Town Ceouncil in accordance with Section 12-3-3 of
this Ttitle.
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 Eenvironmental Ceommission and the
Dstesign Review Bboard that the proposed exterior alteration or new
development is in compliance with the purposes of the Public Accommodation
~er~e District, that the proposal is consistent with applicable elements of the
Vail V~+illage Mn4aster Plan, the Vail V~+illage Urban Design Ggttide Plan
and the Yail S~treetscape Mn4aster Plan, and that the proposal does not
otherwise have a significant negative effect on the character of the
neighborhood, and that the proposal substantially complies with other applicable
elements of the Yail Ceomprehensive PPlan.
12-7A-14: 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 Eenvironmental
Ceommission 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, streetscape improvements, stream tract/bank restoration,
loading/delivery, public art improvements, and similar improvements. The intent
of this Ssection is to only require mitigation for large scale
redevelopment/development projects which produce substantial off
site impacts
12-7B: COMMERCIAL CORE 1 (CCl) DISTRICT.•
12-7B-1: PURPOSE:
The Commercial Core 1 District is intended to provide sites and to maintain the
uni ue character o the Vail Vil e c r ' r
la omme ctal a ea with its mixture o lod es
q .f g f g
and commercial establishments in a predominantly pedestrian environment. The
Commercial Core 1 District is intended to ensure adequate light, air, open space,
and other amenities appropriate to the permitted types of buildings and uses. The
Zoning D'Is~riet regulations in accordance with the Yail Village Urban Design
Guide Plan and Design Considerations prescribe site development standards
that are intended to ensure the maintenance and preservation of the tightly
clustered arrangements of buildings fronting on pedestrianways and public
greenways, and to ensure continuation of the building scale and architectural
qualities that distinguish the Village.
12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
A. Definition: The "basement" or "garden level" shall be defined as that
jloor of a building that is entirely or substantially below grade.
• B. Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
1. Retail shops and establishments, including the following:
37
i
e
• Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores~~,
Florists.
Gift shopsste~es.
Health foad stores.
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Z. Personal services and repair shops, including the following:
Bs~r~s#ep*s-
• Beauty and barber shops.
Commercial ski storage..
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
3. Eating clnd drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of
products specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
4. Professional off
ces, business offaces and studios.
S. Banks and financial institutions.
6. Additional uses determined to be similar to permitted uses described in
Ssubsection Bl through BS of this Section, in accordance with the provisions of
Section 1 Z-3-4 of this Title so long as they do not encourage vehicular traffic.
7. Lodges.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
C. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Electronics sales and repair shops
Household appliance stores.
Liquor stores.
38
e
• Luggage stores.
Major arcades.
Meeting rooms.
Multiple
family dwellings~ke~rsireg.
Outdoor patios.
a:~ .~keps•:
Theaters.
12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR
STREET LEVEL:
A. Definition: The "first floor" or "street level" shall be def ned as that floor
of the building that is located at grade or street level.
B. Permitted Uses: The following uses shall be permitted on the first floor
or street level within a structure:
1. Retail stores and establishments, including the following.•
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstore: ~ ~ ~ eieg.
i • Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Statione stores.
r1'
Toy stores.
Travel and ticket agencies
Variety stores.
Yardage and dry goods stores.
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.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
39
e
• S~. Additional uses determined to be similar to permitted uses described in
Ssubsection Bl and B2 of this Section, in accordance with the provisions of
Section 12-3-4 of this Title so long as they do not encourage vehicular traffic.
C. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of Chapter 16 of this Title:
Banks and financial institutions.
Beauty and barber shops:
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Outdoor patios.
12-7B-4: PERMITTED AND CONDITIONAL USES• SECOND FLOOR:
A. Permitted Uses; Exception: The following uses shall be permitted on the
second floor above grade within a structure; provided, however, that a
conditional use permit will be required in accordance with Chapter 16 of this
Title for any use which eliminates any existing dwelling or accommodation unit
or any portion thereof
1. Multiple family residential dwelling.
2. Lodges.
3. Professional offices, business offices and studios.
• 4. Banks and financial institutions.
S. Personal services and repair shops, including the following:
$Errbes.
Beauty and barber shops.
Business and office services.
Tailors and dressmakers.
Travel and ticket agencies.
6. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstoresl~ x,~„~.~eres.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
• Photographic studios.
Sporting goods stores.
Toy stores.
ao
e
. Variety stores.
Yardage and dry goods stores.
7. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to
preparation of
products specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
8. Type IV employee housing units, as further regulated by Chapter l3 of this
~ Title.
B. Conditional Uses: The following uses shall be permitted on second
floors
above grade, subject to the issuance of a conditional use permit in accordance
with the provisions of Chapter 16 of this Title:
Dog kennel.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
~ •
12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A. Permitted Uses: The following uses shall be permitted on any floor
above the second floor above grade:
Lodges.
Multiple
family residential dwellings.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
B. Conditional Uses: The following uses shall be permitted on any floor
above the second floor above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of Chapter 16 of this Title. Any
permitted or conditional use which eliminates any existing dwelling or
accommodation unit, or any portion thereof, shall require a conditional use
permit. Such uses may include:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Electronics sales and repair shops.
• Florists.
Gift shops.
Hobby stores.
41
B
• • Jewelry stores.
Leather goods stores.
Liquor stores.
. Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting good stores.
Stationery stores.
Toy stores.
Variety stores.
Yardage and dry goods stores.
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.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Professional offices, business offices and studios.
4. Banks and financial institutions.
S. Personal services and repair shops, including the following.•
s ,ie~
• Beauty and barber shops.
Business and office services.
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
6. Theaters.
7. Additional uses determined to be similar to permitted uses described in
Subsections Bl through BS of this Section in accordance with the provisions of
Section 12-3-4 of this Title, so long as they do not encourage vehicular traffic.
8. Type Ill employee housing units (EHU) as provided in Cehapter 13 of this
Title.
12-7B-6: CONDITIONAL USES; GENERALLY.•
The following uses shall be permitted, subject to the issuance of a conditional use
permit in accordance with the provisions of Cehapter 16 of this Title:
Bed and breakfasts as further regulated by Section 12-14-18 of this Title.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
12-78-7.• EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Subject To Review: 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
42
B
• the modification of an existing outdoor dining deck shall be subject to review by
the Pplanning and Eenvironmental Ceommission (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
Aedministrator. Any application for condominiumized buildings shall be
authorized by the condominium association in conformity with all pertinent
requirements of the condominium association's declarations.
2. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or modification application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
filed in the Ddepartment of Ceommunity Ddevelopment. Certain submittal
requirements may be waived and/or modified by the Aadministrator 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 Yail Ceomprehensive Pplan. The
Asdministrator 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.
3. Application Date And Procedures: Complete applications for major exterior
alterations shall be submitted biannually on or before the fourth Monday of
February or the fourth Monday of September. Submittal requirements shall
include all information in Ssubsection A2 of this Ssection; provided, however,
that the architectural or massing model shall be submitted no later than three (3)
weeks prior to the first formal public hearing of the Pplanning and
• Eenvironmental Ceommission. No public hearings or work sessions shall be
scheduled regarding exterior alterations prior to the biannual submittal date
deadlines. At the next regularly scheduled Pplanning and Eenvironmental
Ceommission meeting following the submittal dates listed above, the
Asdministrator shall inform the Pplanning and Eenvironmental Ceommission of
adl exterior alteration submittals. The Aadministrator shall commence with the
review of exterior alterations following this initial Pplanning and
Eenvironmental Ceommission meeting.
b. Notwithstanding the foregoing, applications for the alteration of an existing
building which adds or removes any enclosed floor area of not more than one
hundred (100) square feet, applications to alter the exterior rooflines of an
existing building, applications for new outdoor dining decks and applications for
modifications to existing dining decks may be submitted on a designated
submittal date for any regularly scheduled Pplanning and Eenvironmental
Ceommission meeting. Said applications shall be termed a "minor exterior
alteration". The review procedures for a minor exterior alteration shall be as
outlined in this Section. All enclosed floor area for an expansion or deletion
pursuant to this Subsection A3b shall be physically and structurally part of an
existing or new building and shall not be a freestanding structure.
c. A single property owner may submit an exterior alteration proposal which
removes or encloses floor area of one hundred (100) square feet or less on a
designated submittal date and will be reviewed by the Pplanning and
Eenvironmental Ceommission at any of its regularly scheduled meetings.
4. Work Sessions.• If requested by either the applicant or the Aa~dministrator,
• submittals shall proceed to a work session with the Pplanning and
Eenvironmental Ceommission. The Aedministrator shall schedule the work
session at a regularly scheduled Pplanning and Eenvironmental Ceommission
43
. meeting and shall cause notice of the hearing to be sent to all adjacent property
owners in accordance with Subsection 12-3-6C of this Title. Following the
work session, and the submittal of any additional material that may be required,
the Asdministrator shall schedule a formal public hearing before the Pplanning
and Eenvironmental Ceommission in accordance with Subsection 12-3-tiC of
this Title.
S. Hearing: The public hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Section 12-3-6 of this Title. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
may be appealed to the Ttown Ceouncil in accordance with Section 12-3-3 of
this Title.
6. Compliance With Comprehensive Applicable Plans: It shall be the burden of
the applicant to prove by a preponderance of the evidence before the Pplanning
and Eenvironmental Ceommission that the proposed exterior alteration is in
compliance with the purposes of the CCI District as specified in Section 12-
7E-1 of this Article; that the proposal is consistent with applicable elements of
the Vail i~~+illage Master Pplan, the Town of Vail Sstreetscape Mrnaster
Pplan, and the Yail Coomprehensive Pplan; and that the proposal does not
otherwise negatively alter the character of the neighborhood. Further, that the
proposal substantially complies with the Yail i~~village Urban Ddesign Gguide
Pplan and the Vail V~+illage Design Ceonsiderations, to include, but not be
limited to, the following urban design considerations: pedestrianization,
• vehicular penetration, streetscape framework, street enclosure, street edge,
building height, views, service/delivery and sunshade analysis; and that the
proposal substantially complies with all other elements of the Yail
Coompeehensive Pplan.
8. Lapse Of Approval: Approval of a major or minor exterior alteration as
prescribed by this Cehapter shall lapse and become void two (2) years following
the date of approval of the major or minor exterior alteration by the Pplanning
and Eenvironmental Ceommission unless, prior to the expiration, a building
permit is issued and construction is commenced and diligently pursued to
completion.
9. Design Review Board Review.• Any modification or change to the exterior
facade of a building or to a site within the CCI District shall be reviewed by the
Design Review Bboard in accordance with Cehapter 11 of this Title.
B. Compliance Burden: It shall be the burden of the applicant to prove by a
preponderance of the evidence before the Design Review Board that the
proposed building modification is in compliance with the purposes of the CCl
District as specified in Section 12-7B-1 of this Aarticle; that the proposal
substantially complies with the Vail Village Design Ceonsiderations, and that
the proposal does not otherwise alter the character of the neighborhood.
12-7B-8: CONDITIONAL USES; FACTORSAPPLICABLE.•
In considering, in accordance with Cehapter 16 of this Title, an application for
a conditional use permit within Ceommercial Ceore 1 District, the following
development factors shall be applicable:
• A. Effects of vehicular traffic on Ceommercial Ceore 1 District.
B. Reduction of vehicular traf~
j`ic in Ceommercial Ceore 1 Ddistrict.
B
• F. Continuance of the various commercial, residential, and public uses in
Coommercial Ceore 1 Ddistrict so as to maintain the existing character of the
area.
G. Control quality of construction, architectural design, and landscape
design in Ceommercial Ceore 1 Ddistrict so as to maintain the existing character
of the area.
H. Effects of noise, odor, dust, smoke, and other factors on the environment
of Coommercial Ceore 1 District.
12-7B-9: ACCESSORY USES:
The following accessory uses shall be permitted in the CCl District:
12-7B-I1: SETBACKS:•
There shall be no required setbacks, except as may be established pursuant to the
Yail Village Design Gguide Plan and Design Ceonsiderations.
12-7B-12: HEIGHT.•
Height shall be as regulated in the Yail Village Urban Design Gguide Pplan
and Dbfesign Ceonsiderations.
12-7B-13: DENSITY CONTROL:
Unless otherwise provided in the Yail V~+illage Urban Design Gguide Plan,
not more than eighty (80) square feet of gross residential floor area (GRFA)
shall be permitted for each one hundred (100) square feet of buildable site area.
Total density shall not exceed twenty five (2S) dwelling units per acre of
• buildable site area. Each accommodation unit shall be counted as one-half (1/2)
of a dwelling unit for purposes of calculating allowable units per acre.
A dwelling unit in a multiple family building may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
12-78-14: RECONSTRUCTION OF EXISTING USES; GENERALLY.•
If any building or structure located within Commercial Core ea~rrne~ei~sl-eere 1
District on June 1, 1978, is subsequently destroyed by fire or other casualty to
the degree provided in Section 12-18-9 of this Title, that structure or building
may be reconstructed to the same or substantially the same size, dimensions, lot
coverage, and height in accordance with the procedures outlined in Section 12-
18-9 of this Title, so long as the appearance of the building or structure is the
same or substantially the same as existed prior to its destruction.
12-?B-1 S: SITE COVERAGE:
Site coverage shall not exceed eighty percent (80%) of the total site area, unless
otherwise specified in the Vail Village Urban Ddesign Gguide Pplan and
Design Ceonsiderations. In Commercial Core District 1
a~rst~iet, ground level patios and decks shall be included in site coverage
calculations.
12-7B-16: LANDSCAPING AND SITE DEVELOPMENT.•
No reduction in landscape area shall be permitted without sufficient cause shown
by the applicant or as specified in the Yail Y~village Design Ceonsiderations as
adopted in Ssection 12-7B-20 of this A~rtiele.
45
i
• 12-7B-17: PARKING AND LOADING:
O~`'street parking and loading shall be provided in accordance with Cehapter 10
of this title; provided, that no parking shall be provided on site. All parking
requirements shall be met in accordance with the provisions of Cehapter 10 of
this Ttitle. Loading requirements shall continue to be applicable to properties
within Commercial Core 1 District e~~~ereial--ear°~t; L;1ed;
provided that no loading areas shall be located in any required front setback
area.
12-7B-19: RECONSTRUCTION OF EXISTING USES,• COMPLL9NCE
REQUIRED:
Any building or structure located within Commercial Core .;3„~,,~~,~~„~.~ee~re 1
District atet may be reconstructed to the same or substantially the same
enclosed floor area in accordance with the procedures outlined in Section 12-
18-9 of this Title. The building, however, shall substantially comply with the
applicable provisions of the Vail Village Urban Ddesign Gguide Pplan and
D+design Ceonsiderations.
12-7B-20: VAIL VILLAGE URBANDESIGNGUIDEPLAN.•
A. Adoption: The Yail Village Uerrban Design Gguide Pplan and Ddesign
Ceonsiderations are adopted for the purposes of maintaining and preserving the
character and vitality of the Yail V~+illage (CCI) and to guide the future
alteration, change and improvement in the CCl District. Copies of the Vail
V~+illage Ddesign Gguide Pplan and Dalesign Ceonsiderations shall be on file in
the Ddepartment of Ceommunity Ddevelopment.
~ • B. Revisions: Revisions to the Vail V~+illage Urban Design Gguide Pplan
and Design Ceonsiderations shall be reviewed by the Pplanning and
Eenvironmental Ceommission with o,
fficial action to be taken by the Town
Ceouncil by resolution on a semiannual basis to ensure that the plan reflects the
purposes and intent for which it has been adopted. The review and action shall
take place within thirty (30) days following the public hearing on the
applications.
12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT.•
12-7C-1: PURPOSE:
The Commercial Core L ~ ~,~„~e,eare 2 District drs~riet is intended to provide
sites for a mixture of multiple dwellings, lodges and commercial establishments
in a clustered, unified development. Commercial Core _'.,,~eerie 2
District diet in accordance with the Yail V~+illage U~rrban Ddesign Gguide
Pplan and Ddesign Ceonsiderations, as adopted in Soection 12-7C-IS of this
Aarticle is intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of building and uses and to maintain the
desirable qualities of the zone district by establishing appropriate site
development standards.
12-7C-2.• REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN.•
A. Review Required: Prior to the establishment of any Commercial Core
£ ~„~„~~~e 2 District met or enlargement of any existing Commercial
• Core eamrr~er~eeie~eet~ 2 District ~ by change of zone district boundaries,
the Town Ceouncil shall by resolution adopt a general development plan for the
proposed zone district. The general development plan may be prepared by an
46
• applicant for the establishment of such zone district or may be prepared by the
Town. The development plan shall be submitted to the Pplanning and
Eenvironmental Ceommission for review, and the Pplanning and
Eenvironmental Ceommission shall submit its findings and recommendations on
the plan to the Ttown Ceouncil.
B. Development Plan Content: The Aadministrator shall establish the
submittal requirements for a development plan application. A complete list of the
submittal requirements shall be maintained by the Asdministrator and filed in
the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements
may be waived and/or modified by the Asdministrator 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 Yail Ceomprehensive Pplan. 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 ro osal.
P P
C. Plan Used As Guide: The development plan shall be used as a guide for the
subsequent development of sites and the design and location of buildings and
grounds within the zone district. All plans subsequently approved by the Da~esign
R,~eview Board in accordance with Cehapter 11 of this Title, shall substantially
conform to ~h the development plan adopted by the Town Ceouncil.
12-7C-3: PERMITTED AND CONDITIONAL USES:
• In the CC2 District ~ permitted and conditional uses for specific floors
shall be the same as those permitted in the Commercial Core 1
District ~ as prescribed by Sections 12-7B-2 through 12-7B-S of this
Cehapter. Retail stores and establishments shall not occupy more than eight
thousand (8,000) square feet offloor area.
12-7C-4: CONDITIONAL USES; GENERALLY.•
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
Ttitle:
Bed and breakfasts as further regulated by Section 12-14-18 of this Title.
Brew pubs.
Commercial storage.
Laudromats
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Television stations.
Theaters, meeting rooms and convention facilities.
12-7C-S: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: 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
a~
• the modification of an existing outdoor dining deck shall be subject to review by
the Pplanning and Eenvironmental Ceommission (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
Aadministrator. Any application for condominiumized buildings shall be
authorized by the condominium association in conformity with all pertinent
requirements of the condominium association's declarations.
2. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or mod cation application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
filed in the Department of Ceommunity Ddevelopment. Certain submittal
requirements may be waived and/or modified by the Aadministrator 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 Yail Ceomprehensive Pplan. The
Aadministrator 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.
3. Application Date And Procedures.• Complete applications for major exterior
alterations shall be submitted biannually on or before the fourth Monday of
February or the fourth Monday of September. Submittal requirements shall
include all information in Seubsection A2 of this Section; provided, however,
that the architectural or massing model shall be submitted no later than three (3)
weeks prior to the first formal public hearing of the Pplanning and
• Eenvironmental Ceommission. No public hearings or work sessions shall be
scheduled regarding exterior alterations prior to the biannual submittal date
deadlines. At the next regularly scheduled Pplanning and Eenvironmental
Ceommission meeting ,following the submittal dates listed above, the
Aadministrator shall inform the Pplanning and Eenvironmental Ceommission of
all exterior alteration submittals. The Aadministrator shall commence with the
review of exterior alterations following this initial Pplanning and
Eenvironmental Ceommission meeting.
c. A single property owner may submit an exterior alteration proposal which
removes or encloses jloor area of one hundred (100) square feet or less on a
designated submittal date and will be reviewed by the Pplanning and
Eenvironmental Ceommission at any of its regularly scheduled meetings.
4. Work Sessions: If requested by either the applicant or the Aadministrator, all
submittals shall proceed to a work session with the Pplanning and
Eenvironmental Ceommission. The Aadministrator shall schedule the work
session at a regularly scheduled Pplanning and Eenvironmental Ceommission
meeting and shall cause notice of the hearing to be sent to all adjacent property
owners in accordance with Subsection 12-3-6C of this Title. Following the
work session, and the submittal of any additional material that may be required,
the Aadministrator shall schedule a formal public hearing before the Pplanning
and Eenvironmental Ceommission in accordance with Subsection 12-3-6C of
this Title.
S. Hearing: The public hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Ssection 12-3-6 of this Title. The
• Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
48
e
. may be appealed to the Town Ceouncil in accordance with Seection 12-3-3 of
this Title.
6. Compliance With Applicable Comprehensive Plans: It shall be the burden of
the applicant to prove by a preponderance of the evidence before the Pplanning
and Eenvironmental Ceommission that the proposed exterior alteration is in
compliance with the purposes of the CC2 Iklistrict as specified in Ssection 12-
7C-i of this Aarticle, that the proposal is consistent with applicable elements of
the Yail V~+illage Urban Ddesign Gguide Pplan and the Yail Village Da~esign
Ceonsiderations, and that the proposal does not otherwise negatively alter the
character of the neighborhood; and that the proposal substantially complies with
all other applicable elements of the Yail Coomprehensive Pplan.
8. Lapse Of Approval: Approval of a major or minor exterior alteration as
prescribed by this Aarticle shall lapse and become void two (2) years following
the date of approval of the major or minor exterior alteration by the Pplanning
and Eenvironmental Ceommission unless, prior to the expiration, a building
permit is issued and construction is commenced and diligently pursued to
completion.
9. Design Review Board Review: Any modification or change to the exterior
facade of a building or to a site within the CC2 Ds~istrict shall be reviewed by the
Ddesign Review Bboard in accordance with Cehapter 11 of this title.
B. Compliance Burden: It shall be the burden of the applicant to prove by a
preponderance of the evidence before the Ddesign Review Bboard that the
proposed building modification is in compliance with the purposes of the CC2
Ddistrict as specified in Ssection 12-7C-1 of this Article; that the proposal
• substantially complies with the Yail V~+illage Ddesign Ceonsiderations or that the
proposal does not otherwise alter the character of the neighborhood.
12-7C-6.• ACCESSORY USES.•
The following accessory uses shall be permitted in the CC2 Ddistrict:
12-7C-8: SETBACKS:
In the CC2 district the minimum front setback shall be ten (1 D) feet the
minimum side setback shall be ten (10) feet and the minimum rear setback
shall be ten (10) feet unless otherwise specified in the Vail V~+illage Urban
Ddesign Gguide Pplan and Dblesign Ceonsiderations.
12-7C-9: HEIGHT.•
For a flat roof or mansard roo•
f, the height of buildings shall not exceed forty five
(45) feet For a sloping roof, the height of buildings shall not exceed forty
eight (48) feet {4S}. These restrictions pertain unless otherwise specified by the
Yail Village Urban Ddesign Gguide Pplan and Urban Dstesign
Ceonsiderations.
12-7C-10: DENSITY CONTROL:
Unless otherwise specified in the Vail V~+idlage Urban Design Gguide Pplan,
not more than eighty (80) square feet of gross residential floor area (GRFA)
shall be permitted for each one hundred (100) square feet of buildable site area.
Total density shall not exceed twenty five (25) dwelling units per acre of
buildable site area. Each accommodation unit shall be counted as one-half (1/2)
of a dwelling unit for purposes of calculating allowable units per acre. A
dwelling unit in a multiple family building may include one attached
49
• accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
12-7C-11: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Yail V~+illage Urban Ddesign Gguide Plan and
Da~esign Ceonsiderations.
12-7C-12: LANDSCAPING AND SITE DEVELOPMENT.'
At least twenty percent (20%) of the total site area shall be landscaped unless
otherwise specified in the Yail Y~illage U~trban Ds~esign Gguide Pplan and
Ddesign Ceonsiderations.
12-7C-15.' VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN
CONSIDERATIONS.•
A. Adoption: The Yail Village Urban Ddesign Gguide Pplan and Ddesign
Ceonsiderations are adopted for the purpose of maintaining and preserving the
character and vitality of Vail village (CC2) and to guide the future alterations,
change and improvement in the CC2 Ddistrict. Copies of the Vail Village
U~erban Ddesign Gguide Pplan and Ddesign Ceonsiderations shall be on file in
the Ddepartment of Ceommunity D~ievelopment.
B. Revisions: Revisions to the Yail Village U~erban Ddesign Gguide Plan
and Ddesign Ceonsiderations shall be reviewed by the Pplanning and
Eenvironmental Ceommission with official action to be taken by the Town
• Ceouncil by resolution on a semiannual basis to ensure that the plan reflects the
purposes and intent for which it has been adopted. The review and action shall
take place wathtn thirty (30) days following the public hearing on the
applications.
12-7D: COMMERCIAL CORE 3 (CC3} DISTRICT
12-?D-1: PERMITTED USES:
The following uses shall be permitted in the Commercial Core ti~~~ti~s~~.•~~i.'-ee~e
3 District ~s~rreE:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Cocktail lounged and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Health clubs.
Personal services and repair shops, including the following.•
ersheps-
~1~-
Beauty and barber shops.
Business and officer services.
Cleaning and laundry pick-up agencies without bulk cleaning or dyeing.
~6fi14-by ~~i s,~ a
Laudromats
• Shoe repair.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
50
6
• Travel and ticket agencies.
Professional offices, business offices and studios.
Retail stores and establishments without limit as to floor area including the
following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of
products for sate on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
DrugstorespTe.x, pies.
Etectronics sales and repair shops
Florists.
Food stores.
Furniture stores.
Giftshops~~,~, ~s.
Hardware stores.
Health food stores.
Hobby stores.
• Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Music and record stores.
Newsstands and tobacco stores.
Pho#ographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Type IV employee housing units, as further regulated by Chapter I3 of this
Title.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional o,Jfices, business, or services determined to be similar to permitted
uses in accordance with the provisions of this Section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the Commercial Core
L„a~+>~rreie~ee~e 3 District~sH~, subject to issuance of a conditional use
permit in accord with the provisions of Cehapter 16 of this T~itle.•
Any use permitted by Section 12-7D-1 of this A~rticte which is not conducted
• entirely within a building.
Bed and breakfasts as further regulated by Section 12-14-18 of this Title.
si
P
• Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennel.
Drive up facilities.
Major arcades.
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Type Ill employee housing units (EHU) as provided in Cehapter 13 of this Title.
12-7D-3: ACCESSORY USES.•
The following accessory uses shall be permitted in the Commercial Core
ee.~.,~?,;,~~„i,~,ee~ 3 District a~~.,"~.,~,;t:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 12-14-12 of this Ttitle.
Minor arcades.
• Swimming pools, tennis courts, patios, or other recreation facilities customarily
incidental to conditional residential.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-7D-S: SETBACKS:•
In the Commercial Core eernrn~ 3 District the setback shall be
twenty feet (20) on all exterior boundaries of the zone district.
12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT
12-7E-1: PURPOSE.•
The Commercial Service Center District is intended to provide sites for general
shopping and commercial facilities serving the Town, together with limited
multiple family dwelling and lodge uses as may be appropriate without
interfering with the basic commercial functions of the zone district The
Commercial Service Center District is intended to ensure adequate light, air,
open space, and other amenities appropriate to permitted types of buildings and
uses, and to maintain a convenient shopping center environment for permitted
commercial uses.
