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.

(Ord. 8(1973) § 12.100; Ord. 29(2005) § 25)

   The following uses shall be permitted in the A District:

   (A)   Employee housing units, as further regulated by Chapter 13 of this title;

   (B)   Plant and tree nurseries and raising of field, row and tree crops;

   (C)   Public parks, passive and active recreation areas, and open spaces; and

   (D)   Single-family residential dwellings.

(Ord. 12(2008) § 19)

   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:

   (A)   Any use within public parks, recreation areas and open spaces which involves assembly of more than 200 persons together in one building or group of buildings, or in one recreation area or other public recreational facility;

   (B)   Cemeteries;

   (C)   Communications antennas and appurtenant equipment;

   (D)   Low power subscription radio facilities;

   (E)   Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges;

   (F)   Public and private schools;

   (G)   Religious institutions;

   (H)   Semipublic and institutional uses, such as convents and religious retreats;

   (I)   Ski lifts and tows; and

   (J)   Well water treatment facility.

(Ord. 12(2008) § 19)

   The following accessory uses shall be permitted in the A District:

   (A)   Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, silos, sheds, corrals, pens and similar uses;

   (B)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (C)   Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses;

   (D)   Retail sale of plants, trees or other farm or agricultural products grown, produced or made on the premises; and

   (E)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 8(1973) § 12.400; Ord. 16(1976) § 1(a); Ord. 21(1994) § 12)

   The minimum lot or site area shall be 35 acres with a minimum of one acre of buildable area.

(Ord. 34(1979) § 1)

   In the A District, the minimum front setback shall be 20 feet, the minimum side setback shall be 15 feet, and the minimum rear setback shall be 15 feet.

(Ord. 50(1978) § 2)

   For a flat roof or mansard roof, the height of buildings shall not exceed 30 feet. For a sloping roof, the height of buildings shall not exceed 33 feet.

(Ord. 37(1980) § 2)

   Not more than one dwelling unit shall be permitted for each 35 acres of site area, of which one acre must be buildable; provided, however, that one dwelling shall be allowed on a lot or parcel of less than 35 acres which contains one acre of buildable area. Such dwelling shall not exceed 2,000 square feet of gross residential floor area (GRFA).

(Ord. 34(1979) § 1)

   Site coverage shall not exceed 5% of the total site area.

(Ord. 8(1973) § 12.507; Ord. 17(1991) § 14)

   Not applicable in the A District.

(Ord. 8(1973) § 12.509)

   Off-street parking shall be provided in accordance with Chapter 10 of this title. No required parking shall be located in any required setback area, except as may be specifically authorized in accordance with Chapter 17 of this title.

(Ord. 8(1973) § 12.510)

   The Outdoor Recreation District 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.

(Ord. 21(1994) § 9; Ord. 29(2005) § 25)

   The following uses shall be permitted in the OR District:

   (A)   Bicycle and pedestrian paths;

   (B)   Golf courses

   (C)   Interpretive nature walks;

   (D)   Nature preserves; and

   (E)   Passive outdoor recreation areas and open spaces.

(Ord. 21(1994) § 9; Ord. 19(1995); Ord. 29(2005) §25)

   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:

   (A)   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;

   (B)   Cemeteries;

   (C)   Communications antennas and appurtenant equipment;

   (D)   Equestrian trails, used only to access national forest system lands;

   (E)   Public parks and active public outdoor recreation areas and uses, excluding buildings;

   (F)   Public utility and public service uses;

   (G)   Seasonal use or structure;

   (H)   Ski lifts, tows and runs; and

   (I)   Well water treatment facilities.

(Ord. 12(2008) § 20)

   The following accessory uses shall be permitted in the OR District: accessory uses in the OR District are subject to conditional use permit review in accordance with the provisions of Chapter 16 of this title.

(Ord. 21(1994) § 9; Ord. 29(2005) § 25)

   Not applicable in the OR District.

(Ord. 21(1994) § 9)

   In the OR District, the minimum setback shall be 20 feet from all property lines, except as may be further restricted by the Planning and Environmental Commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title.

