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HomeMy WebLinkAbout2008-12 Zoning RegulationsORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12- 6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-96, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with 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, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare 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, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 12, Series of 2008, second reading Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in ,text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, e~ business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use. USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows: 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 chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-6B, Single-Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6B-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: 2 Ordinance No. 12, Series of 2008, second reading Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is hereby amended as follows: 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 chapter 16 of this title: Bed and breakfasts as further regulated by section 12-1418 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 12-6E-3: CONDITIONAL USES: 3 Ordinance No. 12, Series of 2008, second reading The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. 4 Ordinance No. 12, Series of 2008, second reading Public utility and public service uses. Ski lifts and tows. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows: 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 chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. 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 and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) 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: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Ordinance No. 12, Series of 2008, second reading Business offices and professional offices as further regulated by section 12-16-7 of this title. 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. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 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. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. g Ordinance No. 12, Series of 2008, second reading Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. Section 12. Article 12-76, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-76-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR 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. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. 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. 7 Ordinance No. 12, Series of 2008, second reading Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. .Additional uses determined to be similar to permitted uses described in subsections 61 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. 6. Automated Teller Machines (ATMs) exterior to a building. 12-76-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: 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 kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. 12-76-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: 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: Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Ordinance No. 12, Series of 2008, second reading Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. 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 sale 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. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. 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. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, 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 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-1418 of this title. Brew pubs. g Ordinance No. 12, Series of 2008, second reading Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. 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. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. 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. 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. 10 Ordinance No. 12, Series of 2008, second reading Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. 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. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 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. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. 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 clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. 11 Ordinance No. 12, Series of 2008, second reading Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. 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. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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 section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. ~ 2 Ordinance No. 12, Series of 2008, second reading Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: 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 offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit 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. Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): 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: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. 13 Ordinance No. 12, Series of 2008, second reading Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. 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. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): 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: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. 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. 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. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: 14 Ordinance No. 12, Series of 2008, second reading 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 other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-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: 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, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. 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. Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-1418 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. 15 Ordinance No. 12, Series of 2008, second reading Public, private orquasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: 12-8E-2: PERMITTED USES: A:The following uses shall be permitted within the ski base/recreation 2 district: 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 shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license 12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, second reading The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 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: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. 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. 12-96-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 17 Ordinance No. 12, Series of 2008, second reading 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. 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. Public and quasi-public indoor community facilities. 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 utility and public service uses. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants. Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: ~ g Ordinance No. 12, Series of 2008, second reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right ~y seflc~itieaal-dse Ownership/ Transference Additional GRFA Additional Site Coverage / Reduced Landsca a Area Garage Credit/Storage Requirement Parking Minimum/Maximu m GRFA of an EHU Density Type I Re~+#ed-else: The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the (only on lots less than the EHU. a maximum of 2 property. 14,000 sq. ft. in size) parking spaces LANDSCAPE (600 sq. ft.). AREA: All units not The site is entitled constructed with to a reduction of a garage shall be landscape area by required a 5% (reduced to minimum 75 sq. 55% of site area) ft. of storage area for the EHU. in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . Type II Re~+tted-Use: The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is Single-Family not be sold or to an additional ft. of additional 12-10 as a and allowed as a Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on Residential, separately from deduction. the EHU. unit. property. Primary/Secondary the unit it is All units not Residential associated constructed with with. a garage shall be . required a Agriculture & Open minimum 75 sq. Space ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage onl . 1 g Ordinance No. 12, Series of 2008, second reading Type III Pe~-itted-~1s~ The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded Lionshead Mixed Use 2 transferred calculation of dwelling and from the separately. GRFA. unit. 1,200 sq. ft. max. calculation 6sAditieflal-k1sa: B. Dormitory of density. Residential Cluster unit: Low Density Multiple- 200 sq.ft. min. for Family each person Medium Density occupying the Multiple-Family EHU. High Density Multiple- Family Public Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is designated and deed be sold or 12-10 as a calculated restricted as a Type IV transferred dwelling as density. EHU, unless already separately. unit. designated as an EHU. Type IV-CL I~s~ The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated Linkage designated and deed transferred dwelling Linkage as density. mitigation restricted as a Type IV- separately. The unit. unit) CL EHU, unless already EHU shall be designated as an EHU. linked to a specific Commercial Linkage employee housin 20 Ordinance No. 12, Series of 2008, second reading mitigation requirement. Type IV-IZ see The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated Zoning designated and deed transferred dwelling Zoning as density. mitigation restricted as a Type IV- separately. The unit. unit) IZ EHU, unless already EHU shall be designated as an EHU. linked to a specific Inclusionary Zoning employee housing mitigation re uirement. Type V use: The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential not be sold or 12-10 as a allowed as a transferred dwelling second unit separately from unit. on the the unit it is property. associated with. Type VI As governed by As determined by As determined by As determined by Per Chapter As determined by As Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined management dwelling unit by the PEC. plan. or a parking Shall not be managemen subdivided or t plan per divided into any Article 12-61, form of time Housing share, interval District ownership, or fractional fee unit. 21 Ordinance No. 12, Series of 2008, second reading Type VII-CL l#ed-Use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the mitigation Public Accommodation, separately. The GRFA. or a parking calculation unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Commercial 23, Commercial Service Linkage Commercial Center, Arterial employee Linkage Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 12, Series of 2008, second reading TypeVll-IZ use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is (Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the mitigation Public Accommodation, separately. GRFA. or a parking calculation unit) Public Accommodation The EHU shall managemen of density. 2, Commercial Core 1, be linked to a t plan per Commercial Core 2, specific Chapter 12- Commercial Core 3, Inclusionary 24, Commercial Service Zoning Inclusionary Center, Arterial employee Linkage. Business, General Use, housing Lionshead Mixed Use 1, mitigation Lionshead Mixed Use 2, requirement. Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 23 Ordinance No. 12, Series of 2008, second reading Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 1410-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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, 24 Ordinance No. 12, Series of 2008, second reading regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 30. 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 31. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 32. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Attest: ~+c rele~ Donaldson, Town Clerk ""~~ REA/D AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of July, 2008. __ _ Richard D. C eveland, ayor 25 2008, second reading