12-7E-2: REQUIREMENTSFOR ESTABLISHMENT; DEVELOPMENT PLAN.•
A. Review Required.' Prior to the establishment of any Commercial Service
Center ~ ~ Q~ter District ~ or enlargement of zone district
boundaries, the Town Ceouncil shall by resolution adopt a general development
• plan for the proposed zone district. The development plan may be prepared by an
applicant for the establishment of the zone district or may be prepared by the
T•Eown. The development plan shall be submitted to the Pplanning and
sz
ff
Eenvironmental Ceommission for review, and the Pplanning and
Eenvironmental Ceommission shall submit its findings and recommendations on
the plan to the Ttown Ceouncil.
B. Plan Content: The Aadministrator shall establish the submittal
requirements for a development plan application. A complete list of the submittal
requirements shalt be maintained by the Aadministrator and filed in the
Ddepartment of Ceommunity Ddevelopment. 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 Yail Ceomprehensive Pplan. The Aadministrator
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.
C. Plan To Be Guide: The development plan shall be used as a guide for the
subsequent development of sites and the design and location of buildings and
grounds within the zone district. All plans subsequently approved by the Ddesign
Review Board in accordance with Cehapter 11 of this Title shall substantially
conform to the development plan adopted by the Town Ceouncil.
12-7E-3: PERMITTED USES:
The following uses shall be permitted in the CSC District:
Banks and
financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
• Cocktail lounges t,s; and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Personal services and repair shops, including the following.•
~bersbelHS.
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
l', r. 511.
Laudromats
Small appliance repair shops, excluding
furniture repair.
Tailors and dressmakers.
Travet and ticket agencies.
Professional offices, business offices and studios.
Retail stores and establishments without limit as to floor area including the
fallowing:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of
products for sale
on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
• Candy stores.
Chinaware and glassware stores.
53
e
• Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores-s#s~seies.
Electronics sales and repair shops
Florists.
Food stores.
Furniture stores.
Gift shops,t~,-,;,.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
s,t~ . ~.~s,~r~repa~-gl~eps-
Sporting goods stores.
Stationery stores.
Supermarkets.
• Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional ofjfces, businesses, or services determined to be similar to permitted
uses in accordance with the provisions of Section 12-7E-2 of this Aarticle.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC Ddistrict, subject to
issuance of a conditional use permit in accordance with the provisions of
Cehapter 16 of this Title:
Any use permitted by Ssection 12-7E-3 of this Article, which is not conducted
entirely within a building.
Bed and breakfasts as further regulated by Section 12-14-18 of this Title.
Child daycare centers.
Dog kennels.
Major arcades.
Multiple family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in Section 12-7E-5_of this
Article.
Private parking structures.
Private unstructured parking.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Title.
• 12-7E-5: ACCESSORY USES:
The following accessory uses shall be permitted in the CSC Ddistrict:
sa
e
• Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofS~ection 12-14-12 of this Title.
Minor arcades.
Swimming pools, tennis courts, patios, or other recreation facilities customarily
incidental to conditional residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12-7E-7.• SETBACKS:•
' In the CSC Ddistrict, 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).
12-7F.• ARTERIAL BUSINESS (ABD) DISTRICT
12-7F-1: PURPOSE:
The Arterial Business District ~ is intended to provide
sites for offtce space, public utilities, service stations, limited light industry
having no adverse environmental impacts that provides significant on site tourist
amenities and limited shopping and commercial facilities serving the Town and
Upper Eagle Valley residents and guests. Multiple family dwellings for use as
employee housing will be appropriate under speck circumstances. The Arterial
Business a~n~es~ District ~ is intended to ensure adequate light,
air, open space, and other amenities appropriate to permitted and conditional
types of buildings and uses, and to maintain a convenient (limited) shopping,
• business, service, and residential environment.
12-7F-2: GENERAL CIRCULATIONAND ACCESS PLAN.•
A. Plan Required: Prior to any Design Review Bboard approval for a
building in the Arterial Business District or enlargement of an existing
Arterial Business District by change of zone district boundaries the
1°planning and Eenvironmental Ceommission shall adopt a general circulation
and access plan for the proposed zone district.
B. Plan Content: The Aa~dministrator shall establish the submittal
requirements for a general circulation and access plan application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
filed in the Department of Ceommunity Ddevelopment. 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 Yail Ceomprehensive Pplan. The
Aadministrator 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.
C. Plan Used As Guide: The general circulation and access plan shall be
used as a guide for the subsequent development of sites and the design and
location of buildings and grounds within the zone district. All plans subsequently
approved by the Dblesign Review Board in accordance with Cehapter 11 of
this Title shall substantially conform to the plan adopted by the Pplanning and
• Eenvironmental Ceommission.
55
e
• D. Amendments To Plan: The general circulation and access plan can be
amended by the Planning and Eenvironmental Ceommission at a public
hearing.
E. Prior Approval Required.• Before a building permit is issued on any
building, design guidelines for streets and parking lot lights, pavement treatment
and benches, must be submitted and approved by the Ddepartment of
Ceommunity Ddevelopment.
12-7F-3: PERMITTED USES:
The following uses shall be permitted in the Arterial Business
District a~riet:
Eating and drinking establishments, as follows, are permitted on the first (street)
level:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of o,
f,~ice uses and shall be permitted on the first
(street) level:
~~~lie>~e1.ys-
Beauty and barber s~'hops.
Shoe repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional off
ces, business off
ces and studio ,
• brtes~iec~s~es.
Radio and television broadcasting studios
Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of office uses and are therefore permitted so long as
they do not exceed eight thousand (8, 000) square feet in floor area for each such
business use and so long as they are located on the first (street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
1'1 '71 LAY-
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to permitted
uses in accordance with the provisions of
Ssection 12-7F-1 of this Article.
12-7F-4: CONDITIONAL USES:
A. Enumerated: The following conditional uses shall be permitted in the
Arterial Business Ddistrict, subject to the issuance of a conditional use permit
in accordance with the provisions of Cehapter 16 of this Ttitle:
Any use permitted by Section 12-7F-3 of this Article, which is not conducted
entirely within a building.
Bed and breakfasts as further provided by S~eetion 12-14-18 of this Ttitle.
Brew pubs.
Child daycare centers.
Microbrewergyies.
56
B
• Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
Type III employee housing units (EHU) as provided in Cehapter 13 of this Title.
B. Subject To Review: The following uses shall be permitted on the first
(street) level floor within a structure subject to the issuance of a conditional use
permit and are listed as such due to their potential individual and cumulative
impacts of generating traffic in the Arterial Bbusiness Ddistrict and will receive
review under the provisions of Cehapter 16 of this Title with specific emphasis
on the criteria of traffic generation:
Apparel stores.
Automotive service stations
Bakeries and confectioneries.
Banks and financial institutions.
Brew pubs.
Business and office services.
Camera stores and photographic studios.
Child daycare center.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
• Convenience food stores, restricted to a maximum of eight thousand (8, 000)
square feet and no more than thirty three percent (33%) of the gross building
area of the entire structure.
Furniture stores.
Hardware stores.
Health clubs
Health food stores.
Hobby stores.
Household appliance stores.
Liquor stores.
Music and record stores.
Nursery and garden supply.
Outside car wash.
Pet shops.
S
Small appliance repair shops, excluding
furniture repair.
Theater.
Yardage and dry good stores.
12-7F-S: ACCESSORY USES:
The following accessory uses shall be permitted in the Aa~rterial Bbusiness
Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions ofSsection 12-14-12 of this Title.
Minor arcades.
57
B
• 12-7F-7: SETBACKS•
In the Arterial Bbusiness l?district, setbacks shall be as follows:
12-7G: HEAVY SERVICE (HS) DISTRICT.•
12-7G-1: PURPOSE:
The Heavy Service District is intended to provide sites for automotive-oriented
uses and for commercial service uses which are not appropriate in other
commercial districts. Because of the nature of the uses permitted and their
operating characteristics, appearance and potential for generating automotive
~ and truck traffic, all uses in the Heavy Service District are subject to the
conditional use permit procedure. In granting a conditional use permit, the
Planning and Environmental Commission or the Town Council may prescribe
more restrictive development standards than the standards prescribed for the
.zone district ~ in order to protect adjoining uses from adverse influences.
12-7G-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Animal hospitals and dog kennels~~~;~~
Automotive service stations.
Building materials stores.
Business o,
f,
j4ces.
• Commercial laundry and cleaning services.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair garages.
Repair shops.
Seasonal plant product business.
Ski lifts and tows, and accessory dwelling units for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set '
out in this Section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses
set out in this Section in accordance with the provisions of Section 12-3-4 of this
Title.
12-7H.• LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT.•
12-7H-1: PURPOSE.•
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial
. establishments in a clustered, unified development. Lionshead Mixed Use 1
District, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
ss
6
• appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the zone district ~ by establishing appropriate site
development standards. This zone district £ ~ is meant to encourage and
provide incentives for redevelopment in accordance with the Lionshead
Redevelopment Master Plan.
12-7H-2: PERMITTED AND CONDITIONAL USES,• BASEMENT OR GARDEN
LEVEL:
A. Definition: The "basement" or "garden level "shall be defined as that
floor of a building that is entirely or substantially below grade.
B. Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
Banks and financial institutions.
Child daycare centers
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school; and skier services.-d~eawe-
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
• Title.
Additional uses determined to be similar to permitted uses described in this
Subsection, in accordance with the provisions of Section 12-3-4 of this Title.
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR
STREET LEVEL:
A. Definition: The "first, floor" or "street level "shall be defined as that
floor of the building that is located at grade or street level along a
pedestrianway.
B. Permitted Uses.• The following uses shall be permitted on the first floor
or street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school,- and skier service , .
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this
Ssubsection, in accordance with the provisions of
Ssection 12-3-4 of this Ttitle.
C. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional use
• permit in accordance with the provisions of Chhapter 16 of this Ttitle.•
Beauty and barber shops.
59
B
. Conference facilities and meeting rooms.
Electronics sales and repair shops
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
Multiple
family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and employee housing units (type III (EHU) as provided in
Cehapter 13 of this Title).
• , , ~'~.l
Additional uses determined to be similar to conditional uses described in this
Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Title.
12-7H-4: PERMITTED AND CONDITIONAL USES,• SECOND FLOOR AND
ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on
those floors above the first
floor within a structure:
Lodges and accommodation units.
Multiple family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and employee housing units (type III (EHU) as provided in
Cehapter 13 of this Title).
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this
Ssubsection, in accordance with the provisions ofSsection 12-3-4 of this Title.
• C. Conditional Uses: The following uses shall be permitted on second
floors
and higher above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of Cehapter 16 of this Title:
Banks and
financial institutions.
Child daycare centers.
Conference facilities and meeting rooms.
Eating and drinking establishments.
Electronics sales and repair shops
Liquor stores.
Personal services and repair shops.
Professional offices, business offices and studios.
~''op x'~1~-9~49j?)9"
Recreation facilities.
Retail establishments.
Skier ticketing, ski school; and skier servicer, E~,:c.~,d~}+es~re.
Theaters.
Timeshare units and
fractional fee clubs.
Additional uses determined to be similar to conditional uses described in this
Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title.
12-7H-S: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A
BUILDING OR OUTSIDE OFA BUILDING):
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
• Title:
Bed and breakfast as further regulated by Ssection 12-14-18 of this Title.
Brew pubs.
60
B
• ~ sy a i ~H4C~7°ie9-
Commercial storage.
Laudromats
Private outdoor recreation facilities, as a primary use.
Private parking structures
Private unstructured parking.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public parking structures.
Public unstructured parking.
Public utility and public service uses.
Single family residential dwellings.
Ski lifts and tows.
Television stations.
Two family residential dwellings.
Additional uses determined to be similar to conditional uses described in this
Section, in accordance with the provisions of
Section 12-3-4 of this Title.
12-7H-6: ACCESSORY USES.•
The following accessory uses shalt be permitted in the Lionshead Mmixed Use 1
Ddistrict:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of
Section 12-14-12 of this Title.
• Loading and delivery and parking facilities customarily incidental and accessory
to permitted and conditional uses.
Minor arcades.
Offices, lobbies, laundry, and otherfacilities customarily incidental and
accessory to hotels, lodges, and multiple
family uses.
Outdoor dining decks and patios sre:,~ i~: Q '
e~~~~~~a'i~b
12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.•
A. Review Required: The construction of a new building or the alteration of
an existing building that is not a major exterior alteration as described in
Subsection B of this Section shall be reviewed by the Ddesign Review Board
in accordance with Cehapter 11 of this Title.
1. Submittal Items Required: The submittal items required for a project that is
not a major exterior alteration shall be provided in accordance with Ssection 12-
11-4 of this Title.
B. Major Exterior Alteration: The construction of a new building or the
alteration of an existing building which adds additional dwelling units,
accommodation units, fractional fee club units, timeshare units, any project
which adds more than one thousand (1,000) square feet 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 Pplanning and
Eenvironmental Ceommission as a major exterior alteration in accordance with
this Cehapter and Section 12-3-6 of this Title. Any project which requires a
conditional use permit shall also obtain approval of the Pplanning and
. Eenvironmental Ceommission in accordance with Cehapter 16 of this Title.
Complete applications for major exterior alterations shall be submitted in
61
• accordance with administrative schedules developed by the Ddepartment of
Ceommuniry Ds~evelopment for Pplanning and Eenvironmental Ceommission
and Ddesign Review Board review.
1. Submittal Items Required, Major Exterior Alteration: The following submittal
items are required.'
a. 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
Aadministrator. Any application for condominiumized buildings shall be
authorized by the condominium association in conformity with all pertinent
requirements of the condominium association's declarations.
b. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or modification application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
fled in the Ddepartment of Ceommunity Ddevelopment. Certain submittal
requirements may be waived and/or modified by the Asdministrator 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 Yail Ceomprehensive Pplan. The
Administrator andlor the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if deemed
necessary to properly evaluate the proposal.
C. Work SessionslConeeptual Review: If requested by either the applicant
or the Aa~dministrator, submittals may proceed to a work session with the
Pplanning and Eenvironmental Ceommission, a conceptual review with the
• Ds~esign Review Bboard, or a work session with the Town Ceouneil.
D. Hearing: The public hearing before the Pplanning and Eenvironmental
Ceommission shall be held in accordance with Section 12-3-6 of this Title. The
Pplanning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Pplanning and Eenvironmental Ceommission
may be appealed to the Town Ceouncil in accordance with Section 12-3-3 of
this Title.
12-7FI-8: COMPLL4NCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Pplanning and Eenvironmental Ceommission and the
Ddesign Review Bboard that the proposed exterior alteration or new
development is in compliance with the purposes of the Lionshead Mixed Use
~r~:~#-ctse 1 District ie~, that the proposal is consistent with applicable
elements of the Lionshead Redevelopment Me~aster Pplan and that the proposal
does not otherwise have a significant negative e,
f,~ect on the character of the
neighborhood, and that the proposal substantially complies with other applicable
elements of the Vai! Ceomprehensive Pplan.
12-7H-10: SETBACKS:
The minimum building setbacks shall be ten feet (10) unless otherwise specified
in the Lionshead Rt~edevelopment M-r~easter Pplan as a build-to line.
12-7H-11: HEIGHTANDBULK.•
Buildings shall have a maximum average building height of seventy one feet (71)
• with a maximum height of 82.5 feet, as further defined by the Lionshead
Redevelopment Muster Pplan. All development shall comply with the design
62
• guidelines and standards found in the Lionshead Redevelopment Muster
Plan. Flexibility with the standard, as incorporated in the Lionshead
Redevelopment M~raster Plan, shall be a,
f)`orded to redevelopment projects
which meet the intent of design guidelines, as reviewed and approved by the
Ddesign Review Bboard.
12-7H-14: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Lionshead Redevelopment M~easter Plan.
12-7H-1 S: LANDSCAPING AND SITE DEVELOPMENT.•
At least twenty percent (20%) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead Redevelopment M~taster Plan.
12-7H-18: MITIGATIONOFDEVELOPMENTIMPACTS..•
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 Eenvironmental
Ceommission in review of development projects and conditional use permits.
Mitigation of impacts may include, but is not limited to, the following.• roadway
improvements, pedestrian walkway improvements, streetscape improvements,
• stream tract/bank improvements, public art improvements, and similar
improvements. The intent of this Section is to only require mitigation for large
scale redevelopment/development projects which produce substantial ofi" site
impacts.
12-7I.• LIONSHEAD MIXED USE 2 (LMU-2} DISTRICT
12-7I-1: PURPOSE:
The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of
multiple
family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, light industrial activities, and
commercial establishments in a clustered, unified development. Lionshead Mixed
Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the zone district D'~rtiet by establishing appropriate site
development standards. This zone district Di~trieE is meant to encourage and
provide incentives for redevelopment in accordance with the Lionshead
Redevelopment Master Plan.
12-7I-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
A. Definition: The "basement" or "garden level" shall be defined as that
floor of a building that is entirely or substantially below grade.
• B. Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
Banks and
financial institutions.
63
• Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices business ojflces and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school,- and skier services-~d~s3+e~e.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this
Subsection, in accordance with the provisions of Section 12-3-4 of this Title.
C. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Liquor stores.
Lodges and accommodation units.
Major arcades.
Multiple
family residential dwelling units, time-share units, fractional fee clubs,
lodge dwelling units, and employee housing units (Type III (EIIU) as provided in
• Chapter 13 of this Title).
Theaters.
Additional uses determined to be similar to conditional uses described in this
Subsection, in accordance with the provisions of Section 12-3-4 of this Title.
12-7I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Definition: The " rrst floor" or "street level "shall be defined as that
floor of the building that is located at grade or street level along a
pedestrianway.
B. Permitted Uses: The following uses shall be permitted on the first floor
or street level within a structure.•
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school; and skier services; ~and~iLz~ ~,~~re.
Travel and ticket agencies.
Type IYemployee housing units, as further regulated by Chapter 13 of this
Title.
Additional uses determined to be similar to permitted uses described in this
Subsection, in accordance with the provisions of
Ssection 12-3-4 of this Ttitle.
• C. Conditional Uses.• The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of Cehapter 16 of this Ttitle.
6a
0
ii
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
Multiple family residential dwelling units, time-share units, fractional fee clubs,
lodge dwelling units, and employee housing units (type III (EHU) as provided in
Cehapter 13 of this Ttitle).
~1~-
Additional uses determined to be similar to conditional uses described in this
Subsection, in accordance with the provisions of
S9ection 12-3-4 of this Title.
12-7I-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND
ABOT'E.•
A. Permitted Uses; Exception: The following uses shall be permitted on
those floors above the first floor within a structure:
Lodges and accommodation units.
Multiple family residential dwelling units, time-share units, fractional fee clubs,
lodge dwelling units, and employee housing units (type III (EHU) as provided in
Cehapter 13 of this Title).
Type IV employee housing units, as further regulated by Chapter 13 of this
Title.
Addi n
• h• Rl uses determined to ye simtlsr to permitted uscs descnied in this
Ssubsection, in accordance with the provisions of
Ssection 12-3-4 of this Title.
~ B. Conditional Uses: The following uses shall be permitted on second
floors
and higher above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of Cehapter 16 of this Title:
Banks and tnancial institutions.
.f
Child daycare centers.
Conference facilities and meeting rooms.
Eating and drinking establishments.
Electronics sales and repair shops.
Liquor stores.
Personal services and repair shops.
Professional offices, business offices and studios.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school- and skier services-a~r~r'e.
Theaters.
Time-share units and fractional fee clubs.
Additional uses determined to be similar to conditional uses described in this
Subsection, in accordance with the provisions of
Section 12-3-4 of this Title.
12-71-5: CONDITIONAL USES; GENERALLY (ONALL LEVELS OFA
BUILDING OR OUTSIDE OFA BUILDING):
• The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Cehapter 16 of this
Title:
65
i n
• Automotive service stations
Bed and breakfasts as further regulated by S9ection 12-14-18 of this Title.
Brew pubs.
Child daycare centers.
~.s~rk ap.;rudi~tan~x~:iu.il'Ie9-
Commercial storage.
•i:.e:g~.t'~~
Laudromats.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Television stations.
Vehicle maintenance, service, repair, storage, and
fueling.
Warehouses.
~ 12-71-6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead Mixed Use 2
District '
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of
Ssection 12-14-12 of this T~atle.
Loading and delivery and parkingfacilities customarily incidental and accessory
• to permitted and conditional uses.
Minor arcades.
Off ces, lobbies, laundry, and other
facilities customarily incidental and
accessory to hotels, lodges, and multiple
family uses.
Outdoor dining decks and patios. ~-G~~'s~ i~ ~
12-7I-7: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: The construction of a new building or the alteration of
an existing building shall be reviewed by the Ddesign Review Board in
accordance with Cehapter I1 of this Ttitle. However, any project which adds
additional dwelling units, accommodation units, fractional fee club units,
timeshare units, any project which adds more than one thousand (1,000) square
feet 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 Pplanning and Eenvironmental Ceommission as a major exterior
alteration in accordance with this Cehapter and Section 12-3-6 of this Ttitle.
Any project which requires a conditional use permit shall also obtain approval of
the Pplanning and Eenvironmental Ceommission in accordance with Cehapter
16 of this Ttitle. Complete applications for major exterior alterations shall be
submitted in accordance with administrative schedules developed by the
D~lepartment of Ceommunity Ddevelopment for Pplanning and Eenvironmental
Ceommission and DsTesign Review Board review.
• B. Submittal Items Required: 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 representative on a form provided by the
66
e
• Aadministrator. Any application for condominiumized buildings shall be
authorized by the condominium association in conformity with all pertinent
requirements of the condominium association's declarations.
2. Application; Contents: The Aadministrator shall establish the submittal
requirements for an exterior alteration or modification application. A complete
list of the submittal requirements shall be maintained by the Aadministrator and
filed in the Daiepartment of Ceommunity Ds~evelopment. Certain submittal
requirements may be waived and/or modified by the Asdministrator 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 Ceomprehensive 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.
C. Work Sessions/Conceptual Review: If requested by either the applicant
or the Aadministrator, submittals may proceed to a work session with the
Planning and Eenvironmental Ceommission, a conceptual review with the
Ddesign Review Bboard, or a work session with the T,town Ceouncil.
D. Hearing: The public hearing before the Planning and Eenvironmental
Ceommission shall be held in accordance with Section 12-3-6 of this Title. The
Planning and Eenvironmental Ceommission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the Planning and Eenvironmental Ceommission
may be appealed to the Ttown Ceouncil in accordance with Section 12-3-3 of
• this Title.
12-7I-8: COMPLIANCE BURDEN.•
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the PRlanning and Eenvironmental Ceommission and the
Ds~esign Review Bboard that the proposed exterior alteration or new
development is in compliance with the purposes of the Lionshead Mixed Use
e~ 2 District that the proposal is consistent with applicable
elements of the Lionshead Redevelopment M~wsaster Plan and that the proposal
does not otherwise have a significant negative e,
f,~ect on the character of the
neighborhood, and that the proposal substantially complies with other applicable
elements of the Yail Ceomprehensive Plan.
12-7I-10: SETBACKS:
The minimum building setbacks shall be ten (10) feet {IA} unless otherwise
specified in the Lionshead Redevelopment Me~aster Plan as a build to line.
12-7I-11: HEIGHT AND BULK.•
Buildings shall have a maximum average building height of seventy one (71) feet
with a maximum height of 82.5 feet, as further defined by the Lionshead
Redevelopment Muster Plan. All development shall comply with the design
guidelines and standards found in the Lionshead Redevelopment Muster
Plan. Flexibility with the standard, as incorporated in the Lionshead
Redevelopment Metaster Plan, shall be afforded to redevelopment projects
• which meet the intent of design guidelines, as reviewed and approved by the
Ddesign Review Bboard.
67
B
• 12-7I-14.• SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Lionshead Redevelopment Master Plan.
12-7I-1 S: LANDSCAPING AND SITE DEVELOPMENT.•
At least twenty percent (20%) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead Redevelopment Master Plan.
12-7I-18: 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 Pplanning and Eenvironmental
Ceommission in review of development projects and conditional use permits.
Mitigation of impacts may include, but is not limited to, the following: roadway
improvements, pedestrian walkway improvements, streetscape improvements,
stream tract/bank improvements, public art improvements, and similar
improvements. The intent of this Ssection is to only require mitigation for large
scale redevelopment/development projects which produce substantial off site
impacts.
• Section 25. Chapter 12-8 is hereby amended as follows:
12-8A-1: PURPOSE:
The Agricultural and Open Space District is intended to preserve agricultural,
undeveloped, or open space lands from intensive development while permitting
agricultural pursuits and low density residential use consistent with agricultural
and open space objectives. Parks, schools, and certain types of private
recreational facilities and institutions also are suitable uses in the Agricultural
and Open Space District, provided that the sites of these uses remain
predominantly open. Site development standards are intended to preclude
intensive urban development and to maintain the agricultural and open space
characteristics of the zone district Drs~iet.
12-8A-2: PERMITTED USES:
The following uses shall be permitted in the A District:
Plant and tree nurseries and raising offield, row and tree crops.
Public parks, passive and active recreation areas, and open spaces.
Single family residential dwellings.
12-8A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title.•
Any use within public parks, recreation areas, and open spaces which involves
• assembly of more than two hundred (200) persons together in one building or
group of buildings, or in one recreation area or otherpublic recreational facility.
Cemeteries.
68
b
~YCMTL7~3EJ~ :,VJd„ n~ .,..J 1,. s...l ns......s. •
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools. a~sd'-ee~lege~
Religious Institutions
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Type II employee housing units (EHU) as provided in Chapter 13 of this Title.
Well water treatment facility.
12-8B: OUTDOOR RECREATION (OR) DISTRICT
12-8B-1: PURPOSE:
The Outdoor Recreation e~ae~-~ee~'~~:a~~~~~. District ~iisa~r`~;t is intended to
preserve undeveloped or open space lands from intensive development while
permitting outdoor recreational activities that provide opportunities for active
and passive recreation areas, facilities and uses.
12-8B-2: PERMITTED USES:
The following uses shall be permitted in the OR district:
Bicycle and pedestrian path. 9;; r..l :
~
Interpretive nature walks.
Nature preserves.
Passive outdoor recreation areas and open spaces.
• 12-8B-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the rovisions o cha ter 16 o this
P .f P f
Title:
Accessory buildings (permanent and temporary) and uses customarily incidental
and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinkingfountains,
bleachers, concessions, storage buildings, and similar uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses, excluding
buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
12-SB-4: ACCESSORY USES.•
The following accessory uses shall be permitted in the OR Ddistrict:
Accessory uses in the OR Dslistrict are subject to conditional use permit review
in accordance with the provisions of Cehapter 16 of this Title.
12-SB-6: SETBACK.S.•
In the OR Da~istrict, the minimum setback shall be twenty feet (20) from all
• property lines, except as may be further restricted by the Pplanning and
Eenvironmental Ceommission in conjunction with the issuance of a conditional
use permit in accordance with the provisions of Cehapter 16 of this Title.