(Ord. 21(1994) § 9; Ord. 29(2005) § 25)

   (A)   For a flat roof or mansard roof, the height of buildings shall not exceed 21 feet. For a sloping roof, the height of buildings shall not exceed 24 feet.

   (B)   For golf course clubhouses, the height of a flat or mansard roof shall not exceed 30 feet and the height of a sloping roof shall not exceed 33 feet.

(Ord. 21(2012) § 2)

   Not applicable in the OR District.

(Ord. 21(1994) § 9)

   Site coverage shall not exceed 5% of the total site area.

(Ord. 21(1994) § 9)

   Landscape requirements shall be determined by the Design Review Board in accordance with Chapter 11 of this title.

(Ord. 21(1994) § 9; Ord. 29(2005) § 25)

   Off-street parking shall be provided in accordance with Chapter 10 of this title.

(Ord. 21(1994) § 9)

   Additional regulations pertaining to site development standards and the development of land in the Outdoor Recreation District are found in Chapter 14 of this title.

(Ord. 21(1994) § 9; Ord. 29(2005) § 25)

   (A)   The Natural Area Preservation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in § 12-8C-2 of this article. The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town’s tourist economy.

   (B)   The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements.

(Ord. 21(1994) § 10)

   The following shall be permitted uses in the NAP District: nature preserves.

(Ord. 21(1994) § 10)

   The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Equestrian trails, used only to access national forest system lands;

   (B)   Interpretive nature walks;

   (C)   Parking, when used in conjunction with a permitted or conditional use;

   (D)   Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways;

   (E)   Picnic tables and informal seating areas; and

   (F)   Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings.

(Ord. 21(1994) § 10)

   Not applicable in the NAP District.

(Ord. 21(1994) § 10)

   Not applicable in the NAP District.

(Ord. 21(1994) § 10)

   Parking and loading requirements will be determined by the Planning and Environmental Commission during the review of conditional use requests in accordance with the provisions of Chapter 16 of this title.

(Ord. 21(1994) § 10)

   Additional regulations pertaining to site development standards and the development of land in the Natural Area Preservation District are found in Chapter 14, “Supplemental Regulations”, of this title.

(Ord. 21(1994) § 10)

   The Ski Base/Recreation District is intended to provide for the base facilities necessary to operate the ski mountain and to allow multi-family residential dwellings as a secondary use if certain criteria are met. In addition, summer recreational uses and facilities are encouraged to achieve multiseasonal use of some of the facilities and provide for efficient use of the facilities.

(Ord. 24(1995) § 1)

   (A)   Within main lodge. The following uses shall be permitted within the main base lodge building in the Ski Base/Recreation District:

      (1)   Basket rental;

      (2)   Injury prevention and rehabilitation facilities for owners’ use;

      (3)   Lift ticket sales;

      (4)   Meeting rooms for owner use and community oriented organizations;

      (5)   Restaurant/bar/snack bar/candy sales;

      (6)   Ski lockers/employee locker rooms;

      (7)   Ski repair, rental, sales and accessories;

      (8)   Ski school and ski patrol facilities;

      (9)   Special community events;

      (10)   Summer seasonal recreational, cultural and educational programs and offices; and

      (11)   Tennis pro shop.

   (B)   Retail and meeting room space limitation.

      (1)   (a)   Retail sales space in the first two floors shall be limited to a maximum of 15% of the nonresidential gross square footage of the main base lodge building.

         (b)   Under this section RETAIL shall be defined as tennis pro shop, candy sales, ski repair/rental sales, accessories and clothing, basket rental, ski lockers and storage for the public.

      (2)   Meeting rooms shall be limited to a maximum of 10% of the nonresidential gross square footage of the main building.

   (C)   Dwelling units. Multi-family dwelling units within the main base lodge building if the following requirements are met:

      (1)   The dwelling units shall be a secondary use within the main base lodge building if they meet the following criteria:

         (a)   No residential use on ground level;

         (b)   Visual impacts such as surface parking for the dwelling units shall be minimized by providing at least 40% of the required parking within the main base lodge building or in an attached parking structure; and

         (c)   The maximum gross residential floor area (GRFA) devoted to dwelling units shall not exceed 30% of the total gross square footage of the main base lodge building.