69
B
• 12-8B-10: LANDSCAPING AND SITE DEVELOPMENT.•
Landscape requirements shall be determined by the Ddesign Review Bboard in
accordance with Cehapter 11 of this Title.
12-8B-12: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the
development of land in the Oeutdoor Recreation Ddistrict are found in
Cehapter 14 of this Title.
12-8D: SKI BASE/RECREATION (SBR) DISTRICT
12-8D: SKI BASE/RECREATION 1 DISTRICT.•
12-8D-2: Permitted Uses:
E. Outside Of Lodge: The following uses shall be permitted outside the main base
lodge and children's ski school buildings as shown on the approved development
plan zoned Ski Base/Recreation lDistrict:
Bus and skier drop off.
Food and beverage service.
Indoor and outdoor ski storage.
Mountain storage buildings.
Private unstructured parking.
Public parks, tennis and volleyball courts, and playing fields, playgrounds.
Ski racing facilities.
Ski school activities.
Ski trails, slopes and lifts.
Snowmaking
facilities.
Special community events.
~~u~~
Water-treatment and storage facilities buildings.
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the Saki Bbase/Recreation
Dstistrict, subject to the issuance of a conditional use permit in accordance with
the provisions of Cehapter 16 of this Title:
12-8D-4: ACCESSORY USES:
The following accessory uses shall be permitted in Sski Bbase/Recreation
Ddistrict.•
12-8D-S: LOCATION OF BUSINESS ACTIVITY.•
All offices and retail sales conducted in the Sski Bbase/Recreation Ddistrict
shall be o erate
d and conducted entirel within a buildin
p y g except for approved
special events and food and beverage vending.
12-8D-6: DEVELOPMENTPLANREQUIRED:
A. Compatibility With Intent.• To ensure the unified development, the
protection of the natural environment, the compatibility with the surrounding
area and to assure that development in the Saki Bbase/Recreation Ddistrict will
• meet the intent of the zone district, a development plan shall be required.
B. Plan Process And Procedures: The proposed development plan shall be
in accordance with Section 12-8D-7 of this Article and shall be submitted by
~o
B
• the developer to the Asdministrator, who shall refer it to the Pplanning and
Eenvironmental Ceommission, which shall consider the plan at a regularly
scheduled meeting. A report of the PPlanning and Eenvironmental Ceommission
stating its findings and recommendations shall be transmitted to the Town
Ceouncil for approval in accordance with the applicable provisions of Ssection
12-16-6 of this Title.
C. Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the Saki Bbase/Recreation Ddistrict .
E. DRB Approval Required: The development plan and any subsequent
amendments thereto shall require the approval of the Dstesign Review Bboard
in accordance with the applicable provisions of Cehapter I1 of this Ttitle prior
to the commencement of site preparation.
12-SD-7: DEVELOPMENT PLAN CONTENTS.'
The Aadministrator 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 Ddepartment of Ceommunity
D~fevelopment. 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 reguired are not relevant to the
proposed development or applicable to the planning documents that comprise the
Vail Ceomprehensive Pplan. The Aadministrator 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.
• 12-8D-8: DEVELOPMENT STANDARDS/CRITERIA FOR EVAL UATION.•
The following criteria shall be used as the principal means for evaluating a
proposed development plan. It shall be the burden of the applicant to
demonstrate that the proposed development plan complies with all applicable
design criteria.
E. Environmental impacts resulting from the proposal have been identified
in the project's Eenvironmental I~tmpact Report, if not waived, and all necessary
mitigating measures are implemented as a part of the proposed development
plan.
F. Compliance with the Vail Ceomprehensive Pplan and other applicable
plans.
12-8D-10: SETBACKS.•
In the Sski B,base/Recreation Ddistrict, front, side, rear and stream setbacks
shall be as indicated on the approved development plan.
12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT.•
12-8E-1: PURPOSE:
The Ski Base/Recreation 2 District ~ is intended to
provide sates 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 semipublic uses and special
community events typically associated with a vibrant resort community are also
• permitted within the zone district. The Ski Base/Recreation s~l~i-liCts~/i 2
District d;~t;-ice is intended to ensure adequate light, air, open space and other
amenities appropriate to permitted and conditional uses throughout the zone
n
B
• district. In order to achieve this objective and to ensure compatibility with
adjacent land uses, all permitted uses, development and activity within the zone
district shall be subject to approval of a comprehensive development plan in
accordance with the provisions of this Aarticle. 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:
A. The following uses shall be permitted within the Ski Base/Recreation
~s9e,~i^eE,, . ~ S~,E,`9r4 2 Ds~istrict:
12-8E-3: CONDITIONAL USES.•
The following conditional uses shall be permitted in the Ski Base/Recreation s,~t
h~~~~~,~.~.~~~ 2 Ddistrict, subject to the issuance of a conditional use permit in
accordance with the provisions of Cehapter 16 of this T~itle.•
12-8E-4.• ACCESSORY USES:
The following accessory uses shall be permitted in the Ski Base/Recreation
2 District:
• 12-8E-5: LOCATION OF BUSINESS ACTIVITY.•
A. Limitations; Exception: All ofi`ices, 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.
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
li~~e~ier4 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 zone
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 Eenvironmental Ceommission 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 Aarticle.
B. Application: An application for approval of a development plan may be
filed by any owner of property within the Ski Base/Recreation
bs°n 2 District or his (her) agent or authorized representative. The
application shall be made on a form provided by the Department of
• Ceommunity 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
72
a
• plan, or their agents or authorized representatives. The application shall be
accompanied by submittal requirements outlined in Subsection 12-8E-8A of this
Article and a development plan as outlined in Subsection C of this Section.
12-8E-7.• DEVELOPMENT REVIEW PROCEDURES.•
A. Pre-application Pr-.:~pp~ Conference: Prior to submittal of a formal
application for a development plan, the applicant shall hold apre-application
~?reiea~Eien conference with the Ddepartment of Ceommunity Ds~evelopment.
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 Ceomprehensive Pplan, 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 Pplanning and Eenvironmental Ceommission at
either a regularly scheduled meeting or a special meeting. Prior to this meeting,
and at the discretion of the Aedministrator, awork session may be held with the
applicant, staff and the Pplanning and Eenvironmental Ceommission to discuss
the development plan. A report of the Ddepartment of Ceommunity
Development staf~''s findings and recommendations shall be presented at a
public hearing before the Pplanning and Eenvironmental Ceommission. The
Pplanning and Eenvironmental Ceommission shall review the development plan
in accordance with the provisions of Ssection 12-5E-9 of this Article..
12-8E-8: SUBMITTAL REQUIREMENTS:
• A. Information And Materials Required.• The Aedministrator shall establish
the submittal requirements for an approved development plan application.
Certain submittal requirements may be waived or modified by the Aedministrator
or the Pplanning and Eenvironmental Ceommission if it is demonstrated by the
applicant that the information and materials required are not relevant to the
proposed development or applicable to the Vail Ceomprehensive Pplan. A
complete list of the submittal requirements shall be maintained by the
Aedministrator and
filed in the Department of Ceommunity 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:
D. Comprehensive Plan: Conformity with the Vail Ceomprehensive Pplan,
Town policies and Urban Design Pplans.
12-8E-11: SETBACKS:
In the Ski Base/Recreation °'T 2 District, front, side and rear
setbacks shall be as indicated on the approved development plan.
12-8E-12.• HEIGHT.•
• In the Ski BaselRecreation sl~i-~` s;'~re~w°~~~~;`~.~ 2 Ddistrict buildings shall range
in height from zero feet (0) to forty three feet (43) and be indicated on the
approved development plan. All development shall comply with the building
73
P
• height guidelines found in the Vail Village Mmaster Pplan Ceonceptual
Building Height Pplan. In no instance, however, shall the maximum building
height exceed forty three (43) feet {43~.
12-8E-14: SITE COVERAGE:
In the Ski Base/Recreation ~1~;.., ~~~~tsn 2 Ddistrict, site coverage shall be
as indicated on the approved development plan.
12-8E-1 S: LANDSCAPING AND SITE DEVELOPMENT.•
In the Ski Base/Recreation 2 Ddistrict, landscaping
requirements shall be as indicated on the approved development plan.
12-8E-16: PARKING/LOADING PLANAND PROGRAM:
Off street parking and loading shall be provided in accordance with Cehapter 10
of this Title. At least ninety five percent (95%) of the required parking shall be
located within the main building or buildings, and as approved by the PPlanning
and Eenvironmental Ceommission in review of the development plan. The off
street parking and loading plan shall 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 PPlanning and Eenvironmental
Ceommission in review of development projects and conditional use permits.
Substantial ofj`'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 tractlbank
• improvements, public art improvements, parking, and similar improvements. The
intent of this Ssection is to only require mitigation for large scale
redevelopment/development projects which produce substantial off site impacts.
12-8E-18: AMENDMENT PROCEDURES:
I~ A. Minor Amendments:
2. Minor amendments consistent with the design criteria outlined in Section 12-
SE-9 of this A~trticle may be approved by the .Ddepartment of Ceommunity
Dsievelopment. All minor amendments shall be indicated on a completely revised
sled b
development plan. Approved changes shall be noted, signed, dated and f y
~ the Ddepartment of Ceommunity D6levelopment.
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
zone district that may be affected by the amendment. Affected properties shall be
as determined by the Ddepartment of Ceommunity Ddevelopment. Notifications
shall be postmarked no later than five (S) 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 Pplanning and Eenvironmental Ceommission
will be informed of the administrative action ~ta~~ee~ien. In all cases the
report to the Planning and Eenvironmental Ceommission shall be made within
~a
B
• twenty (20) days from the date of the staffs decision on the requested
amendment.
4. Appeals of sta,
fj`'decisions may be filed by adjacent property owners, owners of
property within the zone district, the applicant, PPlanning and Eenvironmental
Ceommission members or members of the Town Ceouncil . as outlined in
S~+ection 12-3-3 of this Title.
B. Major Amendments:
1. Major amendments are any proposal to change uses; increases to residential
floor area greater than five percent (S%) of the approved square footage;
increases to retail, office, or common floor area greater than five percent (S%) 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 not a minor amendment as determined by
the Asdministrator 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 Soection 12-8E-7 of this Aarticle.
All major amendments shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and filed by the
Dblepartment of Ceommunity Ddevelopment.
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 zone district, and owners of all property within the zone district that may be
affected by the proposed amendment (as determined by the Ddepartment of
Ceommunity Ddevelopment). Notiftcation 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 begin
construction of subsequent phases within one (1) year of the completion of the
previous phase.
B. Approval Voided.• If the developer amt 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
Ssubsection, the approval of said development plan shall be void. The PPlanning
and Eenvironmental Ceommission shall review the development plan upon
submittal of an application to reestablish the development plan following the
procedures outlined in Seection 12-8E-7 of this Article.
Section 26. Article 12-9A is hereby amended as follows:
12-9A-1: PURPOSE AND APPLICABILITY.•
75
e
• A. PURPOSE: The purpose of the Sppecial Ddevelopment Deiistrict is to
encourage flexibility and creativity in the development of land in order to
promote its most appropriate use; to improve the design character and quality of
the new development with the Town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in
the Vail Ceomprehensive Pplan. An approved development plan for a Special
Ddevelopment Ddistrict, in conjunction with the property's underlying zone
district, shall establish the requirements for guiding development and uses of
property included in the Sppecial Ddevelopment Ddistrict. ~7~~ ,~ec~
t5ir is ne8 ~.'~k=.~ ~s~ing-carte
~t9t'i°i~'EtS: ~ ~ ~ f».iii j, a#~tiex, pr-errr;'555.:;'H~1j-.
s"f tli!E~S 5; l,it ~5 ~~~~at..» s.., _ i ~ n ~ ~ 3f t.~4i3
B. APPLICABILITY.• Special Development Districts do not apply to and are
not available in the following zone districts: Hillside Residential, Single-Family
Residential, Two-Family Residential and Two-Family Primary/Secondary
Residential
12-9A-2: DEFINITIONS:
AFFECTED PROPERTY.• Property within a Special Ddevelopment Ddistrict
that, by virtue of its proximity or relationship to a proposed amendment request
to an approved development plan, may be affected by redesign, density increase,
change in uses, or other modifications changing the impacts, or character of the
• approved Special Daievelopment Ddistrict.
AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association
authorized or empowered in writing by the property owner to act on his (her)
stead. If any of the property to be included in the Special Ddevelopment
Ddistrict is a condominiumized development, the pertinent condominium
association may be considered the agent or authorized representative for the
individual unit owners if authorized in conformity with adl pertinent requirements
of the condominium association's declarations and all other re uirements o the
9 .f
condominium declarations are met.
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEN~: Any proposal to
change uses; increase gross residential floor area; change the number of
dwelling or accommodation units; modify, enlarge or expand any approved
Sppecial Ddevelopment Ddistrict (other than "minor amendments" as defined in
this Section), except as provided under Section 12-1 S-4, "Interior
Conversions'; or 12-IS-S, "Additional Gross Residential Floor Area (2S0
Ordinance)'; of this Title.
MINOR AMENDMENT (STAFF REVIEW: Modifications to building plans, site
or landscape plans that do not alter the basic intent and character of the
approved Special Ddevelopment Ddistrict, 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 (S) feet (S) to approved setbacks
• and/or building footprints; changes to landscape or site plans that do not
adversely impact pedestrian or vehicular circulation throughout the Special
Ddevelopment Ddistriet; or changes to gross floor area (excluding residential
76
e
• uses) of not more than five percent (S%) of the approved square footage of retail,
office, common areas and other nonresidential floor area, except as provided
under Ssection 12-IS-4, "Interior Conversions'; or 12-15-5, "Additional Gross
Residential Floor Area (2S0 Ordinance)'; of this Title.
UNDERLYING ZONE DISTRICT.• The zone district existing on the property, or
imposed on the property at the time the Special Development District is
approved. The following zone districts are prohibited from Special Development
Districts being used: Hillside Rresidential, S~ingle-
Ffamily Residential, Two-Family Residential Two-Family
Pprimary/Secondary Residential.
12-9A-3: APPLICATION.•
An application for approval of a Special Development District may be filed
by any owner of
property to be included in the Special Development District
or his (her) agent or authorized representative. The application shall be made on
a form provided by the Department of Ceommunity 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 Special Development District, or their agents
or authorized representatives. The application shall be accompanied by submittal
requirements in Ssection 12-9A-S of this Aarticle and a development plan as in
Ssection 12-9A-6 of this Aarticle.
12-9A-4: DEVELOPMENT REVIEW PROCED URES.•
• A. Approval Of Plan Required.• Prior to site preparation, building
construction, or other improvements to land within a Sppecial Development
District, there shall be an approved development plan for said district. The
approved development plan shall establish requirements regulating development,
uses and activity within a Special Development District.
B. Pre-application ~'~~-~xypltea~ie~ Conference: Prior to submittal of a
formal application for a Special Development District, the applicant shall
hold apre-application p~plfiea conference with the Ddepartment of
Ceommunity Development. The purpose of this meeting shall be to discuss the
goals of the proposed Special Development District, the relationship of the
proposal to applicable elements of the Town's Comprehensive ~-Pplan,
and the review procedure that will be followed
for the application.
C. PEC Conducts Initial Review: The initial review of a proposed Special
Development District shall be held by the Pplanning and Eenvironmental
Ceommission at a regularly scheduled meeting. Prior to this meeting, and at the
discretion of the Aadministrator, awork session may be held with the applicant,
staff and the Pplanning and Eenvironmental Ceommission to discuss Special
Development District. A report of the Department of Ceommunity
Development staf,~'s findings and recommendations shall be made at the initial
formal hearing before the Pplanning and Eenvironmental Ceommission. Within
twenty (20) days of the closing of a public hearing on a proposed amendment,
the Planning and Environmental Commission shall act on the petition or
proposal The Commission may recommend approval of the petition or
proposal as initiated, may recommend approval with such modifications as it
• deems necessary to accomplish the purposes of this Title, or may recommend
denial of the petition or rejection of the proposal The Commission shall
e
• transmit its recommendation, together with a report on the public hearing and
its deliberations and findings, to the Town Council
D. Town Council Review: A report of the PPlanning and Eenvironmental
Commmission stating its findings and recommendations, and the staff report shall
then be transmitted to the Town Ceouncil. hq-aE ~ ~ 3 ••~s~..:e i
'pie t:tti~e- eke--tei~~i .;s, :r ..z,.» :a,. .i.,,
. Upon receipt of the report and recommendation of
the Planning and Environmental Commission, the Town Council shall set a
date for hearing within the following thirty (30) days Within twenty (20) days
of the closing of a public hearing on a proposed SDD, the Town Council shall
~ act on the petition or proposal. The Town Council shall consider but shall not
be bound by the recommendation of the Planning and Environmental
Commission. The Town Council may cause an ordinance to be introduced to
create or amend a Special Development District, either in accordance with the
recommendation of the Planning and Environmental Commission or in
modified form, or the Council may deny the petition. If the Council elects to
proceed with an ordinance adopting an SDD, the ordinance shall be considered
as prescribed by the Vail Town Charter.
12-9A-S: SUBMITTAL REQUIREMENTS:
The administrator shall establish the submittal requirements for a Special
Ds~evelopment Ddistrict application. A complete list of the submittal
requirements shall be maintained by the Aa~dministrator and filed in the
Ddepartment of Ceommunity Ddevelopment. 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 Ceomprehensive Pplan. The Asdministrator
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.
12-9A-6: DEVELOPMENT PLAN.•
An approved development plan is the principal document in guiding the
development, uses and activities of Special Ddevelopment Ddistricts. A
development plan shall be approved by ordinance by the Town Council in
conjunction with the review and approval of any Special Datevelopment
Ddistrict. The development plan shall be comprised of materials submitted in
accordance with Section 12-9A-S of this Article. The development plan shall
contain all relevant material and information necessary to establish the
parameters with which the Special Ddevelopment Ds~istrict shall develop. The
development plan may consist of, but not be limited to, the approved site plan,
floor plans, building sections and elevations, vicinity plan, parking plan,.
preliminary open space/landscape plan, densities and permitted, conditional and
accessory uses.
12-9A-7: USES.•
• Determination of
permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as a part of the
formal review of the proposed development plan. Unless further restricted
~s
• through the review of the proposed Sspecial Development Ddistrict, permitted,
conditional and accessory uses shall be limited to those permitted, conditional
and accessory uses in a property's underlying zone district. Under certain
conditions, commercial uses may be permitted in residential Sspecial
Ddevelopment District if, in the opinion of the Town Council, such uses are
primarily for the service and convenience of the residents of the development and
the immediate neighborhood. Such uses, if any, shall not change or destroy the
predominantly residential character of the Sspecial Development Ds~istrict. The
amount of area and type of such uses, if any, to be allowed in a residential
Sspecial Ddevelopment District shall be established by the Town Council as a
part of the approved development plan.
12-9A-8.' DESIGN CRITERIA AND NECESSARY FINDINGS.•
A. CRITERIA: The following design criteria shall be used as the principal
criteria in evaluating the merits of the proposed Sspecial Dblevelopment
District. It shall be the burden of the applicant to demonstrate that 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.•
(1)~4 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.
(2)B- Relationship: Uses, activity and density which provide a compatible,
• efficient and workable relationship with surrounding uses and activity.
(3)~ Parking And Loading: Compliance with parking and loading
requirements as outlined in Chapter 10 of this Title.
(4)~ Comprehensive Plan: Conformity with applicable elements of the Yail
Comprehensive Plan, Town policies and urban design plans.
(S)am Natural And/Or Geologic Hazard.• Identification and mitigation of
natural and/or geologic hazards that affect the property on which the
Sspecial Dafevelopment District is proposed.
(6)~ 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.
(7)Er. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and of,Jrsite traffic circulation.
(8)# Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
(9)I: Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the
development of the Sspecial Ddevelopment District.
B. Necessary Findings: Before recommending and/or granting an approval of an
application fora Special Development District, the Planning and
Environmental Commission and the Town Council shall make the
• following
findings with respect to the proposed SDD:
(1) That the SDD complies with the standards listed in Subsection 12-9A-8A of
this Title, unless the applicant can demonstrate that one or more of the
79
. standards is not applicable, or that a practical solution consistent with
the public interest has been achieved
(2)That the SDD is consistent with the adopted goals, objectives and policies
outlined in the Yail Comprehensive Plan and compatible with the
development objectives of the Town; and
(3) That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
(4) That the SDD promotes the health, safety, morals, and general welfare of
the Town and promotes the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height,
density control, site coverage ee~+erages, landscaping and parking shall be
determined by the Town Council as part of the approved development plan with
consideration of the recommendations of the Planning and Environmental
Commission. Before the Town Council approves development standards that
deviate from the underlying zone district, it should be determined that such
' deviation provides benefits to the Town that outweigh the adverse effects of such
deviation. This determination is to be made based on evaluation of the proposed
Special Ddevedopment Datistrict 's compliance with the design criteria outlined
in Section 12-9A-8 of this Article.
• I2-9A-10: AMENDMENT PROCEDURES:
A. Minor Amendments:
1. Minor modifications consistent with the definition of "minor amendment"
de~t~~r-er-it~:•i.~ .:aalirred-in Subsection 12-9A-2--(~let~: f "~zer°
amertdn~e~}of this Article, may be approved by the Department of Community
Development. All minor modifications shall be indicated on a completely revised
development plan. Approved changes shall be noted, signed, dated and filed by
the Department of Community Development.
2. Notification of a proposed minor amendment, and a report of staff action of
said request, shall be provided to all property owners within and er adjacent to
the Sspecial Ddevelopment Ds~istrict 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 (S) 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 administrative action
~af,~'-deei~iart. 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.
3. Appeals of staff decisions may be filed by adjacent property owners, owners of
property within the Sspecial Ddevelopment Datistrict, the applicant, Planning
and Environmental Commission members or members of the Town Council as
• outlined in Section 12-3-3 of this Title.
B. MajorAmendments:
so
• 1. Requests for major amendments to an approved Special Ddevelopment
Ddistrict shall be reviewed in accordance with the procedures described in
Section 12-9A-4 of this Article.
2. 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 Sspecial Ds~evelopment Ds~istrict, and owners of all property within the
Special Dc~evelopment Dblistrict 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.
12-9A-11: RECREATIONAMENITIES TAX.•
A recreation amenities tax shall be assessed on all Sspecial Ddevelopment
Ddistricts in accordance with Title 2, Chapter S of this Code at a rate to be
determined by the Town Council .This
rate shall be based on the rate of the ~~eei~-c~e~.~y„~ underlying zone
district or the rate which most closely resembles the density plan for the zone
district, whichever is greater.
12-9A-12: TIME REQUIREMENTS:
A. Start Of Construction; Completion: The developer must begin initial
construction of the Sspecial Ddevelopment Da~istrict within three (3) years from
the time of its final approval, and continue diligently toward the completion of
the project. If the Special Ddevelopment Ddistrict is to be developed in phases,
• the developer must begin construction of subsequent phases within one (1) 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 Sspecial Ds~evelopment Ddistrict or any stage of the
Special Ds~evelopment Ddistrict within the time limits imposed by the preceding
Subsection, the approval of said Special Ddevelopment Ddistrict shall be void.
The Planning and Environmental Commission and Town Council shall review
the Sopecial Ddevelopment Ddistrict upon submittal of an application to
reestablish the S~peciad Ddevelopment District following the procedures
outlined in Section 1 Z-9A-4 of this Article.
12-9A-13: FEES.•
The filing fee for Special Development District applications and for major
and minor amendments to Special Development District shall be set by the
Town Council by resolution. Applications deemed by the Department of
Community Development to have significant design, land use, or other issues
which may have a significant impact on the community may require review by
consultants other than Town staff.' Should a determination be made by the Town
staff that an outside consultant is needed to review any Special Development
District application, said outside consultant shall be commissioned by the
Department of Community Developmen>: s;~r~t3+
.,r r
~<ti°91499i}~xl~pr~ov'R~"9-iT3'::~ti ~~-Irrr~c art o ,
The Department of Community Development shall estimate the amount of money
• necessary to pay the outside consultant, and this amount shall be forwarded to
the Town by the applicant at the time the Special Development District
application is submitted to the Department of Community Development. Upon
si
U
. completion of the review of the application by the consultant, any of the funds
forwarded by the applicant for payment of the consultant which have not been
paid to the consultant, shall be returned to the applicant. Expenses incurred by
the Town in excess of the amount forwarded by the applicant shall be paid to the
Town by the applicant within thirty (30) days of notification by the Town.
12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS.•
Nothing in this Article shall be construed to limit, replace or diminish the
requirements, responsibilities, and specifications of Special Development
Districts 2 through 21. 7'he Town Council specifically finds that said Special
Development Districts 2 through 21 shall remain in full force and effect, and the
terms, conditions, and agreements contained therein shall continue to be binding
upon the applicants thereof and the Town. These SDDsdist~iets, if not
commenced at the present time, shall comply with Section 12-9A-12 of this
Article.
l7 nA 1C. DL`71 AaTT DDL'AYL'AC'~T ~l1717T17TT/1J~TAT TTC~L' DL'D l./TT
- .~.~.r La.u~uu z:ua,-c-i
~ Y ~ ~ . r 1. ~ JEEi~-Cft~l~49~v ~ i ~ i~i6~4E~
#3'E' ~2'Jglli;` ~'ti °91°f~~id ~3 s'~i Y~~.T°
e~ aN~'t.'.:..
Section 27. Section 12-9B-3 is hereby amended as follows:
• 12-9B-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Major arcades. -
Private or public ofd=street vehicle parking structures.
s~rie Pparks and recreational facilities.
Public uses, private office and commercial uses that are transportation, tourist
or Town related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this Section, a
temporary construction staging site shall mean a site on which, for a temporary
period of time, construction materials, heavy construction equipment, vehicles
and construction trailers may be stored.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 28. Article 12-9C is hereby amended as follows:
12-9C-1: PURPOSE:
The Ggeneral U~ese Ddistrict is intended to provide sites for public and quasi-
public uses which, because of their special characteristics, cannot be
appropriately regulated by the development standards prescribed for other
zoning districts, and for which development standards especially prescribed for
• each particular development proposal or project are necessary to achieve the
purposes prescribed in Ssection 12-1-2 of this Title and to provide for the public
welfare. The Ggeneral Use Ddistrict is intended to ensure that public buildings
s2
• and grounds and certain types of quasi
public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to
Yail, to harmonize with surrounding uses, and, in the case of buildings and other
structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
12-9C-2: PERMITTED USES.•
The following uses shall be permitted in the GUDdistrict:
Passive outdoor recreation areas, and open space.
~~~>Q ~'-#ke Bicycle and pedestrian paths.
12-9C-3: CONDITIONAL USES:
A. Generally: The following conditional uses shall be permitted in the GU
Ddistrict, subject to issuance of a conditional use ermit in accordance with the
P
provisions of Cehapter 16 of this Title:
Child daycare centers.
~rr~e1~-
Equestrian trails.
Golf courses.
Health care facilities.
Helipad for emergency and/or community use.
~B~tals-•r~edies,' sr~ ~;;ta!' '
>
Major arcades.
• Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools ~ ~,~~'e; ~,5~'i~~~tfitr's.
Public and quasi
public indoor community facilities3+.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related
facilities.
Public transportation terminals.
Public unstructured parking.
Public utilities installations including transmission lines and appurtenant
equipment.
Religious institutions
Seasonal structures or uses to accommodate educational, recreational or
cultural activities.
Ski lifts, tows and runs.
Type Ill employee housing units (EHU) as provided in Cehapter 13 of this Title.
Water and sewage treatment plants.
12-9C-4: ACCESSORY USES:
The following accessory uses shall be permitted in the GUDdistrict:
Minor arcades.
• Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof, with the exception of buildings.
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12-9C-S: DEVELOPMENT STANDARDS.•
A. Prescribed By Planning And Environmental Commission: In the
Ggeneral Use Ddistrict, development standards in each of the following
categories shall be as prescribed by the P~tanning and Eenvironmental
Coommsssion:
B. Reviewed By Planning And Environmental Commission: Development
standards shall be proposed by the applicant as a part of a conditional use
permit application. Site specific development standards shall then be determined
by the Pplanning and Eenvironmental Coommsssion during the review of the
conditional use request in accordance with the provisions of Cehapter 16 of this
Title.
12-9C-6: ADDITIONAL DEVELOPMENT 5TANDARDS.•
Additional regulations pertaining to site development standards and the
development of land in the Ggeneral Use Ddistrict are found in Cehapter 14 of
this Title.
Section 29. Chapter 12-10 is hereby amended as follows:
12-10-6.• PARKING; OFF-SITE AND JOINT FACILITIES:
All parking and loading facilities required by this Cehapter shall be located on
the same site as the use for which they are required, provided that the Town
Ceouncil may permit o,
f,
j`-site or jointly used parking facilities if located within
• three (300) hundred feet f399-~ of the use served. Authority to permit of,~site or
joint parking facilities shall not extend to parking spaces required by this T~itte
to be located within the main building on a site, but may extend to parking spaces
permitted to be unenclosed. Prior to permitting ofJsite or joint parking facilities,
the Ceouncil shalt determine that the proposed location of the parking facilities
and the prospective operation and maintenance of the facilities will fulfill the
purposes of this Cehapter, will be as usable and convenient as parking facilities
located on the site of the use, and will not cause traffic congestion or an
unsightly concentration of parked cars. The Ceouncil may require such legal
instruments as it deems necessary to ensure unified operation and control of
joint
parking facilities or to ensure the continuation of such facilities, including
evidence of ownership, long-term lease, or easement
12-10-7: STANDARDS; AUTHORITY TO ADJUST.•
Parking standards shall be those provided in Title 14 of this code. The standards
set aut in Title 14 of this code, shall govern the design and construction of all
off-street parking and loading facilities, whether required by this Cehapter or
provided in addition to the requirements of this Cehapter. Minor adjustments of
the dimensions prescribed in this Cehapter may be authorized by the
Aadministrator if consistent with generally recognized design standards for oj,~
street parking and loadingfacilities.
12-10-9: LOADING STANDARDS.•
Standards for off-street e~s~rec~ loading shall be as follows:
• A. Location: All off street loading berths shall be located on the same lot as
the use served, but not in the required front setback. Off-street eee~ loading
sa
G
• berths shall be provided in addition to required off-street s~=s~e~ parking and
shall not be located within accessways.
B. Size.• Each required loading berth shall be not less than twelve (12) feet
f~ wide, thirty five (35) feet long, and if enclosed and/or covered,
fourteen feet (14) high. Adequate turning and maneuvering space shall be
provided within the lot lines. At the Pplanning and Eenvironmental
Ceommission's discretion, variations to the minimum loading berth dimension
standards outlined above may be approved or required, subject to the Pplanning
and Eenvironmental Coommsssion finding that such variation is necessary to
prevent negative impacts to the public right of way.
12-10-13: LOADING REQUIREMENTS SCHEDULE:
Off-street loading requirements shall be determined in accordance with the
following schedule:
Use Loadine Reauirement
Any use listed as a Loading facilities requirement to be determined
conditional use by the te~a:i ~e~erl Planning and
Environmental Commission as a condition of
the conditional use permit, but not less than the
comparable requirement prescribed above
12-10-16: EXEMPT AREAS,• PARKING FUND ESTABLISHED:
• A. Criteria; The Town Ceouncil by resolution may exempt certain areas
from the o,
f,
j`-street parking and loading requirements of this Cehapter if
alternative means will meet the off-street parking and loading needs of all uses in
the area. Prior to exempting any area from the offstreet parking and loading
requirements, the Ceouncil shall determine the following:
B. Parking Fund
2. The parking fee to be paid by any owner or applicant shall be determined by
the Town Ceouncil.
3. If any parking funds have been paid in accordance with this Section and if
subsequent thereto a special or general improvement district is formed and
assessments levied
for the purpose of
paying
for parking improvements, the payer
p~+er~shall be credited against the assessment with the amount previously paid.
12-10-17: LEASING OF PARKING SPACES.•
B. Lease Qualifications; Application To Lease:
1. Any owner, occupant or building manager who owns, occupies or manages
ten (10) or more private parking spaces located in Coommercial Ceore 1,
Coommercial Ceore 2, Coommercial Ceare 3, H~kigh Ddensity Mmultiple-
F{amily, Ppublic Aaccommodations, Lionshead Mixed Use 1 ~1 m~.~
Lionshead Mixed Use 2, Irarrl m'~eat-ars: 2 Commercial Service
Center or Special Ddevelopment zone districts and provides suf~jicient parking
for use by employees may apply to the Addministrator of the Town for a permit
to lease parking spaces.
2. Application shall be made on a form provided by the Administrator and upon
approval of the application by th~Aadministrator a leasing permit shall be
• issued with or without condition as determined by the Aadministrator. If the
Administrator ;;fsff determines that the lease proposal results in a visual
impact to surrounding streets or property, the Aadministrator may condition the
i 85
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• approval with a requirement that the applicant install landscaping on the site to
improve the visual appearance of the parking area. If
said private parking spaces
are located on the common area or grounds of any condominium project, written
approval of the condominium association (if any) will be required on this
application.
3. The Aadministrator may request that an applicant conduct a parking
utilization study to determine the di,
f~erence between the average capacity of the
lot and the peak day utilization, and such other information as may be necessary
for the proper consideration of the application.
4. The proposed lease agreement shall be for the period of not less than one
month nor greater than twelve (12) months. When requested, the Asdministrator
may extend the lease agreement for an additional twelve (12) months so long as
the conditions relating to the parking spaces have not significantly changed. Any
applicant wishing for an extension to an established lease agreement, must
submit an application to the Aadministrator no later than two (2) weeks prior to
the termination of the existing approval.
S. No applicant shall be permitted to lease more than sixty percent (60%) of the
parking spaces which is the di~`erence between the average capacity of the lot
and the peak day utilization as determined by the Aadministrator.
8. It shall be the responsibility of the owner, occupant or building manager who
has leased spaces to others to provide adequate and proper signs ~tkePefer on the
premises and to see that the leased spaces are used and occupied in accordance
with the lease agreement.
10. Car rental agencies may lease parking spaces only in the CC3 ~er~e-Ddistrict,
• and shall be limited to a maximum of
fifteen (1 S) parking spaces per site. Each
site may be allowed a maximum of one lease for a car rental agency.
12-10-20: SPECIAL REVIEW PROVISIONS:
Notwithstanding the provisions of S~eetion 12-10-18 of this Cehapter, the
Pplanning and Eenvironmental Ceommission may approve a reduction to the
number of required spaces specified in Ssection 12-10-10 of this Cehapter,
provided a report documenting the presence of unique parking characteristics is
provided by a qualified consultant and the following fndings are made by the
Pplanning and Eenvironmental Ceommission:
In reaching a decision, the Pplanning and Eenvironmental Ceommission shall
consider survey data submitted by a qualified transportation planning or
engineering consultant. Projects under "special review" are subject to additional
scrutiny by the Pplanning and Eenvironmental Ceommission after development
plan approval if it is deemed necessary to verify continued compliance with the
above listed criteria. The maximum allowable reduction in the number of
required spaces shall not exceed twenty five percent (2S%) of the total number
required under Ssection 12-10-10 of this Cehapter.
12-10-21: PARKING PAYINLIEU ZONES ESTABLISHED:
The "Parking Pay-in-Lieu Zone" maps (attached to ordinance 4, series of 2001,
and available for inspection in the ojjice of the Town Celerk) shall be used to
identify properties within the parking pay in lieu zones referenced in Ssection 12-
• 10-16 of this Cehapter. Properties will be required to comply with the amended
program upon demolition/rebuild. Properties not included in the pay in lieu
zones may apply to the Pplanning and Eenvironmental Ceommission for review
86
i 6
• if the provision of on site parking on the property would circumvent relevant
objectives of applicable Comprehensive o Pplan documents including, but
not limited to, parking, pedestrianization, and vehicle penetration elements.
Section 30. Chapter 12-11 is hereby amended as follows:
12-11-1: PURPOSE
B. Area Character Protection: These factors constitute an important
economic base for the Ttown, both for those who earn their living here and for
those who view the Ttown as a precious physical possession. The Ttown
Ceouncil finds that new development and redevelopment can have a substantial
impact on the character of an area in which it is located. Some harmful effects of
one land use upon another can be prevented through zoning, subdivision
controls, and building codes. Other aspects of development are more subtle and
less amenable to exact rules put into operation without regard to specific
development proposals. Among these are the general form of the land before and
after development, the spatial relationships of structures and open spaces to land
uses within the vicinity and the Ttown, and the appearance of buildings and open
spaces as they contribute to the area as it is being developed and redeveloped. In
order to provide for the timely exercise of
judgment in the public interest in the
evaluation of the design of new development and redevelopment, the Town
Ceouncil has created a Ddesign Review Bboard (DRB) and design criteria.
• 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION.•
A. Basis For Meanings: Any words, terms, or phrases used in this design
review guide shall be defined and interpreted in accordance with the definitions
contained in Section 12-2-2 of this T~Eitle, unless the context clearly indicates a
different meaning was intended. If the context is unclear, the matter will be
referred to the Ddesign Review Bboard
forfinal determination.
12-I1-3: DESIGNAPPROVAL:
C. Nonconforming Sites And Structures; Effect Of Design Guidelines:
2. From the effective date of July 21, 1998, there shall be permitted aone-time
exclusion from this provision for an expansion to single family, two family, and
primary/secondary residential dwelling units. This one-time exclusion shall be
allowed for a single expansion of five hundred (S00) square feet or less of
allowable GRFA or garage area credit per dwelling unit. In which case,
structures may be expanded without requiring upgrades to entire structures and
sites to conform to ~+rt# the design guidelines. The addition itself, however, shall
conform to ~wi~t# the design guidelines. An expansion which is greater than five
hundred (S00) square feet, or any subsequent expansion to a structure,
regardless of size, shall require full compliance of the dwelling unit with the
design guidelines.
12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE:
B. Conceptual Design Review:
1. Submittal Requirements: The owner or authorized agent of any project
• requiring design approval as prescribed by this Chapter may submit plans for
conceptual review by the Design Review Board to the Department of Community
Development. The purpose of a conceptual review shall be to give the applicant a
87
b
• basic understanding with respect to the design concept and the compatibility of a
proposal with the design guidelines contained within this Chapter. This
procedure is recommended mainly for those applications of a higher impact than
single family and two family residences although projects of that nature shall not
be excluded the opportunity to request a conceptual design review. The following
information shall be submitted for a conceptual review ten (10) days prior to a
scheduled Design Review Board meeting:
e. Planning and Eenvironmental Ceommission and/or Ttown Ceouncil approval
if required.
' 2. Staff;• Board Procedure:
a. Upon receipt of an application for conceptual design review the Dstepartment
of Ceommunity Ddevelopment shall review the submitted materials for general
compliance with the appropriate requirements of the Zoning Regulations eerie.
If the proposal is in basic compliance with the Zoning Regulations, ess~e
~ae~~ri~erne~~s the project shall be forwarded to the Ddesign Review Bboard for
conceptual review. If the application is not generally in compliance with the
Zoning Regulations, eea~e ~e~atr~eo~errts the application and submittal materials
shall be returned to the applicant with a written explanation of the DsTepartment
of Ceommunity D~levelopment's findings.
b. The Ds~esign Review Bboard shall review the application and supporting
material that has been submitted for a conceptual review in order to determine
whether or not the project generally complies with the design guidelines, and
forward comments concerning the design to the applicant. No vote of the design
review board will be required unless requested by the applicant. The property
• owner or his/her representative shall be present at the Ddesign Review Board
hearing.
C. Preliminary And Final Design Review:
1. The owner or authorized agent of any project requiring design approval as
prescribed by this Cehapter shall submit for final design approval all of the
following material to the Asdministrator, unless the Administrator determines
within five (S) days of a written request for such determination that some of the
following material may be excluded.•
h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs
or other information required by the sign ordinance codified in T~title 11 of this
Ceode, showing in detail design, materials, and colors and specifying the method
of illumination. Locations of proposed signs shall be indicated by a numbering
system or other clearly comprehensible system of reference to the site plan
prescribed in Subsection CI d of this Section. Upon request of the
Aadministrator, samples of
sign materials shall be submitted.
i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping
plans.
(1) Plan Required: In all developments involving two (2) or more acres, an
erosion control plan will be required. For developments involving less than two
(2) acres, an erosion control plan may be required by the Dblepartment of
Ceommunity Ds~evelopment, based upon conditions of slope and soil stability.
(3) Review Of Pdan: The Ddepartment of Ceommunity Development shall
review and approve all erosion control plans and shall maintain a list of erosion
control practices, both structural and nonstructural.
• (S) Revegetation Landscaping: Such plan shall be required of any applicant
proposing to remove or disturb existing vegetation. Potential damage to existing
landscaping/vegetation shall be adequate reason for requiring a revegetation
ss
B
• plan. At a minimum, plans submitted under this Subsection shall include
revegetation of land disturbed by development and construction activity. The
Department of Ceommunity Development shall establish and maintain a list of
revegetation best management practices.
(6) Additional Requirements. In addition to the above requirements, the
Department of Ceommunity Development may require any or all of the
following:
j. NPDES Permit: An approved national pollutant discharge elimination system
permit for storm water discharges to surface waters resulting from developments
draining two (2) or more acres shall be presented. In lieu of such permit, the
developer of an area of two (2) or more acres may present a "no discharge"
storm water drainage plan, which may include such measures or detention
ponds, high curbs, and infiltration galleries. The Department of Ceommunity
Development shall establish and maintain a list of such "no discharge"
measures.
m. Lighting Plan: An outdoor lighting plan shall be submitted separately from
the site plan or landscape plan, and shall show the location, the height above
grade, the type of illumination (such as incandescent, halogen, high pressure
sodium, etc.), the source lumens, and the luminous area for each light source
which is proposed. The applicant shall provide documentation that the lights
meet the standards set forth in Section 12-11-5 of this Cehapter. In addition to
locating this information graphically on a plan, the applicant shall provide the
information on the application form provided by the Department of Ceommuniry
Development.
• 2. Sta,
f~' Or Design Review Board Procedure: The Department of Ceommunity
Development shall check all material submitted for design review for
compliance with the applicable provisions of the Zoning Regulations eerie,
Subdivision Regulations, and with this Subsection C (the submittal
requirements of this Section as outlined above). If the application is found to be
in compliance with the applicable provisions of the Zoning Ceode, Ssubdivision
Regulations, and this Ssubsection C, the project shall either be placed upon the
agenda of the next appropriately scheduled Design Review Board meeting in
accordance with the required application submittal deadlines on file in the
Department of Ceommunity Development, or be reviewed by the
A,~dministrator in accordance with Ssubsection C3 of this Seection (staff
approval). If the application is found not to be in compliance with the applicable
provisions of the Zsoning Regulations eerie and this Subsection C, the
application and materials shall be returned to the applicant with an explanation
of the Administrator's findings. The Asdministrator may require any additional
items from the applicant as may be necessary for complete and proper design
review.
a. The Administrator or the Design Review Bboard shall review the
application and supporting material, and if the design of the project is found to
comply with the objectives and design guidelines of this Cehapter, the
Administrator or the Design Review Bboard shall approve the design of the
project, documenting such approval in writing and noting any conditions of
approval. If additional items are needed, as specified herein, to determine
whether the project will comply with the purpose statement and design guidelines
• of this Cehapter, the Design Review Board may give preliminary approval or
table the project until the next regularly scheduled meeting. If the project is
tabled or if
preliminary approval is given, the board shall specify the conditions
89
a
• and additional and/or modified materials which must be submitted by the
applicant to the Design Review Bboard or to the Asdministrator, including
any changes in the design of the project. The applicant may also table the
application to a future meeting for any reason.
b. If the project is found to conflict with the design guidelines, the Aadministrator
or the Design Review Board shall disapprove the design of the project. Any
disapproval shall be in writing and shall specifically describe the design
guidelines with which the design of the project does not comply and the manner
of noncompliance.
c. Following the final review of an application by the Design Review Board
at a public meeting, the Design Review Board shall have thirty (30) days to
consider and approve or deny an application. The time for action may be
extended at the request of the applicant.
d. If changes in the design of the project are requested, the Design Review
Board shall approve, disapprove or request further changes within thirty (30)
days of the meeting at which the Design Review Board receives the changes
unless an extension is agreed to by the applicant.
e. The applicant or his/her authorized representative shall be present at the
Design Review Board meeting.
3. Staff Approval: The Aadministrator may approve any of the following
applications:
a. Any application to modify an existing building that does not significantly
change the existing planes of the building and is generally consistent with the
architectural design, including, but not limited to, exterior building finish
• materials (e.g., stonework, siding, roof materials, paint or stain), exterior
lighting, canopies or awnings, fences, antennas, satellite dishes, windows,
skylights, minor commercial facade improvements, and other similar
modifications;
b. Any application for an addition to an existing building that is consistent with
the architectural design, materials and colors of the building, and approval has
been received by an authorized member of a condominium association, if
applicable;
c. Any application to remove or modify the existing vegetation or landscaping
upon a site; and
d. Any application for site improvements or modifications including, but not
limited to, driveway modifications, site grading, site walls, installation of
accessory structures or recreational facilities.
In the above specified cases, the Administrator may review and approve the
application, approve the application with certain modifications, deny the
application, or refer the application to the Design Review Bboard for decision.
All other applications shall be referred to the Design Review Board.
12-11-5: DESIGN GUIDELINES:
The design guidelines for all development are contained in Title #1e-14 of this
Ceode.
12-11-6: PARKDESIGN GUIDELINES:
A. Purpose: These guidelines shall be used by the Design Review Board
. in reviewing any proposals for the development of Town park land. The
guidelines shall be used in conjunction with the general design review guidelines
found in Title 14 of this Ceode. It is the intent of these guidelines to leave as
90
b
• much design freedom as possible to the individual designer while at the same
time encouraging park development that will complement the natural beauty of
our park land. The purpose of the guidelines is to provide continuity in the
character of the parks which will be developed over many years. The guidelines
will provide consistent design criteria to maintain the quality of Town parks
through all phases of development.
12-11-7: DESIGNREVIEWFEE:
The Town Ceouncil shall set a design review fee schedule sufficient to cover the
cost of Town staff time, consultant's fees, and incidental expense.
12-11-8: PERFORMANCE BOND:
The Bbuilding Oe~cial shall not issue a final certificate of occupancy for
structures which have obtained design review approval 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 Bbuilding Oefficial may issue a temporary
certificate of occupancy not to exceed two hundred ten (21 D) days upon the
applicant posting with the Ddepartment of Ceommunity Development a
performance bond or other security acceptable to the Town Ceouncil 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 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 T,town.
12-11-11: ENFORCEMENT; INSPECTION.•
Before occupying or using any structure included in a design review application,
the applicant must obtain an occupancy certificate after inspection by the
Department of Ceommunity Ddevelopment. The Department of Ceommunity
Development shall inspect the site to ensure that the work has been completed
in accordance with the application and plans approved by the Design Review
Bboard. It shall be the duty of the property owner or his/her authorized agent to
note the Department of Ceommunity Development that such work is ready for
inspection in order to ascertain compliance with approved plans. If the project is
found upon inspection to be fully completed and in compliance with the approved
design review application and plans, the Department of Ceommunity
Development shall issue a final certificate of occupancy. If the project is found
to be completed in such a manner that a temporary certificate of occupancy may
be issued as specified by the adopted building code, the applicant shall post a
bond as set forth in Section 12-11-8 of this Cehapter. Upon forfeiture of said
bond or surety, the Town shall proceed to install the improvements for which
bond or surety was posted. In the event that the cost of installing the
improvements exceeds the amount of the bond, the owner of said property shall
be individually liable to the Town for the additional costs thereof. Furthermore,
• the amount that the cost of installing said improvements exceeds the amount of
the performance bond shall automatically become a lien upon any and all
property included within the design review application.
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Section 31. Chapter 12-12 is hereby amended as follows:
12-12-1: PURPOSE:
Submission and review of an Eenvironmental Impact lt~eport on any private
development proposal or public project which may affect to any significant
degree the quality of the environment in the Town or in surrounding areas is
required to achieve the following objectives:
12-12-2: APPLICABILITY:
An Eenvironmental Impact Report shall be submitted to the Administrator for
any project for which such a report is required by Federal or State law, or for any
project which the Administrator determines may significantly change the
environment, either during construction or on a continuing basis, in one or more
of the following respects:
.
• 12-12-3: EXEMPT PROJECTS:
' An Eenvironmental Impact Report shall not be required for the following
projects:
B. A phase of a project for which an Eenvironmental Impact Report
previously was submitted and reviewed covering the entire project, provided that
the project was approved and not subsequently altered.
12-12-4: STUDIES AND DATA REQUIRED:
A. Range Of Studies: The Eenvironmental Impact Report shall be based
on systematic studies conducted by the Town staff or by professional consultants,
as determined by the Administrator. The Eenvironmental Impact Report on a
public project may be prepared by the responsible public agency or by
professional consultants it engages. The range of studies needed to develop the
technical data for an F.environmental I3mpact Report includes the following
natural systems and other studies:
B. Summarization: The Eenvironmental Impact Report shall summarize
the findings and recommendations of the technical and other supporting studies
in terms that can be assessed and evaluated by Town officials and the general
public. Technical data shall be submitted as supporting documentation. Technical
data prepared as a part of any other procedure or requirement of this Chapter, or
of any other ordinance or Federal, State or Town regulation, also may be used to
support an Eenvironmental I}xnpact Report.
12-12-5: REPORT CON i t:NTS:
A. Information And Analysis: The Eenvironmental I}mpact Report shall
contain information and analysis, in sufficient detail and adequately supported by
technical studies, to enable the Town Council to judge the environmental impact
of the project and to judge measures proposed to reduce or negate any harmful
impacts.
B. General Statement; Descriptive Materials: The Eenvironmental Impact
Report shall include a general statement, describing the proposed project and its
purpose, identifying the owner and/or sponsors, and, if a public project,
identifying the funding source and time schedule. Descriptive materials, maps,
and plans shall be submitted showing the following information:
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• C. Environmental Inventory: The Eenvironmental Impact Report shall
include an environmental inventory, providing complete information on the
environmental setting existing prior to the proposed project and containing
sufficient information to permit independent evaluation by reviewers of factors
that could be affected by the proposed project. The environmental inventory shall
include maps, photographs, or other appropriate illustrative material.
E. Analysis: The Eenvironmental Impact Report shall include a
comprehensive, qualitative and quantitative analysis of any significant impact
that the proposed project will have on the environment. The analysis shall
describe temporary effects that will prevail during construction, and long-term
effects that will prevail after completion. The analysis shall describe both
beneficial effects and detrimental effects. The analysis shall consider primary
effects and secondary effects which will result from the project. The analysis
portion of the Eenvironmental Impact Report shall fully assess the following
items:
12-12-6: REPORT; ADDITIONAL MATERIAL:
The Administrator may further prescribe the form and content of an
Eenvironmental Ilmpact Report, setting forth in greater detail the factors to be
considered and the manner in which the report shall be prepazed, and may require
submission of information in addition to that required by Section 12-12-5 of this
Chapter.
12-12-7: TIME SCHEDULE:
• The Eenvironmental Impact Report required under this Chapter shall be
prepared within thirty (30) days of the date that plans aze submitted for design
review as prescribed in Sections 12-12-4 through 12-12-6 of this Chapter, subject
to extension of the time period to a maximum of ninety (90) days by the Planning
and Environmental Commission. The time period may be extended to a
maximum of one hundred eighty (180) days if seasonal conditions prevent a
comprehensive analysis.
12-12-8: FEE:
In the event that the Town engages professional consultants to prepare an
Eenvironmental Impact Report, the cost shall be paid by the sponsor of the
project. The sponsor may be required to deposit a fixed sum in advance to cover
the cost of the report, with the unexpended balance returnable to the sponsor.
12-12-9: SUBMISSION OF REPORT TO OFFICIALS:
The Eenvironmental Iimpact Report shall be submitted to the Administrator.
The Administrator shall prescribe the number of copies to be submitted. The
Administrator shall notify the Town Council, the Planning and Environmental
Commission, and the Design Review Board of receipt of an Eenvironmental
Ilmpact Report, and shall transmit copies of the report upon request.
Environmental Ilmpact Reports shall be available for public review in the
offices of the Town.
12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION:
• B. Supplementary Data: The Commission may receive additional statements
or supporting materials from the sponsor of a project, from the Town staff, from
professional consultants, or from others. Such additional materials may be
93
B
• considered as supplementary or amendatory to the Eenvironmental Impact
Report.
12-12-11: ACTION BY COMMISSION:
A. Criteria For Decision: Following review of the Eenvironmental Impact
Report, the Planning and Environmental Commission shall approve, disapprove,
or request changes in the project in writing. The Planning and Environmental
Commission shall approve the project unless it finds that either the project will
have significant long-term adverse effects on the environment with respect to the
natural systems or other factors studied as prescribed in Section 12-12-4 of this
Chapter or the project will have short-term adverse effects on the environment so
detrimental that public health, safety or welfare considerations preclude approval
of the project. In the case of either finding, if changes in the project aze feasible
which ameliorate or avoid the adverse effects on the environment sufficiently to
permit approval of the project, the Planning and Environmental Commission, in
writing, shall describe those changes and request those changes be made. If the
Planning and Environmental Commission determines that the changes are not
feasible, it shall disapprove the project in writing, describing the adverse effects
on the environment, the significance of the effects either to the natural systems or
other factors studied as prescribed in Section 12-12-4 of this Chapter or to the
public health, safety or welfaze and the Planning and Environmental
Commission's reasons for concluding that no changes in the project are feasible
to ameliorate or avoid those effects.