      (2)   Before acting on multi-family dwelling units, the Planning and Environmental Commission shall consider the following factors in regard thereto:

         (a)   Relationship and impacts of the use on development objectives of the town;

         (b)   Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks, and recreational facilities, and other public facilities and public facilities needs;

         (c)   Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking area; and

         (d)   Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses.

      (3)   The Planning and Environmental Commission shall make the findings set forth in § 12-16-6(B) of this title before permitting multi-family units within the main base lodge building.

   (D)   Children’s ski school building. Permitted uses within the children’s ski school building:

      (1)   Children’s ski school services and programs;

      (2)   Community events and programs;

      (3)   Summer recreational, cultural and educational programs; and

      (4)   Year round childcare and children’s ski school and appurtenant recreational facilities and programs.

   (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 District:

      (1)   Bus and skier drop off;

      (2)   Food and beverage service;

      (3)   Indoor and outdoor ski storage;

      (4)   Mountain storage buildings;

      (5)   Private unstructured parking;

      (6)   Public parks, tennis and volleyball courts, and playing fields, playgrounds;

      (7)   Ski racing facilities;

      (8)   Ski school activities;

      (9)   Ski trails, slopes and lifts;

      (10)   Snowmaking facilities;

      (11)   Special community events; and

      (12)   Water treatment and storage facilities buildings.

   (F)   Employee housing units. Employee housing units, as further regulated by Chapter 13 of this title.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25; Ord. 2(2007) § 4; Ord. 1(2008) § 23; Ord. 12(2008) § 21)

   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:

   (A)   Addition or expansion of storage buildings for mountain equipment;

   (B)   Additions or expansions of public or private parking structures or spaces;

   (C)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (D)   Child daycare center;

   (E)   Communications antennas and appurtenant equipment;

   (F)   Food and beverage cart vending;

   (G)   Public, private or quasi-public clubs;

   (H)   Recreation room/minor arcade;

   (I)   Redevelopment of public parks, playgrounds;

   (J)   Redevelopment of ski lifts and tows;

   (K)   Redevelopment of ski racing facilities;

   (L)   Redevelopment of water storage extraction and treatment facilities;

   (M)   Religious institutions;

   (N)   Seasonal structures to accommodate athletic, cultural, or educational activities;

   (O)   Summer outdoor storage for mountain equipment; and

   (P)   Summer seasonal community offices and programs.

(Ord. 12(2008) § 21; Ord. 2(2016) § 19)

   The following accessory uses shall be permitted in the Ski Base/Recreation District:

   (A)   Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof; and

   (B)   Home occupations, subject to the issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25)

   All offices and retail sales conducted in the Ski Base/Recreation District shall be operated and conducted entirely within a building except for approved special events and food and beverage vending.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25)

   (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 Ski Base/Recreation District 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 § 12-8D-7 of this article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. A report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council for approval in accordance with the applicable provisions of § 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 Ski Base/Recreation District.

   (D)   Amendment process. Amendments to the approved development plan will be considered in accordance with the provisions of § 12-9A-10 of this title.

   (E)   DRB approval required. The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this title prior to the commencement of site preparation.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25)

   The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

(Ord. 24(1995) § 1; Ord. 5(2003) § 13; Ord. 29(2005) § 25)

   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:

   (A)   Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood;

   (B)   Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole;

   (C)   Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas;

   (D)   A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development;

   (E)   Environmental impacts resulting from the proposal have been identified in the project’s environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan; and

   (F)   Compliance with the Vail Comprehensive Plan and other applicable plans.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25)

   The minimum lot or site area shall be 40 acres of site area, at least one acre of which shall be buildable area.

(Ord. 24(1995) § 1)

   In the Ski Base/Recreation District, front, side, rear and stream setbacks shall be as indicated on the approved development plan.

(Ord. 24(1995) § 1; Ord. 29(2005) § 25)

   Up to 60% of the building (building coverage area) may be built to a height of 35 feet, or less. No more than 40% of the building (building coverage area) may be higher than 35 feet, but not higher than 40 feet. Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not usable as gross residential floor area may extend above the height limit a distance of not more than 25% of the height limit nor more than 15 feet.