• 12-12-12: PERMIT ISSUANCE:
A. Conformance To Environmental Impact Report: Upon approval of the
project, applicable permits may be issued and the project may proceed, subject to
such additional requirements, permits, or authorizations as may be required by
this Title and by other applicable ordinances or regulations of the Town. No
permits shall be issued and no authorizations shall be granted which would allow
a project to proceed in the event that the Planning and Environmental
Commission does not grant approval of the Eenvironmental Ilmpact Report
after review. No permits shall be issued and no authorizations shall be granted for
any project which does not conform substantially to the description of the project
contained in the Eenvironmental Impact Report.
B. Exception: This Section shall not apply to a project for which an
Eenvironmental Impact Report is not required, as prescribed in Section 12-12-3
of this Chapter.
Section 32. Section 12-13-3 is hereby amended as follows:
12-13-3: GENERAL REQUIREMENTS.•
A. Deed Restriction, Occupancy Limitations, Reporting Requirements -Types I,
II, IIl, And Y.•
3. For an EHU which can be sold separately, the EHU must be occupied by the
owner of the EHU as a permanent residence, except for Type III employee
housing units, which may be occupied by any person meeting the employment
• requirements contained herein. For the purpose of this Subsection, a
'permanent residence"shall mean the home or place in which one's habitation is
fixed and to which one, whenever he or she is absent, has a present intention of
94
• returning after a departure or absence from said home or place •tlter~r,
regardless of the duration of absence. In determining what is a permanent
residence, the Town staff shall take the following circumstances relating to the
owner of the residence into account: business pursuits, employment, income
sources, residence for income or other tax purposes, age, marital status,
residence of parents, spouse and children if any, location of personal and real
property, and motor vehicle registration. Thirty (30) days prior to the transfer of
a deed for an EHU, the prospective purchaser shall submit an application to the
Department of Community Development documenting that the prospective
purchaser meets the criteria set forth herein and shall include an affidavit
affirming that he or she meets these criteria.
B. Deed Restriction, Occupancy Limitations, Reporting Requirements -
Type IV.• All Type IY employee housing unit deed restrictions shall be
incorporated into an agreement in a form and substance acceptable to the Town
manager and Town attorney.
C. Development Standards:
S. An EHU may be located in, or attached to, an existing garage (existing on or
before April 18, 2000, and whether located in a required setback or not),
provided that no existing parking required by this code is reduced or eliminated.
A type I EHU which has five hundred (S00) square feet or less of GRFA may be
considered for physical separation from the primary unit, if it is constructed in
conjunction with a two (2) car garage and is otherwise compatible with the
surrounding properties, does not have an adverse impact on vegetation, and does
not dominate the street. The Ddesign Review Bboard shall review such requests
• for separation.
D. Application Requirements:
2. EHU applications requiring a conditional use permit are subject to review and
approval by the Pplanning and Eenvironmental Ceommission as provided for in
Cehapter 16 of this Title.
3. EHU applications which do not require a conditional use permit shall be
reviewed by the Department of Coommunity Ddevelopment subject to a design
review application.
S. Any existing legal nonconforming dwelling unit in the Town may be converted
to an EHU administratively by the Town without obtaining a conditional use
permit. Dwelling units and lock off units which exist as of the date hereof but
which are nonconforming with respect to density and GRFA may be converted to
a conforming EHU administratively by the Town, as long as they otherwise
comply with the development standards and parking requirements found herein
and comply with the building code requirements of the Town. Upon being
converted to an EHU per this Ssection, such dwelling units shall be considered
legally conforming EHUs and shall be governed by all requirements of this
Cehapter.
F. Written Management Plan For Type VI Housing: For the purposes of
this Title, a type VI employee housing unit is an employee housing unit which
shall be governed by a written management plan or other written program
approved by the Pplanning and Eenvironmental Ceommission. The management
plan is the principal document in guiding the use of a type VI employee housing
unit. The management plan shall be reviewed and approved by the Pplanning
• and Eenvironmental Ceommission as part of the conditional use permit
application for a type VI employee housing unit in accordance with the
provisions of Cehapter 16 of this Title.
95
• 1. Management Plan; Required Contents.•
e. Affidavit: No later than February 1 of each year, the owner of a type VI
employee housing unit shall submit two (2) copies of a sworn affidavit to be
obtained from the Ddepartment of Ceommunity D~ievelopment, to the
Ds~epartment of Ceommunity Ddevelopment setting forth evidence establishing
that the employee housing unit has been used in compliance with the
management plan.
f. Other Items: Such other items as the Pplanning and Eenvironmental
Ceommission or the Asdministrator may deem necessary to the proposed
management plan.
g. Amendments: Amendments to an approved management plan shall be
reviewed by the Pplanning and Eenvironmental Ceommission in accordance with
this Ssection.
Section 33. Chapter 12-14 is hereby amended as follows:
12-14-1: APPLICABILITY.•
The provisions of this Cehapter shall be efi`ective in all zone districts or, where
specified, in particular zone districts, and shall be in addition to the regulations
prescribed for each zone district.
12-14-10.• APPLICATION AND INTERPRETATION OF HEIGHT LIMITS:
Where a building is designed to have the appearance of separate, identifiable
• structures joined only by lower portions of the same structure, or adjoining for
less than twenty five percent (25%) of the perimeter of the portion of the
structure to another portion of the structure, each separate or identifiable
portion may be considered a separate structure for the purpose of determining
height limits. Determination of
portions of a structure having the appearance of
separate, identifiable structures shall be made by the Asdministrator.
12-14-11: APPLICATIONAND INTERPRETATION OF LOT LINES:
Where a lot or site does not have frontage on a street, or where access is by
means of an easement or other right over adjoining properties, by means of an
extension of a portion of the site, or by means of a private driveway, road, or
street, the line where principal access to the lot is attained shall be deemed the
front lot line, and setback areas shall be determined from said front lot line
~14ePef~ern. A portion of a lot or site less than twenty feet (20) in width providing
access from a street to the principal portion of the site shall not be used in
calculating permitted gross residential floor area on the site.
12-14-12: HOME OCCUPATIONS:
A. Permit Required: The conduct of a home occupation, where permitted as
an accessory use by the provisions of this Ttitle, shall be subject to issuance of a
home occupation permit by the Aadministrator. Application shall be made on a
form prescribed by the Aedministrator, and shall be accompanied by a statement
fully describing the nature of the home occupation, including hours of operation,
equipment or machinery to be used, anticipated number of customers, clients or
• students, and other features of the home occupation. The application shall
describe in detail the manner in which the home occupation will conform ~tt# to
the requirements of this Cehapter.
96
• B. Application Contents: An application for a home occupation permit shall
be made upon a form provided by the Aadministrator. The application shall be
supported by documents, maps, plans, and other material as requested by the
Aadministrator to evaluate the proposal. Application materials may include, but
not be limited to, floor plans, site plans, parking and traffic circulation plans,
verbcation of liability insurance, and title reports.
C. Permit Issuance And Findings: After review of the application, the
Aedministrator may issue a home occupation permit if he/she finds that the
proposed use will conform ~++rth to the requirements of this Cehapter. The permit
may be subject to such conditions as the Aadministrator deems necessary to
guarantee operation of the home occupation in accordance with the requirements
of this Cehapter and compatibly with other uses in the vicinity. The
Administrator shall deny the application if he/she finds that the proposed use
will not conform # to the provisions of this Cehapter, or would be injurious or
detrimental to other properties in the vicinity.
D. Permit Time Limit; Renewal: Home occupation permits, when issued,
shall be for a limited time period not exceeding one year. Permits shall be
renewable upon application, subject to such regulations as shall be in effect at
the time of application for renewal. The Aadministrator shall make the same
f ndings with respect to an application for renewal as for the original issuance of
a home occupation permit.
12-14-13: REGULATIONSAPPLICABLE TO PARTICULAR USES:
• The regulations set out in Ssection 12-14-14 of this Cehapter shall be applicable
to the uses listed in that Ssection in any zone district in which the use is a
permitted use or a conditional use.
12-14-1 S: SIGN REGULATIONS:
All signs shall be regulated in accordance with the provisions of T#itle 11 of this
Ceode. The Town Ceouncil may by ordinance provide for the administration and
enforcement of the provisions of Title I1 by the Aadministrator or other
administrative official, and may provide for review and approval procedures
pursuant to Ttitle I1 by the Ddesign Review Bboard established by this Title.
12-14-16: PROPERTY OWNER MAINTENANCE RESPONSIBILITY.•
Property owners shall be responsible for improving the area from their property
line to the edge of roadway, including necessary drainage. Improvement of the
area shall be designed so as not to impede snow plowing or impair visibility at
street intersections, which improvement shall be approved by the Ddepartment of
Ppublic W~+orks.
12-14-17: SETBACK FROM WATERCOURSE: '
Minimum setback from a creek or stream shall be not less than thirty feet (30)
from the center of the established creek or stream channel as defined by the
Town Ceomprehensive Pplan base maps; provided, however, that the setback
from Gore Creek shall be fifty feet (SO). Natural creek or stream channels may
not be rechanneled or changed.
• 12-14-18: BED AND BREAKFAST OPERATIONS:
97
6
• C. Compliance.• It shall be unlawful for a bed and breakfast operation to do
business without a conditional use permit from the Pplanning and
Eenvironmental Ceommission after June 12, 1990, or to operate in violation of
any of the provisions of this Ceode.
D. Discontinuance: Any bed and breakfast operation which is discontinued
for a period of twelve (12) months, regardless of any intent to resume operation
of use, shall not be resumed thereafter, and any future use of the site or
structures thereon shall conform iait# to the provisions of this Ttitle.
E. Review Of Decision: The Tfown Ceouncil, the applicant, adjacent
property owner or the Ttown M,manager, may appeal/call up to the Ttown
Ceouncil for review any decision made by the Pplanning and Eenvironmental
Ceommission regarding a conditional use permit for bed and breakfast as per
Ssection 12-3-3 of this Title.
12-14-19.• SATELLITE DISHANTENNAS.•
A. Purpose: The purposes of this Section is are as follows:
2. To protect and support the aesthetic concerns of the Ttown, a resort
community which must remain aesthetically pleasing to visitors to remain
economically viable.
C. Application; Review: Satellite dish antennas shall comply with all the
requirements set forth herein. Person or persons wishing to install a satellite dish
antenna within the Ttown shall submit an application to the Department of
Ceommuniry Da~evelopment for review. The application shall set forth the
following:
• 1. Completed Ddesign Review B,~oard application form.
2. Site plan showing proposed location of the satellite dish antenna.
3. Description of the satellite dish antenna (i.e., size, design, materials, etc).
4. Color sample (if applicable).
S. Landscape plan (cf applicable).
6. An improvement location certificate and/or a preliminary title report.
7. Elevations, perspectives or renderings if deemed applicable by the staff of the
Ddepartment of Ceommuniry Ddevelopment.
Upon receipt of application, it shall be reviewed by the Department of
Ceommuniry Ddevelopment. If the Ddepartment of Ceommuniry Ddevelopment
determines that the requirements set forth herein have been met, they shall
forward the application to the Ddesign Review Bboard for consideration of
whether or not the satellite dish antenna meets the requirements set forth herein
in Subsection IZ-11-SHof this Ttitle.
D. Compliance With Requirements; Variance:
1. Requirements.• Satellite dish antennas shall comply with the following
requirements:
a. No more than one satellite dish antenna shall be allowed on any lot as
delineated on the Official Zoning Map ~?~yt~ rr?~p.
g. Issuance of a building permit from the Ddepartment of Ceommunity
Ddevelopment shall be required prior to the installation of any satellite dish
antenna.
h. Adjacent property owners and owners of dwelling units on the same lot as the
applicant shall be notified of any application for the installation of a satellite
• dish antenna. Notification procedures shall be as outlined in Seubsection 12-3-
6C of this Title. Names and mailing addresses of adjacent property owners and
98
I
• of owners of dwelling units on the same lot as the applicant shall be provided to
the Da~epartment of Ceommunity Ddevelopment by the applicant.
i. Due to the special aesthetic importance of the core areas of the Town, exterior
installations of satellite dish antennas in Ceommercial Ceores 1, 2, Lionshead
Mixed Use 1, and Lionshead Mixed Use 2 gene Ddistricts shall be
permitted only if screened by some type of enclosing structure. Said structures
required to enclose a satellite dish antenna in these areas shall comply with all
applicable zoning regulations and shall be architecturally compatible with the
existing structure.
Section 34. Section 12-15-2 is hereby amended as follows:
12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT:
Zone Districts GRFA Ratio GRFA CREDITS
(Added to results
of application of
Percentage)
HR 0.43 of site 10, 000 sq. ft., plus None
Hillside Residential 0.25 of site area > 10, 000 and 5
22, 000 sq. ft., plus
0.07 of site area > 22, 000 sq. ft.
• SFR 0.40 of site area 10, 000 sq. ft., None
Single-Ffamily plus
R,~esidential 0.13 of site area > 10, 000 sq. ft.
R 0.46 of site area 10,000 sq. ft., None
Two-Ffamily plus
R~residential 0.38 of site area > 10,000 and <
1 S, 000 sq. ft., plus
0.13 of site area > 1 S, 000 and
30, 000 sq. ft., plus
0.06 of site area > 30, 000 sq. ft.
PS 0.46 of site area < 1 D, ODO sq. ft., None
Two-Ffamily plus
Pprimary/ 0.38 of site area > 10,000 and
Ssecondary 1 S, 000 sq. ft., plus
Residential 0.13 of site area > IS,000 and <
30, 000 sq. ft., plus
0.06 of site area > 30, 000 sq. ft.
(the secondary unit shall not
exceed 40% of the allowable
GRFA)
RC 0.36 of buildable area None
Residential Celuster
LDMF 0.44 of buildable area None
Low Ddensity
• M~ultiple-
F#amily
99
B
• MDMF O.S6 of buildable area None
Medium Ds~ensity
M~ultiple-
F#amily
HDMF 0.76 of buildable area None
High Ddensity
M~ultiple-
F#amily
H Per Planning and Eenvironmental None
Housing Ceommission approval
PA 0.80 of buildable area None
Public
' Aerccommodation
CCI 0.80 of buildable area None
Commercial Ceore 1
CC2 0.80 of buildable area None
Commercial Ceore 2
CC3 0.30 of buildable area None
Commercial Ceore 3
• CSC 0.40 of buildable area None
Commercial (GRFA shall not exceed SO% of the
Sservice Center center total building floor area on
any site)
ABD 0.60 of buildable area None
Arterial Bbusiness
HS None permitted None
Heavy Service
LMU-1 2.5 of buildable area None
Lionshead Mixed
Use 1
LMU-2 2.5 of buildable area None
Lionshead Mixed
Use 2
A 2,000 sq. ft. None
Agricultural and
Oepen Sspace
OR None permitted None
Outdoor
Recreation
P None permitted None
Parkin
GU Per Planning and Eenvironmental None
. General Use Ceommission approval
NAP None permitted None
ioo
e
. Natural Aa~rea
I Preservation
SBR Per Town Ceouncil approval None
Ski
Base/Recreation
SDD Per underlying zoning or per None
Special development plan approval by
Ds~evelopment Ttown Ceouncil
Districts
SBR2 Per Pplanning and Eenvironmental None
Ski. Ceommission approval
Base/Recreation 2
Section 35. Section 12-15-3 is hereby amended as follows:
12-1 S-3: DEFINITION, CALCULATION, AND EXCLUSIONS:
12-1 S-3A: Within The Hillside Residential (HR), Single-Family Residential
(SFR), Two-Family Residential (R), And Two-Family Primary/Secondary
Residential (PS), L>istricts:
lA: (4) Attic Areas With ~s Non truss System: Attic areas created by
. construction of a roof structure utilizing a ~s non-truss system, with
spaces greater than five feet (S) in height, if all of the following criteria are met:
(S) Attic Areas With #en Non-truss System: Attic areas created by
construction of a roof structure utilizing a ~ non-truss system, with
spaces greater than five feet (S)in height, if all of the following criteria are met:
2. Additional Calculation Provisions:
(2) If a roof structure is designed utilizing a ~ non-truss system, and
spaces greater than five feet (S) in height result, these areas shall not be counted
as GRFA if all of the following criteria are met:
Section 36. Section 12-15-4 is hereby amended as follows:
12-1 S-4: INTERIOR CONVERSIONS:
B. Applicability: Within all zone districts except the Single-Family
Residential (SFR), Two-Family Residential
~~1 (R), and Two-Family Primary/Secondary Residential 1q r.; fa,
r~~r~ (PS) Ddistricts, dwelling units that meet or exceed
allowable GRFA will be eligible to make interior conversions provided the
following criteria are satisfied:
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior
space conversion"provision in excess of existing or allowable GRFA including
such units located in a Special Development District gent
fret; provided, that such GRFA complies with the standards outlined herein.
C. Standards.•
• 3. Proposals for GRFA pursuant to this Section may involve exterior
modifications to existing buildings, however, such modifications shall not
increase the building bulk and mass of the existing building. Examples of exterior
l0i
e
. modifications which are considered to increase building bulk and mass include,
but are not limited to, the expansion of any existing exterior walls of the building,
regrading around a building in a manner which exposes more than two (2)
vertical feet of existing exterior walls and the expansion of existing roofs.
Notwithstanding the two (2) vertical foot limitation to regrading around a
building described above, additional regrading may be permitted in order to
allow for egress from new interior spaces. The extent of such regrading shall be
limited to providing adequate egress areas for windows or doors as per the
minimum necessary requirement for the adopted building code. Examples of
exterior modifications which are not considered to increase building bulk and
mass include, but are not limited to, the addition of windows, doors, skylights,
and window wells. Subject to design approval, dormers may be considered an
exterior modification in conjunction with interior conversions permitted by this
Section. Prior to approval of proposed dormers or regrading for windows or
doors as described above, the sta,
fJ' or the Ddesign R~review Bboard shall find
that they do not add significantly to the bulk and mass of the building and are
compatible with the overall scale, proportion, and design of the building. For the
purpose of this Section, "dormers" are defined as a vertical window projecting
from a sloping roof of a building, having vertical sides and a gable or shed roof,
in which the total cumulative length of the dormer(s) does not exceed fifty
percent (SO%) of the length of the sloping roof, per roof plane, from which the
dormer(s) projects.
D. Process: Applications shall be made to the Department of Ceommunity
Development staff on forms provided by the Department. Applications for
. interior conversions to single family, two family, primary/secondary or multi-
family dwelling units located in a Special Development District (SDD)
pursuant to this Section shall also be allowed without amending the GRFA
provisions of the SDD. However, properties with GRFA restrictions recorded on
the plat for the development shall be regulated according to the plat restrictions
unless the plat is modified to remove such restrictions. If the property is owned in
common (condominium association) or jointly with other property owners such
as driveways, A/B parcels or C parcels in duplex subdivisions, by way of
example, and not limitation, the written approval of the other property owner,
owners or applicable owners' association shall be required. This can be either in
the form of a letter of approval or signature on the application. The planning
staff will review the application to ensure the proposed addition complies with all
provisions of the interior conversion Ssection. Submittals shall include.•
1. Application fees pursuant to the current fee schedule.
2. Information and plans as set forth and required by Ssubsection 12-11-4C of
this Title or as determined by the Department of Ceommunity Development
sta,
fj:' Applicants need to submit as built jloor plans of the structure so that staff
can identify the existing building from any new additions that have occurred after
the approval of this Cehapter.
3. Proposals deemed by the Department of Ceommunity Development staff to
be in compliance with this Ssection and ald applicable zoning and development
regulations shall be approved by the Department of Ceommunity Development
or shall be forwarded to the Design Review Bboard in accordance with
Cehapter 11 of this Title. Proposals deemed to not comply with this Ssection or
• applicable zoning and development regulations shall be denied.
4. Upon receiving approvals pursuant to this Section, applicants shall proceed
with securing a building permit prior to initiating construction of the project.
io2
B
• S. Any decisions of the Ddepartment of Ceommunity D~Eevelopntent pursuant to
this Ssection may be appealed by any applicant in accordance with the
provisions of Section 12-3-3 of this Title.
Section 37. Section 12-15-5 is hereby amended as follows:
12-1 S-S: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250
ORDINANCE):
B. Applicability: The provisions of this S~eetion shall apply to dwelling
units in all zone districts except the Ssingle-Ffamily Residential (SFR), T~rvo-
Ffamily Residential (R), and Two-Faamily PPrimary/Ssecondary Residential
(PS) Ddistricts.
C. Single-Family Dwellings And Two-Family Dwellings In Zone Districts
Other Than The Single-Family Residential (SFR), Two-Family Residential (R),
And Two-Family Primary/Secondary Residential (PS) Districts: A single family
or two family dwelling unit shall be eligible for additional gross residential floor
area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of
GRFA in addition to the existing or allowable GRFA for the site. Before such
additional GRFA can be granted, the single family or two family dwelling unit
shall meet the following criteria:
1. Eligible Time Frame: A single family or two family dwelling unit shall be
eligible for additional GRFA, pursuant to this Section, if it is in existence prior
to November 30, 1995, or a completed Ddesign Review Bboard application for
• the original construction of said unit has been accepted by the Ds~epartment of
Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S)
years must have passed from the date the single family dwelling or two family
dwelling unit was issued a certificate of occupancy (whether temporary or final)
or, in the event a certificate of occupancy was not required for use of the
dwelling at the time of completion, from the date of original completion and
occupancy of the dwelling.
2. Use Of Additional Floor Space: Proposals for the utilization of the additional
gross residential floor area (GRFA) under this provision shall comply with all
Town zoning requirements and applicable development standards. If a variance
is required for a proposal, it shall be approved by the Planning and
Eenvironmental Ceommission pursuant to Cehapter 17 of this Title before an
application is made in accordance with this S~eetion. The applicant must obtain
a building permit within one year of final Planning and Eenvironmental
Ceommission approval or the approval for additional GRFA shall be voided.
D. Multi-Family Dwellings: Any dwelling unit in a multi family structure
that meets allowable GRFA shall be eligible for additional gross residential floor
area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of
GRFA in addition to the existing or allowable GRFA for the site. Any application
of such additional GRFA must meet the following criteria:
1. Eligible Time Frame: A multiple family dwelling unit shall be eligible for
additional GRFA, pursuant to this Section, if it is in existence prior to
November 30, 1995, or a completed Ds~esign Review Board application for the
original construction of said unit has been accepted by the Ddepartment of
• Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S)
years must have passed from the date the building was issued a certificate of
occupancy (whether temporary or final) or, in the event a certificate of
103
6
• occupancy was not required for use of the building at the time of completion,
from the date of original completion and occupancy of the building.
2. Use Of Additional Floor Space: Proposals for the utilization of the additional
GRFA under this provision shall comply with all T6own zoning requirements and
applicable development standards. If a variance is required for a proposal, it
shall be approved by the Pplanning and Eenvironmental Ceommission pursuant
to Cehapter 17 of this Title before an application is made in accordance with
this Section. The applicant must obtain a building permit within one year of
final Pplanning and Eenvironmental Ceommission approval or the approval for
additional GRFA shall be voided.
E. Procedure:
1. Application; Content.• Application shall be made on forms provided by the
Ddepartment of Ceommunity Ddevelopment. If the property is owned in common
(condominium association) or jointly with other property owners such as
driveways or C parcels in duplex subdivisions, by way of example, and not
limitation, the written approval of the other property owner, owners or
applicable owners' association shall be required. This can be either in the form
of a letter of approval or signature on the application. The application shall also
include:
a. A fee pursuant to the current schedule shall be required with the application.
b. Information and plans as set forth and required by Subsection 12-11-4C of
this Title.
c. Any other applicable information required by the Dblepartment of Ceommunity
' Ddevelopment to satisfy the criteria outlined in this Ssection.
• 2. Hearing Set; Notice: Upon receipt of a completed application for additional
GRFA, the Ddesign Review Bboard shall set a date for a hearing in accordance
with Subsection 12-11-4C2 of this Title. The hearing shall be conducted in
• accordance with Subsections 12-11-4C2 and C3 of this Title.
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34: Compliance Required: If the Ddepartment of Ceommunity Ddevelopment staff
determines that the site for which additional GRFA is applied for pursuant to this
Ssection does not comply with minimum Town landscaping or site standards as
provided herein, the applicant will be required to bring the site into compliance
with such standards before any such temporary or permanent certificate of
occupancy will be issued for the additional GRFA added to the site. Before any
building permit is issued, the applicant shall submit appropriate plans and
materials indicating how the site will be brought into compliance with said
Town minimum standards, which plans and materials shall be reviewed by and
• approved by the Ddepartment of Ceommunity Ddevelopment.
104
I
B
• 43. Building Permit: Upon receiving the necessary approvals pursuant to this
Ssection, the applicant shall proceed with the securing of a building permit prior
to beginning the construction of additional GRFA.
Section 38. Chapter 12-16 is hereby amended as follows:
12-16-2: APPLICATION; CONTENTS:
G. A list of the owner or owners of record of the properties adjacent to the
subject property which is subject of the hearing. Provided, however, notification
of owners within a condominium project shall be satisfied by notifying the
managing agent, or the registered agent of the condominium project, or any
member of the board of directors of a condominium association. The list of
owners, managing agent of the condominium project, registered agent or
members of the board of directors, as appropriate, shall include the names of the
' individuals, their mailing addresses, and the general description of the property
owned or managed by each. Accompanying the list shall be stamped, addressed
envelopes to each individual or agent to be notified to be used for the mailing of
the notice of hearing. It will be the applicant's appt~;;.:.~~,~~ responsibility to
provide this information and stamped, addressed envelopes. Notice to the
adjacent property owners shall be mailed
first class, postage prepaid.
12-16-3: FEE:
The Ttown Ceouncil shall set a conditional use permit fee schedule sufficient to
• cover the cost of Ttown staff time and other expenses incidental to the review of
the application. The fee shall be paid at the time of the application, and shall not
be refundable.
IZ-16-4: HEARING:
Upon receipt of a conditional use permit application, the Ppdanning and
Eenvironmental Ceommission shall set a date for hearing in accordance with
S9ubsection 12-3-6C, "N~rotice'; of this Ttitle, shall be given, and the hearing
shall be conducted in accordance with Seubsections 12-3-6C and D of this
Ttitle.
12-16-5: PLANNING AND ENVIRONMENTAL COMMISSIONACTION.•
A. Possible Range Of
Action: Within thirty (30) days of the application for a
public hearing on a conditional use permit, the Pplanning and Eenvironmental
Ceommission shall act on the application. The Ceommission may approve the
application as submitted or may approve the application subject to such
modifications or conditions as it deems necessary to accomplish the purposes of
this Title, or the Ceommission may deny the application. A conditional use
permit may be revocable, may be granted for a limited time period, or may be
granted subject to such other conditions as the commission may prescribe.
Conditions may include, but shall not be limited to, requiring special setbacks,
open spaces, fences or walls, landscaping or screening, and street dedication and
improvement; regulation of vehicular access and parking, signs, illumination,
and hours and methods of operation; control of
potential nuisances; prescription
• of standards for maintenance of buildings and grounds; and prescription of
development schedules.
ios
• 12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit
application, the Pplanning and Eenvironmental Ceommission shall consider the
following factors with respect to the proposed use:
6. The Eenvironmental Ilmpact Report concerning the proposed use, if an
Eenvironmental I~mpaet R~^eport is required by Cehapter 12 of this Title.
B. Necessary Findings: The Pplanning and Eenvironmental Ceommission
shall make the following
findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of
this Title and the purposes of the zone district in which the site is located.
12-16 7.• USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall
be in addition to the criteria and findings required by Seection 12-16-6 of this
Cehapter.
A. Uses And Criteria:
c. The number, size and location of vehicles permitted to be stored shall be
determined by the Pplanning and Eenvironmental Ceommission based on the
adequacy of the site for vehicle storage. Consideration shall be given to the
adequacy of landscaping and other screening methods to prevent impacts to
adjacentproperties and other commercial and/or residential uses.
10. Home Child Daycare Facility:
b. A state of Colorado license is required to operate a childcare home and a
• current copy of the license shall be kept on file in the T#own of Yail Ceommunity
Ddevelopment Ddepartment.
d. The proposed coordinated mixed use development containing the single family
and/or two family residential dwellings is consistent with the intent and
objectives of the Lionshead Redevelopment Mtnaster Pplan.
Section 39. Chapter 12-17 is hereby amended as follows:
12-17-1: PURPOSE:
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district, including
lot area and site dimensions, setbacks, distances between buildings, height,
density control, building bulk control, site coverage, usable open space,
landscaping and site development, and parking and loading requirements; or
with respect to the provisions of Cehapter I1 of this Title, governing physical
development on a site.
C. Use Regulations Not A,
fJected: The power to grant variances does not
extend to the use regulations prescribed for each zone district because the
flexibility necessary to avoid results inconsistent with the objectives of this Title
is provided by Cehapter 16, "Conditional Use Permits'; and by Section 12-3-7,
"Amendment" of this Title.
12-17-2: APPLICATIONINFORMATIONREQUIRED:
• Application for a variance shall be made upon a form provided by the
Administrator. The application shall be supported by documents, maps, plans,
and other material containing the following information:
106
B
i E. Such additional material as the Administrator may prescribe or the
applicant may submit pertinent to the application and to the findings prerequisite
to the issuance of a variance as prescribed in Section 12-17-6 of this Cehapter.
12-17-3: FEE.•
The Ttown Ceouncil shall set a variance fee schedule sufficient to cover the cost
of Town staff time and other expenses incidental to the review of the application.
The fee shall be paid at the time of application, and shall not be refundable.
12-17-4: HEARING:
Upon receipt of a variance application, the Pplanning and Eenvironmental
Ceommission shall set a date for hearing in accordance with Subsection 12-3-
6B of this Title. Notice shall be given, and the hearing shall be conducted in
accordance with Ssubsections 12-3-6C and D of this T#itle.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSIONACTION.•
Within twenty (20) days of the closing of a public hearing on a variance
application, the Pplanning and Eenvironmental Ceommission shall act on the
application. The Ceommission may approve the application as submitted or may
approve the application subject to such mod cations or conditions as it deems
necessary to accomplish the purposes of this Title, or the Ceommission may
deny the application. A variance may be revocable, may be granted for a limited
time period, or may be granted subject to such other conditions as the
Ceommission may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the
Pplanning and Eenvironmental Ceommission shall consider the following factors
with respect to the requested variance:
B. Necessary Findings: The P~?lanning and Eenvironmental Ceommission
shall make the following
findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of this Title.
b. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same Zone district.
Section 40. Chapter 12-18 is hereby amended as follows:
12-18-3: SITES:
Sites lawfully established pursuant to regulations in effect prior to the effective
date hereof which do not conform to the minimum lot area and dimension
ion
b
• requirements prescribed by this Title for the zone district in which they are
situated may be continued and shall be deemed legally established building sites,
subject to the site development standards prescribed by this Title. No such site
shall be further reduced in area or dimensions.
12-18-4: USES•
The use of a site or structure lawfully established prior to the effective date
hereof which does not conform to the use regulations prescribed by this Title for
the zone district in which it is situated may be continued, provided that no such
nonconforming use shall be enlarged ~to occupy a greater site area or building
floor area than it occupied on the effective date hereof. Any subsequent reduction
in site area or floor area occupied by a nonconforming use shall be deemed a
new limitation, and the use shall not thereafter be enlarged to occupy a greater
site area or floor area than such new limitation.
12-18-5: STRUCTUREAND SITEIMPROVEMENT.•
Structures and site improvements lawfully established prior to the effective date
hereof which do not conform to the development standards prescribed by this
Title for the zone district in which they are situated may be continued. Such
structures or site improvements may be enlarged only in accordance with the
following limitations:
12-18-7.• DISCONTINUANCE:
Any nonconforming use which is discontinued for a period of twelve (12) months,
• regardless of any intent to resume operation of use, shall not be resumed
thereafter, and any future use of the site or structures thereon shall conform to
~a~rt# the provisions of this Title.
12-18-8: CHANGE OF USE.'
A nonconforming use shall not be changed to another nonconforming use unless
permission has been granted by the Town Ceouncil. Prior to granting such
permission, the Ceouncil shall determine that the proposed use does not
substantially differ from the existing nonconforming use in terms of compatibility
with the character of the area in which it is located, and the council shall
determine that the proposed use does not increase or aggravate the degree of
nonconformity existing prior to any such change of use.
12-18-9: RESTORATION.•
Whenever a nonconforming use which does not conform with the regulations for
the zone district in which it is located, or a nonconforming structure or site
improvement which does not conform with the requirements for setbacks, height,
density control, building bulk control or site coverage is destroyed by fire or
other calamity, by act of God or by the public enemy, its use may be resumed or
the structure may be restored, provided the restoration is commenced within one
year and diligently pursued to completion. All new construction must conform to
the applicable adopted building codes, fire codes and other relevant codes
regarding safety and construction which are in effect at the time rebuilding is
proposed.
Section 41. Section 12-19-2 is hereb amended as follows:
Y
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tl
12-19-2: DEFINITIONS.•
SITE SPECIFIC DEVELOPMENT PLAN.• Shall mean and be limited to a final
major or minor subdivision plat, or a Special Development Districtl
~leve,'c,~.~, ~ ~ development plan.
Section 42. Section 12-20-3 is hereby amended as follows:
12-20-3: DESIGNATED ON OFFICIAL ZONING MAP:
The zone ~~,?~y~g districts imposed on an annexed area shall be shown on a map
which shall become an addition to the Official Zoning Map adopted by Section
12-5-1 of this Title.
Section 43. Section 12-21-3 is hereby amended as follows:
12-21-3: MASTER HAZARD PLANS.•
The Town Manager shall formulate and develop Mmaster Hazard Pplans for
the Town. Said Hazard Pplans shall be based on engineering studies and shall
indicate the location of known flood plains, avalanche and geological hazard
zones of influence, known red and blue avalanche and geological hazard areas,
and forty percent (40%) slope areas. In addition, the plans may show any other
information or data deemed to be desirable by the Town Manager. Maximum
citizen participation during the formulation of the Mmaster Hazard Flans as
• well as other phases of the information implementation of the hazard studies and
regulations; shall be encouraged. The purpose of the Mmaster Hazard Flans
is to identify and alleviate present and future problems created by the
construction of improvements in the hazard areas within the Town by means of
presenting in an orderly fashion the general data and information which are
essential to the understanding of the relationship between the hazards and
improvements located within said areas. The Mmaster II#azard Pplans may be
altered from time to time to conform to # new information or existing
conditions.
Section 44. Section 12-21-10 is hereby amended as follows:
12-21-10: DEVELOPMENT RESTRICTED:
D. The Administrator may require any applicant or person desiring to build
in an identified blue avalanche hazard zone to submit additional information or
reports as to whether or not improvements are required to mitigate ~ the
possible hazard. If mitigation is required, said information and report should
specify the improvements proposed ~terefer~e in the blue avalanche hazard zone.
The required information and reports shall be done in accordance with Chapter
12 of this Title.
Section 45. Section 12-21-14 is hereby amended as follows:
• 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
]09
E
• Slope is the gradient or configuration of the undisturbed land surface prior to
site improvement of a lot, site, or parcel which shall be established by
measuring the maximum number of
feet in elevation gained or lost over each
ten feet (10) or fraction thereof measured horizontally in any direction between
opposing lot lines; the relationship of elevation or vertical measure as divided
by the horizontal measurement shall be expressed as a percentile as a means of
quantifying the term "slope' : In determination of "slope" as defined herein,
for use in establishing buildable area requirements and maximum floor area
ratio limitations on existing and proposed lots, a grid system based on ten foot
(10) modules shall be superimposed on a topographic map of the subject
property and the lot slope determination established by the defined method for
each one hundred (100) square feet grid portion of the tract, tot or portion
thereof.
The following additional special restrictions or requirements shall apply to
development on any lot in a Hillside Residential, Single-Family Residential,
Two-Family Residential or Two-Family Primary/Secondary Residential hie
1"E f :'t:~i+~el4tif~l 9
l n, ;e, ~ e ~ : , gene Ddistrict where the average slope of the site
beneath the existing or proposed structure and parking area is in excess of thirty
percent (30%):
I. The Aadministrator may require an Eenvironmental limpact Rgeport as
provided in S~eetion 12-12-2 of this Ttitle.
• K. Setbacks, as they apply to this Cehapter, as required by Sgections 12-6A-
6, 12-6B-6, 12-6C-6 and 12-6D-6 of this Ttitle, are amended as follows: there
shall be no required front setback for garages, except as may be required by the
Ds~esign Rgeview Bboard. Garages located in the front setback, as provided for
in this Ssection, shall be limited to one story in height (not to exceed 10 feet) with
the addition of a pitched or flat roof and subject to review and approval by the
Ddesign Review Bboard.
L. Retaining walls up to six feet (6) in height may be permitted in the
setback by the Ddesign Review Bboard when associated with a permitted
garage as referenced in Ssubsection K of this Ssection.
Section 46. Section 12-21-15 is hereby amended as follows:
12-21-1 S.• RESTRICTIONSIN GEOLOGICALLY SENSITIVE AREAS.•
B. Investigation:
2. The extent of the site-specific ecologic investigation required shall be
determined by the geologist or engineer who is responsible for the investigation;
however, the investigation shall be of sufficient thoroughness and accuracy to
allow such expert to cert~ to the following:
a. For all structures other than single family and two famil's-E awl
r9~~ dwellings, and "accessory uses" thereto as def ned in Section
12-6C-4 of this Code:
b. For single
family and two famil'~~ dwellings,
• and "accessory uses" thereto as defined in Section 12-6C-4 of this Title, the site-
specificgeologic investigation shall certify to the following.•
iio
• C. Development Plan Or Building Permit: Following the completion of the
site-specific geological investigation and its review by the Department of
Community Development, a development plan may be approved or a building
permit may be issued as follows:
1. For all structures other than single family and two
family;-~arp~-ate
p~~,ts~ dwellings, and "accessory uses" thereto as defined in Section
12-6C-4 of this Title.
2. For single family and two famil , dwellings,
and "accessory uses" thereto as defined in Section 12-6C-4 of this Title:
F. Notice Requirements 4. All owners, lessens lessees or agents who rent,
lease or sublet any structure or premises within an area of geologic sensitivity
shall provide the tenant, lessee or subtenant with written notice that said
property is located within said area prior to any lease being entered into or
occupancy, whichever occurs first, if said rental lease or sublease will extend
into the period of
April l through July 1 of any year.
Section 47. Section 12-22-2 is hereby amended as follows:
12-22-2: DEFINITIONS
STRUCTURE: For the purposes of this Chapter, a~4nything permanently
constructed or erected with a fried location including, but not limited to, new
buildings, building expansions, decks, mechanical equipment, vents, ducts,
satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or
• any similar object.
Section 48. Section 12-22-5 is hereby amended as follows:
12-22-5: AMENDMENTS:
An amendment of the regulations of this Cehapter, including a request to add a
new view corridor, delete an existing view corridor, or amend the boundary of an
existing view corridor, may be initiated by the Ttown Ceouncil on its own
motion, by the Pplanning and Eenvironmental Ceommission on its own motion,
or by application of any resident or property owner in the Town, or by the
Administrator or his/her designee.
A. Application Information For Amendments: An application for the
amendment of the provisions of this Cehapter including the addition of a new
view corridor, the deletion of an existing view corridor or an amendment to the
boundary of an existing view corridor shall be filed with the Ddepartment of
Coommunity Ddevelopment on a form to be prescribed by the Aadministrator.
The application shall include the following information:
C. Criteria For Amendments: The Town Council shall only approve an
amendment to this Chapter adding a new view corridor, deleting an existing view
corridor, or amending the boundary of an existing view corridor if the
amendment complies with the policies and goals of the applicable elements of the
Vail Land Use Plan, Town policies, and Urban Daresign Gguide Pplans and
other adopted master plans, and meets all of the following criteria:
• Section 49. Section 12-22-6 is hereby amended as follows:
rir
• 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS:
An application for approval to encroach into an existing view corridor may be
initiated by the Town Council on its own motion, by the Planning and
Environmental Commission on its own motion, or by application of any resident
or property owner in the Town, or by the Administrator orhis/her designee.
C. Criteria For Encroachment: No encroachment into an existing view
corridor shall be permitted unless the applicant demonstrates by clear and
convincing evidence that the encroachment meets all of the following criteria:
4. That the development proposed by the applicant complies with applicable
elements of the Yail Land Use Plan, Town policies, Urban Ddesign Gguide
Pplans, and other adapted master plans.
Section 50. Section 12-22-7 is hereby amended as follows:
12-22-7: NONCONFORMING STRUCTURES:
D. Restoration: Whenever a nonconforming structure which does not conform to
# the provisions of this Chapter is destroyed by fire or other calamity, by act
of God, or by the public enemy, its use may be resumed or the structure may be
restored, provided the restoration is commenced within one year and diligently
pursued to completion. The structure after such restoration shall not encroach
into a view corridor to a greater extent in any dimension or configuration,
specifically height, width, or mass, than the encroachment which existed prior to
destruction.
•
Section 51. Section 13-2-2 is hereby amended as follows:
13-2-2: DEFINITIONS.•
When used in this Title, the following words and phrases shall have the specific
meanings as defined in this Cehapter:
ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets,
shall mean written acceptance of the road or street by the Town Eengineer as
per the design standards (Cehapter 10 of this Title).
ADMINISTRATOR: The Asdministrator of the Ddepartment of Ceommunity
Ddevelopment or his/her designee.
AS
BUILT PLAN: The final development plan that reflects the constructed
subdivision.
BIKE PATH: A corridor for use by bicycles and pedestrians, prohibited for use
by motorized vehicle
BUILDING CONNECTION SEWER: A sewer within a public street or right of
way, proposed to connect any parcel, lot, or part of a lot with a main line sewer.
BUILDING SEWER: A sewer, wholly within private property, proposed to
. connect any building to a building connection.
it
it2
• BYLAWS: Shall refer to the bylaws of the unit owners' association or
corporation.
COMMUNITY APARTMENT: A development in which there is an undivided
interest in the land coupled with the right of exclusive occupancy of an
apartment located therein. Community apartments shall be subject to the same
restrictions and conditions set forth in this Title for condominium units.
CONDOMINIUM CONVERSION: The development or use of the land and
existing structures as a condominium project regardless of the present or prior
use of such lands and structures, and regardless of whether substantial
improvements have been made to such structures.
CONDOMINIUM PROJECT: The entire parcel of real property, including all
structures thereon, to be divided into two (2) or more units for the purpose of
constructing or converting existing structures to condominium units
CONDOMINIUM UNIT: An individual air space unit together with the
interest in the common elements appurtenant to such unix
CONTRACTOR: The individual, partnership, corporation, joint venture, or
other legal entity performing the work. In the case of work being performed
under permit issued by the Town, the permittee shall be construed to be the
contractor.
• CULVERT: A ditch, drain or conduit, not incorporated in a closed system, that
carries drainage water under a driveway, roadway, railroad, pedestrian walk or
public way, or other type of overhead structure
DAYS: Consecutive calendar days, unless otherwise specified.
DECLARATION.• An instrument recorded pursuant to the statutes of the State
~ and which defines the character, duration, rights, obligations, and limitations
of condominium ownership. The declaration shall include all restrictions,
limitations and specifications which may be required by the Planning and
Environmental Commission or Town Council, including provisions relative to
time-sharing estates, licenses or fractional fees; and the procedure for
amendments of the declaration which requires approval of the Town.
DEDICATION.• A grant by the owner of a right to use land to the public in
general, involving a legally recorded transfer of property rights, and an
acceptance of the dedicated property by the Town.
DRAINAGE: Surface water runoff or the removal of surface water or
groundwater from land by drains, grading or other means, which include
runoff controls to minimize erosion and sedimentation during and after
construction or development
EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at least one
• person who is an employee in Eagle County.
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0
ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of
proposed development or action on the environment, as further regulated by
Chapter 12-12, Environmental Impact Report
FINAL APPROVAL: Approval by the Pplanning and Eenvironmental
Ceommission of the final plat or approval of the council if appealed. Planning
and Eenvironmental Ceommission final approval does not take place until eleven
(11) days after the Pplanning and Eenvironmental Ceommission decision on the
final plat, if the Ceouncil does not appeal.
INDIVIDUAL AIR SPACE UNIT: Consists of any enclosed room or rooms
occupying al! or part of a floor or floors of a building of one or more floors to
be used for residential, professional, commercial or industrial purposes, which
has access to a public street
INSPECTOR: An authorized representative of the Public Works Director,
assigned to make any or all necessary inspections of materials furnished and
work performed by the contractor.
MODERATE INCOME: Shalt be as defined from time to time by the Town
Councik
PLANS: The drawings, profcles, cross sections, working drawings, and
supplemental drawings, or reproductions thereof, approved by the Town
• Engineer or Building Official, which show the location, character, dimensions,
or details of the wor1~
PRELIMINARY PLAN.• The preliminary drawings described in these regulations
indicating the proposed manner or layout of the subdivision to be submitted to
the Pplanning and Eenvironmental Ceommission for approval.
PRIVATE CONTRACT: Work subject to Town inspection, control, and
approval, involving private funds, not administered by the Town.
REFERENCE SPECIFICATIONS: Those bulletins, standards, rules, methods
of analysis or tests, codes and specifications of other agencies, engineering
societies, or industrial associations referred to in the contract documents
These refer to the latest edition, including amendments in effect and published
at the time of advertising the project or issuing the permit, unless specifically
referred to by edition, volume, or date.
SERVICE CONNECTION: Att or any portion of the conduit, cable, or duct,
including meter, between a utility distribution tine and an individual consumer.
SEWER: Any conduit intended for the reception and transmission of sewage
and fluid industrial waste.
SOIL STABILITY ANALYSIS: A study conducted to determine the status of
• the soil on a property.
iia
B
• SPECIAL PROVISIONS: Any written provisions which supplement or modify
these specifications
SPECIFICATIONS: Standard specifications, reference specifications, special
provisions, and specifcations in supplemental agreements between the
contractor and the Town.
STANDARD PLANS: Details of standard structures, devices, or instructions
referred to on the plans or in specifications by title or number.
STORM SEWER: Any conduit and appurtenances intended for the reception
and transfer of storm water.
SUBDIVISION OR SUBDIVIDED LAND:
C. Compliance.• No subdivision shall be approved which includes elements not
in conformance with the provisions of any applicable zoning ordinance or
other ordinance of the Town or law or regulations of the state.
F. Single-Family Subdivision: A subdivision of an existing lot, which is
recognized by the Ttown of Vail as a legally subdivided lot, and which shall
contain a single family or ~~s+~ two family de+'s; dwelling
•trnrts. Each such dwelling unit shall be separated from any other dwelling u~ by
space on all sides. For zoning purposes, the lots created by a single family
subdivision shall be treated as one lot.
• SUPERINTENDENT: The executive representative for the contractor present
on the work at all times, authorized to receive and fulfill instructions from the
Town Engineer and capable of superintending the work efficiently.
SUPERVISION: Where used to indicate supervision by the Engineer, shall
mean the performance of obligations, and the exercise of rights, specifically
imposed upan and granted to the Town in becoming a party to the contract:
Except as specifically stated herein, supervision by the Town shalt not mean
active and direct superintendence of details of the work.
SURETY: Any individual, firm or corporation, bound with and for the
contractor for the acceptable performance, execution, and completion of the
work, and
for the satisfaction of al! obligations incurred
TOWN: The Town of Vail, County of Eagle, State of Colorado.
UTILITY: Tracks, overhead or underground wires, pipe lines, conduits,
ditches, ducts or structures, sewers or storm drains owned, operated, or
maintained in or across a public right of way or private easement:
WORE: That which is proposed to be constructed or done under the contract
or permit, including the furnishing of all labor materials, supervision, tools
and equipment
. Section 52. Section 13-3-3 is hereby amended as follows:
its
B
13-3-3: PRELIMINARY PLAN:
B. Submittal Requirements: At least thirty (30) days prior to the preliminary
plan presentation to the Planning and Environmental Commission, the subdivider
shall subnut at a scale of one inch equals one hundred feet (1 " = 100') or larger,
twelve (12) copies of each of the following (exceptions can be granted on
individual items by the Director of Public Works or the Administrator) to the
Department of Community Development:
1. The Eenvironmental Ilmpact Report required.
Section 53. Section 13-3-4 is hereby amended as follows:
13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND
NECESSARY FINDINGS:
The Planning and Environmental Commission shall conduct a public hearing
on an application for a Preliminary Plan for Subdivision. The Planning and
Environmental Commission shall consider the application, relevant additional
materials, Staff report and recommendations as well as any other comments or
public information given at the hearing. The Planning and Environmental
Commission may discuss advisable changes to the proposed subdivision with
the applicant The burden ofproof shall rest with the applicant to show that the
application is in compliance with the intent and purposes of this Chapter, the
Zoning Ordinance and other pertinent regulations that the Planning and
• Environmental Commission deems applicable. Due consideration shall be given
to the recommendations made by public agencies, utility companies and other
agencies consulted under Ssubsection 13-3-3C above. ~'he-~n~'r~+kd-
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°B~3i~~,'~fits°--~'? r~:grr'~-~eW14 ~s.:.'^~ei~e9 1•~'b t.: J3[~,i~~.,i~Jl,`s~4--e9i4~1°'9~
, 'LY diL~~'i'/~::
Xi,:i~~`~, B:!
A. Before recommending approval, approval with conditions or disapproval of
the Preliminary Plan, the Planning and Environmental Commission shall
consider the following criteria with respect to the proposed subdivision:
(1) The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
mail Comprehensive Plan and is compatible with the development objectives of
the town; and
(2) The extent to which the proposed subdivision complies with all of the
standards of this Title, as well as, but not limited to, Title 12, Zoning
Regulations and other pertinent regulations that the Planning and
Environmental Commission deems applicable; and
(3) The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
• development objectives; and
116
B
• (4) The extent of the effects en the future development of the surrounding
area; and
(S) The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of
public
services, or require duplication or premature extension of public facilities, or
result in a "leapfrog"pattern of development; and
(6) The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
under-sized lines; and
(7) The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
(8) The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
(9) Such other factors and criteria as the Commission and/or Council deem
applicable to the proposed subdivision.
• B. Necessary Findings: Before recommending and/or granting an approval of
an application for a major subdivision, the Planning and Environmental
Commission shall make the following findings with respect to the proposed
major subdivision:
(1) That the subdivision is in compliance with the criteria listed in Subsection
13-3-4A of this Title.
(2) That the subdivision is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the Town; and
(3) That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
(4) That the subdivision promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.
Section 54. Section 13-3-6 is hereby amended as follows:
13-3-6: FINAL PLAT:
B. Requirements And Procedure:
1. Copies Required: The subdivider shall submit eight (8) copies of the final plat,
two (2) or more of which shall be mylars, twelve (12) copies of the final
Eenvironmental Impact Report and any additional material as required by
• Suubsection B3 herein. The final plat shall substantially conform to the
preliminary plan and shall include changes as required after consideration on a
I
~t~ I
0
• preliminary basis by the Planning and Environmental Commission. If it does not
substantially conform to the preluninary plan and include any revisions required
by Planning and Environmental Commission, it shall be required to go back
through preliminary plan procedures. Within thirty (30) days of receiving the
complete and c,,..:..,~ submittal for a final plat, the Planning and Environmental
Commission shall hold a public hearing to consider the final plat. The
Administrator shall cause a copy of a notice of the time, place and general nature
of the hearing and proposal to be published in a newspaper of general circulation
in the Town at least fifteen (15) days prior to said hearing. Also, adjacent
property owners to the proposed subdivision shall be notified in writing at least
seven (7) days prior to the public hearing.
3. Final Plat And Supplementary Material; Contents: The final plat and
supplementary material shall contain the following information:
q. Additional material which shall accompany the final plat includes, but is not
limited to:
(1) Complete and final Eenvironmental Impact IZ~eport if required by the
Zoning Ordinance.
Section 55. Section 13-3-10 is hereby amended as follows:
13-3-10: TOWN COUNCIL RIGHT TO APPEAL:
Within twenty (20) ~e~-{~9~? days the decision of the Planning and Environmental .
Commission on the final plat shall be transmitted to the Council by the staff`.' The
• Council may appeal the decision of the Planning and Environmental Commission
within twenty (20) tai ;~8) days of the Planning and Environmental
Commission's action. If Council appeals the Planning and Environmental
Commission decision, the Council shall hear substantially the same presentation
by the applicant as was heard at the Planning and Environmental Commission
hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm
with modifications the Planning and Environmental Commission decision, and
the Council shall conduct the appeal at a regularly scheduled Council meeting.
Section 56. Section 13-3-13 is hereby amended as follows:
13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE:
After final approval and acceptance of dedications (or payment in lieu thereof),
applicable site improvement permits may be issued by the Department of
Community Development and the Department of Public Works. The developer
may proceed with such additional requirements, permits or authorizations as may
be required by this Title or regulations of the Town. No permits shall be granted
or authorization to proceed in the event final approval is not granted or the
provisions of Section 13-3-11 of this Chapter are not satisfied. No permits shall
be issued, or said permits may be withdrawn, if any project proceeds or attempts
to proceed not in conformance with either the approved Eenvironmental Impact
Report or the final plat and associated material as approved.
• Section 57. Section 13-4-1 is hereby amended as follows:
ins
e
• 13-4-1: EXEMr 1, IONS IN PROCEDURE AND SUBM1,1, i ALS:
"Minor subdivisions", as defined in Section 13-2-2 of this Title, shall be exempt
from requirements related to preliminary plan procedures and submittals. Minor
subdivisions may be required to submit an Eenvironmental Impact Report if
required by Title 12, Chapter 12 of this Code.
Section 58. Section 13-4-2 is hereby amended as follows:
13-4-2: PROCEDURE:
The procedure for a minor subdivision shall be as follows:
A. Submission Of
Proposal; Waiver OjRequirements.• The subdivider shall submit two (2) copies of
the proposal following the requirements for a final plat in Subsection 13-3-6B of this Title, with the
provision that certain of these requirements may be waived by the Administrator and/or the Planning and
Environmental Commission if determined not applicable to the project.
B. PEC Public Hearing: ~'le ~~,~y?~
.be~~.; . 1~• i:st~~er~e
- f~~-tl~e-lresga~
i~;l !3•- Within thirty (30) days of receiving
the complete and correct submittal for a minor subdivision, the Planning and
Environmental Commission shall hold a public hearing to consider the final
plat: The Administrator shall cause a copy of a notice of the time, place and
• general nature of the hearing and proposal to be published in a newspaper of
general circulation in the Town at least fifteen (1 S) days prior to said hearing.
Also, adjacent property owners to the proposed subdivision shall be notified in
writing at least seven (7) days prior to the public hearing.
C. Review And Action On Plat: The Planning and Environmental
Commission shall review the plat and associated materials and shall approve,
approve with modifications or disapprove the plat within twenty one (21) days of
the first public hearing on the minor subdivision or the minor subdivision will be
deemed approved. A longer time period for rendering a decision may be granted
subject to mutual agreement between the Planning and Environmental
Commission and subdivider. The review shall be based on the criteria and
necessary findings in Section 13-3-4 of this Title.
• ~ ,
r
D. Appeal: A3i n~l~~~~~t~Y~t~,11~;,! i.ii,sii,~.,.~era~r~EE~9i914
~ti1:3 Within twenty (20) days the decision of the Planning and
Environmental Commission on the final plat shall be transmitted to the
Council by the staff. The Council may call up the decision of the Planning and
Environmental Commission within twenty (20) days of the Planning and
Environmental Commission's action. If Council appeals the Planning and
Environmental Commission decision, the Council shall hear substantially the
same presentation by the applicant as was heard at the Planning and
Environmental Commission hearing(s). The Council shall have thirty (30) days
to affirm, reverse, or affirm with modifications the Planning and
119
e
• Environmental Commission decision, and the Council shall conduct the appeal
at a regularly scheduled Council meeting.
Section 59. Section 13-6-1 is hereby amended as follows:
13-6-1: PLATAPPROVAL PROCEDURE.•
A. General Qualifications: Condominium and townhouse plats which do
not constitute "conversions"from rental as defined in Section 13-7-2 of this Title
may be approved by the Administrator, subject to Department of Public Works
review. The plat will be reviewed under two (2) general criteria:
1. Per Approved Plan: Administrator will check to make sure the buildin s and
g
other improvements were built as per approved plan by the Design Review Board
of the Town for consistency with the Zoning Code and other applicable
regulations.
2. Compliance: The Administrator ~ew>~-£rl~rleer will review the survey data
for compliance with requirements found in Soubsection 13-6-IB of this Chapter.
z ' ' 3~'
B. Plat Submittal Requirements: The condominium or townhouse plat and
supplementary material shall contain the following: a
r~.z a-.,~r„ rrrap
~~~ti'E, a ~911b i `rrY't14--~42~id~'L x'ubfi°E-B~-t~4e oti~'/4Ele-
~;a ~'9~'i•ixl•C.l~-EI£l,~,i trl~ ,;'t14~:" 9';."11,'~
a~ if t od1~l~, ..s ~..,:'-p~s..4ise
~f~____~~..nn~~..~~~.,su,~~..__ ~t..yL 6rJ 9ft, ~5;., :'i;G~:..ei.:8t i~
sv~T'7Lir~G11Qt L L i'17 Ll~ a'V x'~I'L r-JIC J 11'
6~J... ~e lv pr~sp~-i~j+
@9i'94+Bi°3 %dil:.'4-+~i'9~'/42ff 'i7,'~-~1 ~~urn'ar'L i=3 t~
y,~ :~&E a'r'1~
J`~ •Ii L1'~L16
~1 ..i I 1
~ oy r~ LEit4~-9i, ~ . _-.~lr~lt ~ l S i
'i'/4E~blfi~i. :7 E"E'~ti't!E~i4.~ 1:;-~~il 8,~ :~~ss~a"-ms's-ecic~ 3;I t~':J t~'Qt f91°
~{~14H4i'S'~r,a',w,r ulSYr~uti fl'~:
(1) The final plat shall be drawn in India ink, or other substantial solution, on
a reproducible medium (preferably mylar) with dimensions of twenty four
inches by thirty six inches (24" x 36') and shall be at a scale of one hundred
feet to one inch (100' to 1') or larger with margins of one and one-half to two
inches (1%"to 2') on the left and one-half inch (l/2') on all other sides.
(2) Accurate dimensions to the nearest one-hundredth (O.OI) of a foot for all
lines, angles and curves used to describe boundaries, streets, setbacks, alleys,
easements, structures, areas to be reserved or dedicated for public or common
uses and other important features All curves shall be circular arcs and shall be
• defined by the radius, central angle, arc chord distances and bearings. Al!
dimensions, both linear and angular, are to be determined by an accurate
120
6
• control survey in the field which must balance and close within a limit of one
in ten thousand (10,000).
(3)North arrow and graphic scale.
(4)A systematic identification of all existing and proposed buildings, units, lots,
blocks, and names for al! streets.
(S)An identification of the streets, alleys, parks, and other public areas or
facilities as shown on the plat, and a dedication thereof to the public use. An
identification of the easements as shown on the plat and a grant thereof to the
public use. Areas reserved for future public acquisition shall also be shown on
the plat
(6)A written survey description of the area including the total acreage to the
nearest appropriate significant figure. The acreage of each lot or parcel shall
be shown in this manner, as weld
(7)A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision, and a description of all monuments used in
conducting the survey. Monument perimeter per Colorado Statutes Two (2)
perimeter monuments shall be established as major control monuments, the
materials which shall be determined by the Town Engineer.
(8)A statement by the land surveyor explaining how bearing base was
• determined.
(9)The proper plat title format for filing a plat in the Town, as outlined in
Section 13-11-I of this Title.
(10)A certificate by the registered land surveyor as outlined in Chapter 11 of
this Title as to the accuracy of the survey and plat, and that the survey was
performed by him/her in accordance with Colorado Revised Statutes Title 38,
Article 51.
(ll)A certificate by an attorney admitted to practice in the State, or corporate
title insurer, that the owner(s) of record dedicating to the public the public
rights of way, areas or facilities as shown thereon are the owners thereof in fee
simple, free and clear of all liens and encumbrances except as noted. (See
example in Chapter ll of this Title.)
(12)The proper form for filing of the plat with the Eagle County Clerk and
Recorder as per example in Chapter 11 of this Title.
(13)Certificate of dedication and ownership as per example in Chapter 1I of
this Title. Should the certificate of dedication and ownership provide for a
dedication of land or improvement to the public, all beneficiaries of deeds of
trust and mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the fee simple owner
thereof.
•
121
B
. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13-
11-10 of this Title that wiU certify that the entire amount of taxes due and
payable upon al! parcels of real estate described on the plat are paid in full
(15) Floor plans, elevations and cross sections as necessary to accurately
determine individual air spaces and/or other ownerships and if the project
was built substantially the same as the approved plans.
(16) A copy of the condominium documents for staff review to assure that
there are maintenance provisions included for all commonly owned areas.
(17) Building locations must be included and tied to property corners with
distances and angles. All property pins must be found or set and stated as
such on map.
Section 60. Section 13-7-2 is hereby amended as follows:
13-7-2: DEFINTIONS
• EMPLOYEE HOUSING UNIT.• 3~e9i'Elizytoe ti-See.`13;:.~-
' ' ' o;
this-Gecle--A dwelling unit occupied by at least one person who is an
employee in Eagle County.
• Section 61. Section 13-7-6 is hereby amended as follows:
13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM
CONVERSIONS TD EMPLOYEE HOUSING UNITS:
The applicant proposing to make a condominium conversion to employee
housing units shall provide the following documentation with the preliminary
map:
A. Conversion Report Listing Building Conditions: A condominium
conversion report from the Town Bbuilding Os~cial on the condition of the
building, listing all building code violations, fore code violations and related
violations which are detrimental to the health, safety and welfare of the public,
the owners, and the occupants of the building.
B. Required Information: As part of the Fplanning and Eenvironmental
Ceommission's review of a conditional use permit request for conversion to
employee housing units, the following submittal information shall be required: a
report of the proposed conversion that includes a summary of the proposed
ownership of the units; the. approximate proposed sale price of units and
financing arrangements to be provided by the applicant; a written statement
demonstrating compliance with the objectives outlined in the Vail Lland Use
Pplan, with specifcc reference to goal statements 3.1, 3.2 and 3.3; a draft set of
condominium declarations demonstrating compliance with the provisions of this
Title. These declarations will be reviewed again by the Ttown during the
condominium platting process.
C. Plans And Descriptions: Plans and descriptions showing how the
following will be performed:
~ • 1. All site work shall be brought up to current Town standards unless a variance
from those standards ~i~repefi^em is granted to the applicant by the Pplanning and
122
B
• Eenvironmental Ceommission in accordance with the variance procedures of
T#itle 12 of this code. The Planning and Eenvironmental Ceommission may, if it
deems necessary, require additional parking facilities to meet requirements of
owners and guests of the condominium units.
2. Corrections of violations cited in the condominium conversion report by the
Bbuilding O~efficial.
D. Maximum Sales Price:
1. Condominium Declarations: The provisions of this Ssubsection D shall be
incorporated directly into the condominium declarations for any units converted
pursuant to this Cehapter. The T,town shall review and administer these
documents to ensure compliance with these provisions.
2. Listing; Deposit; Sale: In the event that an owner desires to sell the unit, the
owner shall execute a standard listing contract on forms approved by the
Colorado Real Eestate Ceommission with the Town providing for a one
hundred eighty (180) day listing period, or such other time period as required by
the Town of Yail a,
f,~ordable housing guidelines in effect at the time of listing. At
this time, the owner shall deposit with the Town an amount equal to one-half
percent (1/2%) of the estimated value of the unit. The Town shall promptly
advertise the unit for sale by competitive bid to qualified buyers. At the time of
closing, the owner shalt pay to the Town an additional one and one-hadfpercent
(1 1 /2%).
3. Restriction: In no event shall a unit be sold for an amount ("maximum sales
price') in excess of the owner's purchase price, plus an increase of three percent
(3%) of such price per year from the date of purchase to the date of owner's
• notice of intent to sell (prorated at the rate of 0.25 percent for each whole month
for any part of a year).
Nothing herein shall be construed to constitute a representation or guarantee by
the Town that on sale the owner shall obtain the maximum sales price.
4. Determining Maximum Sales Price:
c. In order to qualify as permitted capital improvements, the owner must furnish
to the T#own the following information with respect to the improvements which
the owner seeks to include in the calculation of maximum sales price:
(I) Original or duplicate receipts to verb the actual costs expended by the
owner for the permitted capital improvements;
(2) Owner's af,~idavit verifying that the receipts are valid and correct receipts
tendered at the time of
purchase; and
(3) True and correct copies of any building permit or certificate of occupancy
required to be issued by the Town Bbuilding Ddepartment with respect to the
permitted capital improvements.
d. For the purpose of determining the maximum sales price in accordance with
this Section, the owner may also add to the amount specified in Ssubsections D3
and D4a of this Ssection, the cost of any permanent improvements constructed or
installed as a result of any requirement imposed by any governmental agency, or
homeowners' association, provided that written certification is provided to the
Town of both the applicable requirement and the information required by
Subsections D4c(1) through D4c(3) of this Ssection.
S. Permitted Capitallmprovements:
a. The term 'permitted capital improvements" as used in this Ssection shall only
• include the following:
123
a
• (1) Improvements or fixtures erected, installed or attached as permanent,
functional, non-decorative ~ ~x~~•~•,., a improvements to real property,
excluding repair, replacement and/or maintenance improvements;
c. All permitted capital improvement items and costs shall be approved by the
Town sta~`'prior to being added to the maximum resale price as def:ned herein.
6. Closing Costs, Other Consideration: Owner shall not permit any prospective
buyer to assume any or ald of the owner's customary closing costs nor accept any
other consideration which would cause an increase in the purchase price above
the bid price so as to induce the owner to sell to such prospective buyer.
7. Procedure: In the event that one qual~ed bid is received equal to the
maximum sales price herein established, the property shall be sold to such bidder
at the maximum sales price; and in the event owner receives two (2) or more
such bids equal to the maximum sales price, the qualified buyer shall be selected
according to the priority for lade units set forth in the Town of Yail Eemployee
Housing Gguidelines; and, in the event that all such qualified bidders are of
equal priority pursuant to the guidelines, the qualified buyer shall be selected by
lottery among the qualified buyers, whereupon the unit shall be sold to the
winner of such lottery at the maximum sales price. If the lottery winner does not
proceed to contract within five (S) business days after notification, the next in
line will be notified and so on, until the unit is under contract for purchase.
Backup contracts in the priority order set forth in the lottery will be accepted.
Prospective purchasers must be prequalif ed by a lender prior to submitting a bid
for a unit at the subject property/project. The seller may reject any and all bids,
however, the owner is subject to the provisions in the Town of Yail employee
• housing guidelines pertaining to the listing fee. Bids in excess of the maximum
sales price shall be rejected. If all bids are below maximum sales price, owner
may accept the highest qualified bid. If all bids are below maximum sales price
and two (2) or more bids are for the same price, the qualified buyer shall be
selected by lottery from among the highest qualified bidders.
8. Nonqualified Transferee: In the event that title to the unit vests by descent in
individuals and/or entities who are not qualified buyers as that term is defined
herein (hereinafter "nonqualified transferee(s)'), the unit shall immediately be
listed for sale as provided in Subsection D3 of this Ssection (including the
payment of the specified fee to the Town), and the highest bid Eby a qualified
buyer, for nat less than ninety five percent (95%) of the maximum sales price or
the appraised market value, whichever is less, shall be accepted; if all bids are
below ninety five percent (9S%) of the maximum sales price or the appraised
market value, the unit shall continue to be listed for sale until a bid in
accordance with this Section is made, which bid must be accepted. The cost of
the appraisal shall be paid by the nonqualified transferee(s).
c. The Town, or their respective successors, as applicable, shall have the right
and option to purchase the unit, exercisable within a period of fifteen (1 S)
calendar days after receipt of any sales offer submitted to the Town by a
nonqualified transferee(s), and in the event of exercising their right and option,
shall purchase the unit from the nonqualified transferee(s) for a price of ninety
five percent (9S%) of the maximum sales price, or the appraised market value,
I!, whichever is less. The offer to purchase shall be made by the nonqualified
transferee(s) within fifteen (1 S) days of acquisition of the unit.
• E. Enforcement:
1. In the event that the Town has reasonable cause to believe the owner is
violating the provisions of this Section, the Town, by its authorized
124
B
• representative, may inspect the unit between the hours of eight o'clock (8:00)
A.M. and five o'clock (S: 00) P.M., Monday through Friday, after providing the
owner with no less than twenty four (24) hours' written notice.
2. The Town, in the event a violation of this Cehapter is discovered, shall send a
notice of violation to the owner detailing the nature of the violation and allowing
the owner fifteen (1 S) days to cure. Said notice shall state that the owner may
request a hearing before the Vail Town Ceouncil within fifteen (1 S) days to
determine the merits of the allegations. If no hearing is requested and the
violation is not cured within the fifteen (1 S) day period, the owner shall be
considered in violation of this Section. If a hearing is held before the Vail Town
Ceouncil, the decision of the Town based on the record of such hearing shall be
final for the purpose of determining if a violation has occurred.
If the Town determines that there has been a violation of the occupancy
standards, the owner of the restricted employee housing unit shall be found to be
in noncompliance. Penalties the Town may assess against the owner include
eliminating resale gain (see Subsection D3 of this Section), and/or penalties
found in Section 1-4-1 of this Ceode.
S. In the event that the owner fails to cure any breach, the Town may resort to
any and all available legal action, including, but not limited to, specific
performance of the requirements of this Section or a mandatory injunction
requiring sale of the unit by owner. The costs of such sale shall be taxed against
the proceeds of the sale with the balance being paid to the owner.
6. In the event of a breach of any of the terms or conditions contained herein by
the owner, his or her heirs, successors or assigns, the Town's initial listed
• purchase price of the unit as set forth in this Section shall, upon the date of such
breach as determined by the T#own, automatically cease to increase as set forth
in this Section, and shall remain fixed until the date of cure of said breach.
Section 62. Section 13-7-7 is hereby amended as follows:
13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION
UNITS:
A. No New Conversions Allowed; Exception: There shall not be permitted
any conversion of a lodge or accommodation unit within the Town to a
condominium, except as provided for the provision of employee housing units.
Employee housing units created pursuant to this Cehapter are subject to the
definitions, requirements and provisions of Title 12, Cehapters 13 and 16 of this
Ceode, as amended.
13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO FEBRUARY 7,
1995:
A. Compliance: Any accommodation unit within the Town which has been
converted to a condominium or has received approval for a conversion prior to
the effective date of February 7, 1995, shall comply with the requirements of this
Ssection. The requirements contained in this Ssection shall not apply to
structures or buildings which contain two (2) units or less.
• Section 63. Section 13-8-1 is hereby amended as follows:
13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS.•
125
B
• B. Submittal Requirements:
2. Plat Submittal Requirements: The duplex subdivision plat shall contain the
following:
a. The final plat shall be drawn in India ink, or other substantial solution, on a
reproducible medium (preferably mylar) with dimensions of twenty four inches
by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to
one inch (100' to 1') or larger with margins of one and one-half to two inches
(I%"to 2') on the left and one-half inch (l/2') on all other sides
b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all
lines, angles and curves used to describe boundaries, streets, setbacks, alleys,
easements, structures, areas to be reserved or dedicated for public or common
uses and other important features. All curves shall be circular arcs and shall be
defined by the radius, central angle, arc chord distances and bearings. All
dimensions, both linear and angular, are to be determined by an accurate
control survey in the field which must balance and close within a limit of one
in ten thousand (10,000).
(3)North arrow and graphic scale.
(4)A systematic identification of all existing and proposed buildings, units, lots,
blocks, and names for all streets.
• (S)An identification of the streets, alleys, parks, and other public areas or
facilities as shown on the plat, and a dedication thereof to the public use. An
identification of the easements as shown on the plat and a grant thereof to the
public use. Areas reserved for future public acquisition shall also be shown on
the plat:
(6)A written survey description of the area including the total acreage to the
nearest appropriate significant figure. The acreage of each lot or parcel shall
be shown in this manner, as weld
(7)A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision, and a description of all monuments used in
conducting the survey. Monument perimeter per Colorado Statutes. Two (2)
perimeter monuments shall be established as major control monuments, the
materials which shall be determined by the Town Engineer.
(8)A statement by the land surveyor explaining how bearing base was
determined
(9)The proper plat title format for filing a plat in the Town, as outlined in
Section 13-11-1 of this Title.
(10)A certificate by the registered land surveyor as outlined in Chapter 11 of
this Title as to the accuracy of the survey and plat, and that the survey was
performed by him/her in accordance with Colorado Revised Statutes Title 38,
Article Sl.
• (11)A certificate by an attorney admitted to practice in the State, or corporate
title insurer, that the owner(s) of record dedicating to the public the public
126
• rights of way, areas or facilities as shown thereon are the owners thereof in fee
simple, free and clear of all liens and encumbrances except as noted (See
example in Chapter 11 of this Title.)
(l2)The proper form for filing of the plat with the Eagle County Clerk and
Recorder as per example in Chapter 11 of this Title.
(13)Certificate of dedication and ownership as per example in Chapter ll of
this Title. Should the certificate of dedication and ownership provide for a
dedication of land or improvement to the public, all beneficiaries of deeds of
trust and mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the fee simple owner
thereof.
(14)A certificate by the Treasurer of Eagle County as outlined in Section 13-
II-l0 of this Title that will certify that the entire amount. of taxes due and
payable upon all parcels of real estate described on the plat are paid in full.
(I S) Declarations; Covenants: A copy of the declarations and/or covenants
attached to the subdivision to assure the maintenance of any common areas
which are being created.
C. Procedure: ~ r ~ ~ ~ ~ .here-~+~fah's p c t ~~~~e
-~rt~'~ ~i ri±l~r~i4e-s~ti ~ s, ti.; ~ : ~ ~ ;~9r~
• ~9&3y' !~-Upon receiving two (2) copies of a complete submittal
along with payment of the appropriate fee, the Administrator shall
route one copy of the site map to the Town Engineer for his/her review
The Administrator shalt then conduct his/her review concurrently. The
Town Engineer shall review the submittal and return comments and
notifications to the Administrator who shall transmit the approval,
disapproval or approval with modif cations of the plat within fourteen
(14) days to the applicant The Administrator shall sign the plat if
approved or require modifications on the plat for approval or deny
approval due to inconsistencies with the originally approved plan or
failure to make other required modifications on the plat
Section 64. Section 13-8-2 is hereby amended as follows:
13-8-2: CRITERIA AND NECESSARY FINDINGS
~,~~~~~r .i i; i'~t-,` i s•: ~t; t~ c_ ~:s: i~-eemp~?s x•i~k--~'iE 3~ nrr~g
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o i21 b+-t~fccc. ~~.~~~t dE~ i.'tia ~
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A. The following criteria shall be used by the Administrator in evaluating the
proposed subdivision. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed subdivision 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:
127
• (1) Compliance with all requirements of Title 1Z, Zoning Regulations; and
(Z) Conformity to Design Review Board approved plans; and
(3) Accurateness and integrity of the survey data found on the play
B. Necessary Findings: The Administrator shall find that the Duplex
Subdivision complies with the criteria in Subsection 13-$-ZA of this Article and
that the plat conforms with the requirements of l3-$-1B-2 of this Chapter.
Section 65. Section 13-9-1 is hereby amended as follows:
13-9-1: Approval and Submittal Requirements:
B. Submittal Requirements:
Z. Plat Submittal Requirements: The subdivision plat shall contain the
following:
a. The final plat shall be drawn in India ink, or other substantial solution, on a
reproducible medium (preferably mylar) with dimensions of twenty four inches
by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to
one inch (100' to 1') or larger with margins of one and one-half to two inches
(1%"to 2') on the left and one-half inch (l/Z') on all other sides.
b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all
lines, angles and curves used to describe boundaries, streets, setbacks, alleys,
easements, structures, areas to be reserved or dedicated for public or common
• uses and other important features Al! curves shall be circular arcs and shall be
defined by the radius, central angle, arc chord distances and bearings. All
dimensions, both linear and angular, are to be determined by an accurate
control survey in the field which must balance and close within a limit of one
in ten thousand (10,000).
(3)North arrow and graphic scale.
(4)A systematic identification of all existing and proposed buildings, units, lots,
blocks, and names for all streets.
(S}An identification of the streets, alleys, parks, and other public areas or
facilities as shown on the plat, and a dedication thereof to the public use. An
identification of the easements as shown on the plat and a grant thereof to the
public use. Areas reserved for future public acquisition shall also be shown on
the plax
(6)A written survey description of the area including the total acreage to the
nearest appropriate significant figure. The acreage of each lot or parcel shall
be shown in this manner, as weli
(7)A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision, and a description of all monuments used in
conducting the survey. Monument perimeter per Colorado Statutes. Two (Z)
perimeter monuments shall be established as major control monuments, the
• materials which shall be determined by the Town Engineer.
128
• (8)A statement by the land surveyor explaining how bearing base was
determined
(9)The proper plat title format for filing a plat in the Town, as outlined in
Section 13-11-1 of this Title.
(10)A certificate by the registered land surveyor as outlined in Chapter 11 of
this Title as to the accuracy of the survey and plat, and that the survey was
performed by himJher in accordance with Colorado Revised Statutes Title 38,
Article Sl.
(ll)A certificate by an attorney admitted to practice in the State, or corporate
title insurer, that the owner(s) of record dedicating to the public the public
rights of way, areas or facilities as shown thereon are the owners thereof in fee
simple, free and clear of all liens and encumbrances except as noted (See
example in Chapter Il of this Title.)
(l2)The proper form for filing of the plat with the Eagle County Clerk and
Recorder as per example in Chapter 11 of this Title.
(13)Certificate of dedication and ownership as per example in Chapter 11 of
this Title. Should the certificate of dedication and ownership provide for a
dedication of land or improvement to the public, all beneficiaries of deeds of
trust and mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the fee simple owner
• thereof.
(14)A certificate by the Treasurer of Eagle County as outlined in Section 13-
11-10 of this Title that will certify that the entire amount of taxes due and
payable upon all parcels of real estate described on the plat are paid in full.
Declarations And Covenants: A copy of declarations and/or covenants
relating to the subdivision which shall assure the maintenance of any common
areas which may be created. The covenants shall run with the land and shall be
in a form suitable for recordation with the Eagle County Clerk and Recorder.
C. Procedure:
_ „t,,..,,,«:,.,. t a ~ t~ fif
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~~„gyp, ,,u ~ .Upon receiving two (Z) copies of a complete
submittal along with payment of the appropriate fee, the Administrator shall
route one copy of the site map to the Town Engineer for his/her review The
Administrator shall then conduct his/her review concurrently. The Town
Engineer shall review the submittal and return comments and notifications to
the Administrator who shall transmit the approval, disapproval or approval
with modifications of the plat within fourteen (14) days to the applicant The
Administrator shall sign the plat if approved or require modifications on the
plat for approval or deny approval due to inconsistencies with the originally
approved plan or failure to make other required modifications on the plat
• Section 66. Section 13-9-3 is hereby amended as follows:
13-9-3: CRITERIA AND NECESSARY FINDINGS
129
• ~~14-9~H1"8Bf ,F~41i~ :~F:9't lll~ 4l tS .},~4~#i~18~ 5~;9.1~9i4
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c 5'il`~ 9~4-E1'~
o s'i ~x 3f t.~E-~9i4'/4-L4'146~-tf3l E 3.' ~ c eE, :
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A. The following criteria shall be used by the Administrator in evaluating the
proposed subdivision. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed subdivision comply with each of the
following standards, or demonstrate that one or more of them is not applicable,
or that a practical solutcon consistent with the public interest has been
achieved:
(1) Compliance with all requirements of Title 12, Zoning Regulations; and
(2) Conformity to approved plans; and
(3) Accurateness and integrity of the survey data found on the play
B. Necessary Findings: The Administrator shall find that the Duplex
Subdivision complies with the criteria in Subsection 13-8-2A of this Article and
that the plat conforms with the requirements of 13-8-1B-2 of this Chapter.
Section 67. Section 13-10-10 is hereby amended as follows:
13-10-10: CONSTRUCTIONMATERIALS:
B. Concrete.•
7. Strength Required.• All concrete shall have a specified compressive strength of
• four thousand (4, 000) psi and shall be determined by ACI standard 318-71,
Ssections 4.3.3 and 4.3.4. In non frost ~'L„' f areas, lower fc' values may be
used in conformity with local practice and performance. For design charts using
lower fc' values, contact ACPA.
9. Slump: The mixture shall contain no more water than is necessary to produce
concrete which is workable and plastic. The minimum slump necessary to place
the concrete satisfactorily shall be used. Slumps should be maintained so as not
to exceed four and one-half inches (4 1/2') for non-vibrated nbrbrted
placement and three inches (3') for vibrated placement.
Section 68. Section 13-10-11 is hereby amended as follows:
13-10-11: CONSTRUCTIONMETHODS:
D. Adjusting Frames, Covers, And Yalve Boxes:
2. Adjusting Frames
c. Manhole frames shall not be finally set until the pavement adjacent thereto has
been completed. The manholes shall be left or lowered sufficiently below grade
so as not 1o interfere with or form an obstruction to the preparation of the sub-
base use, base, and pavement. The manhole openings shall be temporarily
covered by suitable means and the work constructed thereover. Due care shall be
exercised to prevent foreign material from entering the manholes. After the
pavement has been constructed, the necessary portions of the sub-base :parse,
base, and pavement shall be neatly cut away, the manholes built up, and the
cover frames set to grade, following which any surrounding area from which the
• pavement base or sub-base use has been so removed shall be bac~lled with
concrete.
130
r
•
Section 69. Section 13-10-12 is hereby amended as follows:
13-10-12: BIKE PATHS:
A. General: This item shall consist of the construction of bituminous or concrete
bike paths in accordance with these specifications and the dimensions
~~~~~~>?y~~~~ shown on the plans.
C. Construction Methods; Concrete Bike Paths:
1. Excavation: Excavation shall be made to the required depth and to a width
that will permit the installation and bracing of the forms. The foundation shall be
shaped and compacted to a firm, even surface conforming to the section shown in
Figure 3.617. When the Engineer determines that material is unsuitable
~r~~?~~j~eta~e, the material shall be removed and replaced in accordance with
Ssubsection 3-10-11E of this Chapter.
Section 70. Chapter 13-11 is hereby amended as follows:
13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP:
CERTIFICATION OFDEDICATIONAND OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple
of all that real property situated at (insert property location) in the Town of Vail,
Eagle County, Colorado, described as (allows: containing (insert number here)
acres more or less: have b these resents laid out, Tatted and subdivided the
• Y P P
same into insert number here) lots and (insert number here) blocks as shown
on this final plat under the name and style of a subdivision in the Tawn of Vail,
Eagle County, Colorado; and does hereby accept the responsibility for the
completion of required improvements; and does hereby dedicate and set apart ald
of the public roads and other public improvements and places as shown on the
accompanying plat to the use of the public forever; and does hereby dedicate
those portions of said real property which are indicated as easement on the
accompanying plat as easements for the purpose shown hereon; and does hereby
grant the right to install and maintain necessary structures to the entity
responsible for providing the services for which the easements are established.
Executed this day of (insert date here), A.D. X920
Owner: (If corporation)
Corporation name
Address
by (signature)
(type individual's name)
Title
{If individual)
• (signature)
131
B
• (type name)
Address
State of (Insert State name)
County of}s~(Insert county name)
The foregoing Certificate of Dedication and Ownership was acknowledged
before me this day of (insert date here), A.D. X320,_ by insert name here).
My commission expires:
Witness my hand and seal.
Notary Public
Address:
13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR
DEED OF TRUST HOLDER:
CERTIFICATION OF DEDICATION FOR MORTGAGE
HOLDER OR DEED OF TRUST HOLDER
• KNOW ALL MEN BY THESE PRESENTS that being the holder of a mortgage or
deed of trust on the real property situated at (insert property location) in the
Town of Vail, Eagle County, Colorado, described as follows: containing (insert
number here) acres, more or less; as •shown on this final plat under the name
and style of a subdivision in the Town of Vail, Eagle County, Colorado; agrees to
the dedication and setting apart all of the public roads and other public
improvements and places as shown on the accompanying plat to the use of the
public forever; and does hereby agree to the dedication of these portions of said
real property which are indicated as easement on the accompanying plat as
easements for the purpose shown hereon; and does hereby agree to the granting
of the right to install and maintain necessary structures to the entity responsible
for providing the services for which the easements are established.
Executed this day of (insert date here), A.D. X920
Owner: (If corporation)
Corporation name
Address
by (signature)
(type individual's name)
Title
• (If individual)
(signature)
132
fi
• (type name)
Address
State of (Insert State name)
County of~ss-(Insert county name)
The foregoing Certificate of Dedication and Ownership was acknowledged
before me this day of (insert date here), A.D. X920 by insert name here).
My commission expires:
Witness my hand and seal.
Notary Public
Address:
13-I1-4: SURVEYOR'S CERTIFICATE:
SURVEYOR'S CERTIFICATE
(For all plats except condominium maps)
• I do hereby cert~ that I am a registered Land Surveyor licensed under the laws
of the State of Colorado, that this plat is true, correct and complete as laid out,
platted, dedicated and shown hereon, that such plat was made from an accurate
survey of said property by me and under my supervision and correctly shows the
location and dimensions of the lots, easements and streets of said subdivision as
the same are staked upon the ground in compliance with applicable regulations
governing the subdivision of land.
In witness thereof I have set my hand and seal this day of insert date here),
A.D., X920
(NAME)
COLORADO LAND
SURVEYOR NO.
(For condominium maps)
I do hereby cert~ that I am a registered Land Surveyor licensed under the laws
of the State of Colorado, that this condominium map is true, correct and
complete as laid out, platted, dedicated and shown hereon, that such
condominium map was made from an accurate survey of said property by me and
under my supervision and correctly shows the horizontal and vertical location
and dimensions of the condominiums, parcels, easements and streets of said
condominium map as the same are staked upon the ground in compliance with
applicable regulations governing the subdivision of land.
133
B
• In witness thereofl have set my hand and seal this day of insert date here), A.D.
~920~COLORADO LAND SURVEYOR NO. (Name)
13-11-5: TITLE CERTIFICATE:
TITLE CERTIFICATE
(Name of title company) does hereby certify that the title to all lands shown upon
this plat have been examined and is vested in and that title to such Bands is free
and clear of all liens and encumbrances, except as follows: (Insert text here)
Dated this day of (insert date here), A.D. ~920_..j
Title Company or Attorney's Name Address
By (Signature)
(printed name and title of officer or attorney)
13-11-6.• CLERK AND RECORDER CERTIFICATE:
CLERK AND RECORDER CERTIFICATE
This plat was filed for record in the office of the Clerk and Recorder on this day
of (insert date), A.D. ~920~ at insert number) o'clock (insert A.M or P.t1~.
Recorded under Reception No. insert number) in Book (insert text) at Page
• (insert number).
Clerk and Recorder
Eagle County, Colorado
By
Deputy
13-I1-7: TOWN COUNCIL CERTIFICATE:
TOWN COUNCIL CERTIFICATE
This plat approved by the Town Council of the Town of Vail, Colorado this day
of (insert date here) A.D., ~920~ for filing with the Clerk and Recorder of
Eagle County, Colorado and for the conveyance to the Town of Vail of the public
dedications shown hereon; subject to the provision that approval in no way
obligates the Town of Vail for maintenance of roads dedicated to the public until
construction of improvements thereon shall have been completed in accordance
with Town of Vail specifications, and the Tawn Council of the Town of Vail has
by a subsequent resolution agreed to undertake maintenance of the same. This
approval does not guarantee that soil conditions, subsurface geology, ground
water conditions, or flooding conditions of any lot shown hereon are such that a
building permit or any other required permit will be issued. This approval is with
the understanding that all expenses involving all improvements required shall be
• the responsibility of the subdivider and not the Town of Vail.
134
e
ATTEST.•
Town Clerk Mayor
Town of Vail, Town Council
Colorado Town of Vail, Colorado
13-I1-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE.•
PLANNING AND ENVIRONMENTAL COMMISSION
CERTIFICATE
This final plat was approved by the Town of Vail Planning and Environmental
Commission this day of insert date here) , A.D. X20
ATTEST.•
Town Clerk Chairman
Town of Town of Vail Planning and
Yail, Environmental Commission
Colorado
13-11-9.• ADMINISTRATOR CERTIFICATE:
• ADMINISTRATOR CERTIFICATE
This final plat is hereby approved by the Town of Yail Administrator this day of
(insert date here), A.D. X920
ATTEST.•
Town Clerk Administrator
Town of Vail Town of Yail
13-11-10: CERTIFICATE OF TAXES PAID:
CERTIFICATE OF TAXES PAID
I, the undersigned, do hereby certify that the entire amount of taxes due and
payable as of the _ day of , A.D. 20 upon all parcels of real estate
described on this plat are paid in full.
Dated this day of (insert date here), A.D., X920
Treasurer of Eagle County
• Section 71. Section 13-11 shall be enacted as follows:
135
b
• 13-11-I1: CERTIFICATE OF OWNERSHIP:
CERTIFICATION OF OWNERSHIP
SNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee
simple of alt that real property situated in the Town of Vail, Eagle County,
Colorado, described as follows: containing (insert number) acres, more or less:
have by these presents laid out, platted and subdivided the same into tots and
blocks as shown on this final plat under the name and style of a subdivision in
the Town of Vail, Eagle County, Colorado; and does hereby accept the
responsibility for the completion of required improvements.
Executed this day of insert date here), A.D. I920
Owner: (If corporation)
Corporation name
Address
by (signature)
(type individual's name)
Title
(If individual)
(stgnature)
(type name)
Address
State of (Insert State name)
County of) ss (Insert county name}
The foregoing Certificate of Ownership was acknowledged before me this day
of (insert date here), A.D. 20 by (insert name here).
My commission expires:
Witness my hand and Beak
Notary
Public
Address:
Section 72. Section 13-12-1 is hereby amended as follows:
13-12-1: PURPOSE AND IN s 1uNT:
136
e
• The purpose of this Cehapter is to establish criteria and an appropriate review
process whereby the Planning and Eenvironmental Ceommission may grant
ex~..~~ions from the definition of the term "subdivision" for properties that are
determined to fall outside the purpose, purview and intent of Cehapters 3 and 4
of this Ttitle. This process is intended to allow for the platting of property where
no additional parcels are created and conformance with applicable provisions of
this Ceode has been demonstrated.
Section 73. Section 13-12-2 is hereby amended as follows:
13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMii !<ALS:
"Exo.~.Ylion Plats", as defined in Seection 13-2-2 of this Title, shall be exempt
from requirements related to preliminary plan procedures and submittals.
Ex~.ur~ion plat applicants maybe required to submit an Eenvironmental Impact
lt~eport if required by Title 12, Cehapter 12 of this Ceode.
Section 74. Section 13-12-3 is hereby amended as follows:
13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW:
The procedure for an ex~,~,~~,~ion plat review shall be as follows:
A. Submission Of Proposal; Waiver Of Requirements: The applicant shall
submit two (2) copies of the Y~~YOSaI following the requirements for a final plat
in 5subsection 13-3-6B of this Title, with the provision that certain of these
• requirements may be waived by the Asdministrator and/or the Planning and
Eenvironmental Ceommission if determined not applicable to the project.
B. Public Hearing: The Aadministrator will schedule a public hearing
before the Pplanning and Eenvironmental Ceommission and follow notification
requirements for adjacent property owners and public notice for the hearing as
found in Ssubsection 13-3-6B1 of this Title.
C. Review And Action On Plat: The Planning and Eenvironmental
Ceommission shall review the plat and associated materials and shall approve,
approve with modifications or disapprove the plat within twenty one (21} days of
the first public hearing on the exo,~,y~ion plat application or the exemption plat
application will be deemed approved. A longer time period for rendering a
decision may be granted subject to mutual agreement between the Pplanning and
Eenvironmental Ceommission and the applicant. The criteria for reviewing the
plat shall be as contained in Secction 13-3-4 of this Title.
D. Appeal: An appeal of the Planning and Eenvironmental Ceommission's
decision by the Ttown Ceouncil, the applicant, or an aggrieved or adversely
affected person" shall follow the procedures outlined in Ssubsection 13-3-SC of
this Title.
Section 75. Section 13-12-4 is hereby amended as follows:
13-12-4: FILING AND RECORDING:
The Ddepartment of Ceommunity Ddevelopment will record the plat and any
related documents with the Eagle County clerk and recorder; however, no plat
. shall be recorded unless prior to the time of recording, the applicant provides the
Town with a certification from the Eagle County treasurer's office indicating
137
e
• that all ad valorem taxes applicable to such subdivided land, for years prior to
that year in which approval is granted, have been paid. Fees for recording shall
be paid by the applicant. The Ddepartment of Ceommunity Ddevelopment will
retain one mylar copy of the plat for their records. An exo..~r~ion plat may not be
recorded until applicable appeals periods have expired in accordance with the
provisions of Ssubsection 13-3-SC of this Ttitle.
Section 76. Section 13-13-3 is hereby amended as follows:
13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW:
A. Plat Procedure: Upon receiving two (2) copies of a complete submittal
along with payment of the appropriate fee, the Aadministrator shall route one
copy of the proposed plat to the Town Eengineer for his/her review. The
Asdministrator shall then conduct his/her review concurrently. The Town
Eengineer shall review the submittal and return comments and notifications to
the administrator who shall transmit the approval, disapproval or approval with
modifications of the plat within fourteen (14) days to the applicant. The
Administrator shall sign the plat if a~,~,~oved or require modifications on the plat
for approval or deny approval due to inconsistencies with the originally approved
plat or failure to make other required modifications on the plat. Plat format and
content shall be as outlined under Seection 13-3-6 of this Ttitle. Correction plats
must contain the following statement:
The sole purpose of this plat is to correct an error (or amend a plat note or an
• easement) filed with an approved plat. This plat correction does not alter the
character, intent or development standards imposed under previous plat
approvals.
B. Criteria For Review: A plat correction or minor plat amendment may be
approved upon the findings that:
1. The plat correction is in accordance with all applicable Town ordinances,
standards, and the original conditions of plat approval;
Section 77. Section 13-13-4 is hereby amended as follows:
13-13-4: FILING AND RECORDING:
The Ddepartment of Ceommunity Ddevelopment will record the plat and any
related covenants with the Eagle County clerk and recorder; however, no plat for
subdivided land shall be recorded unless prior to the time of recording, the
subdivider provides the town with a certification from the Eagle County
treasurer's office indicating that all ad valorem taxes applicable to such
subdivided land, for years prior to that year in which approval is granted, have
been paid. Fees for recording shall be paid by the applicant. The department of
community development will retain one mylar copy of the plat for their records.
A correction plat may not be recorded until applicable appeals periods have
expired in accordance with the provisions of Ssubsection 13-3-SC of this Title.
• Section 78. Chapter 14-1 is hereby amended as follows:
14-1-1. PURPOSE AND INTENT:
138
e
• It is the purpose of these rules, regulations, and standards to ensure the general
health, safety, and welfaze of the community. These rules, regulations, and
standards are intended to ensure safe and efficient development within the Ttown
for pedestrians, vehicular traffic, emergency response traffic, and the community
at lazge. The Ddevelopment Sstandazds will help protect property values, ensure
the aesthetic quality of the community and ensure adequate development of
property within the Town.
14-1-2: APPLICABILITY:
Unless specifically ex~lllyled, the provisions of this Title shall supplement any
and all existing laws and shall apply to all persons, without restriction, and to
conditions arising after the adoption thereof, to conditions not legally in existence
at the time of adoption of this Title, and to conditions which, in the opinion of
the fire chief, the Bbuilding Qefficial, or the Town Eengineer, constitute a
distinct hazard to life or property.
The Ddevelopment Sstandazds shall apply to new development, as well as to
modifications and additions to existing devel„rlllents, unless specifically
exempted herein.
14-1-3: ADMINISTRATION:
The Town Manager, or Town Manager's designee, is authorized to make
and enforce the rules and regulations contained herein in order to carry out the
intent of the Ddevelopment Sstandazds. These rules, regulations and standards
shall be initially adopted by ordinance by the Vail Town Ceouncil and shall
• exist as a supplement to this Ceode as a "handbook" of Ddevelopment
Sstandards. Any amendments to the Ddevelopment Sstandazds shall require
adoption by Town Ceouncil prior to their enforcement. A copy of the approved
Ddevelopment Sstandazds shall be filed with the Town Celerk's office.
Where no specific or applicable rules, regulations, or standards appeaz to be set
forth in this Ceode, other rules, regulations, standards, guidelines, and
recommended practices, as published by professional associations, technical
organizations, model code groups, and similar entities, may be used by the
Town for guidance.
14-1-4: NONCONFORMi t ~S:
Nonconforming sites and site improvements lawfully established prior to the
effective date of adoption of the development Sstandazds may continue, subject
to the limitations prescribed by Title 12, Cehapter 18 of this Ceode. To
encourage redevelopment, there shall be some flexibility granted to existing
nonconforming sites and structures. However, wherever possible, compliance
with the Development Sstandards shall be achieved. The paving of existing
legal nonconforming, i.e., unpaved, driveways shall be allowed without strict
compliance with the Development Sstandazds. However, a reasonable att;,lllrt
shall be made to adhere as closely as possible to the Development Sstandazds
when paving existing driveways. A structure, which is substantially demolished
or reconstructed, as defined by "demo/rebuild" in the Zoning Regulationsee~e,
shall be required to adhere to the Development Sstandards.
14-1-5: VARIANCES:
Variances to the Ddevelopment Sstandazds may be allowed when practical
difficulties and unnecessary physical hardships inconsistent with the purpose and
139
B
• intent of the Ddevelopment Sstandards exist. Variances from the Ddevelopment
Sstandards shall be in accordance with Title 12, Cehapter 17 of this Ceode. The
issuance of a variance shall not compromise the safety of a site or structure.
14-1-6: Arr1rALS:
Appeals from decisions made concerning the Ddevelopment Sstandards shall be
in accordance with Title 12, Cehapter 3 of this Ceode.
14-1-?: ADOPTION:
"Town of Vail Development Standards Handbook", was adopted by Ttown
Ceouncil on September 21, 1999, as amended.
Section 79. Chapter 14-2 is hereby amended as follows:
14-2: DEFINITIONS
100 year ,flood plain: The area adjoining a river, stream, or watercourse
covered by water in the event of a flood, having a one percent chance of being
equaled or exceeded in magnitude in any given year.
Drainage: Surface water runoff or the removal of surface water or
groundwater from land by drains, grading or other means, which include
runoff controls to minimize erosion and sedimentation during and after
construction or development
• Fenestration: The design and placement of windows in a building.
Guard rails: A rail placed on the edge of a roadway, on bridges, driveways, etc.,
as a safeguard against vehicular egress of said roadway.
Heated drives: Driveways which have subterranean heat
producing
mechanisms to aid in melting snow and ice.
Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive
radio waves.
Topographic survey: A study conducted that produces a map of a lot or lots
showing elevation from some fixed reference point
Valet parking: A service provided with or without a fee where vehicle is
dropped at a designated location and an employee drives said vehicle to a
parking space.
Wetlands: As determined by the Army Corps of Engineers or qualifted
environmental consultant, an area that is inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation adapted for life
in saturated soil condition
• Section 80 Cha ter 14-6 is hereb amended as follows:
p Y
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• Retaining Walls (General)
All retaining walls are reviewed by the Design Review Board or the
Administrator ,"~~~~'to determine compatibility to the existing topography
and the materials in use. Retaining walls shall not exceed a height of six (6)
feed Within a front setback, retaining walls shall not exceed a height of three
(3) feet, unless related to access to a structure constructed on excessive slopes
(in excess of thirty (30) percent). Retaining walls associated with a street
located within a public right-of-way are exempt from these height limit
Retaining walls shall be located a minimum of two (2) feet from adjacent
property boundary and ten (10) feet
from the edge of a public street
All retaining walls over four (4) feet in height shall require a P.E. Stamp
except in the right-of-way, where retaining walls over three (3) feet in height
shall require a P.E. Stamp.
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Boulder Retaining Walls
Boulder retaining walls shall comply with ~rxts~-meet all the standards of
retaining walls (general). The height listed for retaining walls is the exposed
height of either a single or combined height of combination walls. If the batter
(slope of the face of the wall) is greater than 1:1, a P.E. stamp is required.
Combination Retaining Walls
A retaining wall should be considered a eEombination walls ,see-.~eter~ if
the upper wall falls within a prism defined as starting 1 'behind the face of the
i lower wall at the lowest finished grade line and then back at a 1.5:1 angle from
this starting point. The minimum bench of combination retaining walls shall
be four (4) feed Al! combination retaining walls shall have a P.E. Stamp.
Construction Fence
All areas to be protected shall have anon-removable construction fence or other
• approved device placed around the areas to be protected. Within the Vail
Village and Lionshead core areas, as defined by the Vail Village Master Plan
141
B
and Lionshead Redevelopment Master Plan, construction fence shall be sig
(6) to eight (8) feet in height and constructed out of plywood (painted green)
or chain link fence with green mesh windscreens. Decorative construction
fences may be allowed a the discretion of the Design Review Board.
Section 81. Article 14-lOC is hereby amended as follows:
14-IOC. Architectural Projections, Decks, Balconies, Steps, Bay Windows,
etc.:
2. Porches, steps, decks or terraces or similar features located at ground level
or within five feet (S) of ground level may project not more than ten feet
(10) nor more than one-half (1/~ the minimum required dimension into a
required setback area, or may project not more than five feet (S) nor more
than one
fourth the minimum required dimension into a required
distance between buildings. Steps that form an exit discharge may project
into a required setback area to the degree necessary to conform with the
adopted building code's means of egress standards, at the discretion of the
Administrator.
Section 82. Article 14-10E is hereby amended as follows:
14-10. Design Review Standards and Guidelines.
E. D~'~=i s~~mErr3+,'^; ~ sr,~ Residential Development:
1. The purpose of this Section is to ensure that ak~e3e 1
~,r,'~eee~ residential development be designed in a manner that creates
an architecturally integrated structure with unified site development. Dwelling
units and garages shall be designed within a single structure, except as set forth
in Subsection 2 below, with the use of unified architectural and landscape
design. A single structure shall have common roofs and building walls that
create enclosed space substantially above grade. Unified architectural and
landscape design shall include, but not be limited to, the use of compatible
building materials, architectural style, scale, roof
forms, massing, architectural
details, site grading and landscape materials and features.
3. eke-'tz-e ~r~r.' ~~-e..r.~f.,~~„~ka~3+ Residential development may be
designed to accommodate the development of dwelling units and garages in more
than one structure if the Design Review Board determines that significant site
constraints exist on the lot. The use of unified architectural and landscape design
as outlined herein shall be required for the development. In addition, the Design
Review Board may require that one or more of the following common design
elements such as fences, walls, patios, decks, retaining walls, walkways,
landscape elements, or other architectural features be incorporated to create
unified site development.
•
Section 83. Article 14-lOF is hereby amended as follows:
ia2
e
F. Outdoor Lighting:
9. Quantity:
For lots in residential zone districts, the maximum number of light sources per
lot shall be limited to one light source per one thousand square feet of lot area,
except as provided for below. The location of said lights shall be left open to the
discretion of the property owner, so long as the lights are in compliance with the
Vail Town Code ~ltil ' ' 'sl~a~'-Eecle. Light sources which are no
more than eighteen inches above grade, as measured from the top of the fixture
to the finish grade below, and are either full-cutoff fixtures, as defined in
Chapter 14-2 See~ie~ '
°~-^~-~-r, or have a maximum source lumens of 400
(equivalent to a 40 watt light bulb), may be allowed in addition to the total
number of permitted outdoor light sources. The number, location, and style of
such light sources are subject to Design Review.
Section 84. 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 85. 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 86. 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
II 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 87. 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.
143
• INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20`~ day of December, 2005 and a public
hearing for second reading of this Ordinance set for the 3rd day of January, 2006, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
v~N of ~ c
• Rodney E. Slifer, Mayor
EAL .
. S •
Attest:
.
oho ..•oo
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
• ORDERED PUBLISHED IN FULL this 3rd day of January, 2006.
SEAL ~ Rodney E. Slifer, Mayors
•
Attest:
) ,Q
~elei Donaldson, Town Clerk
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• I acknowledge the accuracy of the publication of Ordinance No. 27, Series of 2005 in the
12.24.05 edition of the Vail Daily.
iZ
tt Mire, Town Attorney
Judy Camp, Finance Director
I acknowledge the accuracy of the publication of Ordinance No. 20, Series of 200 fhp I
12.24.05 edition of the Vail Daily.
' Saturday. L
att re, Town Attorney s ~
~ / ~ PUBLtC NOTE
NOTICE IS HEREBY GIVEN HAT TOWN OF
VALL ORDINANCE NO. 29, SE ES 2005. err ord•
R s re ~Communi},/ Develo ment Director nonce agmending the Vail TownyCoda, Title 11,
f `r p tegl3, aSubdrv~sloa ~Regufedone,~Titlea9a allenveiop•
~ ment Standards Handbook. Vail Tawn Code, for
proposed corrections and clarilicatwns to the Vail
Town Code, and setting fortn details in egerd
thereto, was in[rpducetl, reed and approved on
First reatling on December 20, 2005. NOTICE IS
FURTHER GIVEN THAT the Town Council of the
Town of Vail will hold a public heanng ~n accord•
acknowledge the accuracy of the publication of Ordinance No. 28, Series of 20Q me 7o~wrrmot~valil Oo Jenuery 3.2lM6 afpb 00 PM m
12.24.05 edition of the Vail Daily, the Town of Veil Municipal Building. In cansidera-
lion al:
Ortlmance No. 28, Series or 2005, an odinance
amending the Veil Town Code, Title 11. Sign Reg•
uteoons; Title f2. Zonmg RagWalwns; tla 18
Subtlrvislob Regulations; TAIe 14, Development
Slandartls Handbook, Vail Town Coda, for pro•
posed mrrectione and clardicalions to the Vail
Town Code, aM setbng torah details in regard
thereto. The propoaetl text amendments era rtec-
tt Mire, To Attorney ~ ~ 9asery In order b danly text coned spallino and
remmatical ertors as well ae correp errors Pn co-
dihWtion.
Copies of this ordinance are ave~lede for public in•
sped on duringg aaular oltice hours in the Town of
Vei! Commonly Developmanl Department. 75
L South Frontage Roaq end also available at
~uss F r ummunity Development Director wwwvailgov.crom
1 Sign language interpretation available upon re-
quaat with 24 hour notification. Please call 479-
2114 voice ar 479.2356 TDD for information.
Publishetl in the Vail Deily December 24, 2005.
I acknowledge a accuracy of the publication of Ordinance No. 29, Series of 2005 in the i
12.24 ed' ' n of the Vail Daily.
t Ott Mire, Town Attorney \
,r...~-`~
J Hance Director
I acknowledge the accuracy of the publication of Ordinance No. 30, Series of 2005 in the
12.24.0 dition of the Vail Daily,
M~Mire, Town Attorney
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