(Ord. 24(1995) § 1)

   (A)   Total density shall not exceed one dwelling unit per eight acres of site area.

   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 24(1995) § 1; Ord. 31(2001) § 5)

   Site coverage shall be as shown on the approved development plan.

(Ord. 24(1995) § 1)

   Landscaping requirements shall be as shown on the approved development plan. All areas within the area(s) of disturbance in the landscape plan not occupied by building, ground level decks or patios, or parking shall be landscaped.

(Ord. 24(1995) § 1)

   Parking plan and management program shall be as shown on and described in the approved development plan.

(Ord. 24(1995) § 1)

   The Ski Base/Recreation 2 District is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The Ski Base/Recreation 2 District is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone 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 article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide “compelling public benefits which further the public interests” that go beyond any economic benefits to the landowner.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   The following uses shall be permitted within the Ski Base/Recreation 2 District:

   (A)   Eating and drinking establishments including the following:

      (1)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;

      (2)   Cocktail lounges and bars;

      (3)   Coffee shops;

      (4)   Fountains and sandwich shops; and

      (5)   Restaurants.

   (B)   Employee housing units, as further regulated by Chapter 13 of this title;

   (C)   Lodges;

   (D)   Private or public off-street loading facilities;

   (E)   Private or public off-street vehicle parking structures;

   (F)   Public parks and outdoor recreation facilities;

   (G)   Residential uses including the following:

      (1)   Accommodation units;

      (2)   Multi-family residential dwelling units;

      (3)   Single-family residential dwelling units; and

      (4)   Two-family residential dwelling units.

   (H)   Ski base oriented uses including the following:

      (1)   Commercial ski storage/ski club on the basement or garden level of a building;

      (2)   Retail stores and establishments;

      (3)   Ski lifts and tows;

      (4)   Ski patrol facilities;

      (5)   Ski racing facilities;

      (6)   Ski school facilities;

      (7)   Ski trails;

      (8)   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;

      (9)   Snowmaking facilities; and

      (10)   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.

(Ord. 8(2014) § 5)

   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:

   (A)   Brewpubs;

   (B)   Communications antennas and appurtenant equipment;

   (C)   Fractional fee units;

   (D)   Outdoor dining decks and patios;

   (E)   Private and public clubs;

   (F)   Public utility and public service uses;

   (G)   Religious institutions; and

   (H)   Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of § 12-3-4 of this title.

(Ord. 12(2008) § 22; Ord. 2(2016) § 20)

   The following accessory uses shall be permitted in the Ski Base/Recreation 2 District:

   (A)   Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof;

   (B)   Ski patrol offices;

   (C)   Ski school offices, sales, and activities;

   (D)   Skier and guest service employee offices, locker rooms, and meeting rooms; and

   (E)   Swimming pools, patios or other recreation facilities customarily incidental to permitted uses.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   (A)   Limitations; exception. All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation 2 (SBR2) District shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating.

   (B)   Outdoor displays. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   (A)   Development plan required. Prior to site preparation, building construction or other improvements to land within the Ski Base/Recreation 2 District, there shall be an approved development plan for said district or portion thereof. An approved development plan shall be the principal document in guiding the development, uses and activities of land within the 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 Environmental Commission as part of the approved development plan. This determination is to be made based on the proposed development plan’s compliance with the design criteria outlined in § 12-8E-9 of this article.

   (B)   Application. An application for approval of a development plan may be filed by any owner of property within the Ski Base/Recreation 2 District or his or her agent or authorized representative. The application shall be made on a form provided by the Department of Community Development and shall include a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the development plan, or their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in § 12-8E-8 of this article and a development plan as outlined in subsection (C) of this section.

   (C)   Contents. The development plan shall be comprised of materials submitted in accordance with § 12-8E-8 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters within which land in the district may be developed. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, off-street parking/loading plan, off site improvements plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   (A)   Preapplication conference. Prior to submittal of a formal application for a development plan, the applicant shall hold a preapplication conference with the Department of Community Development. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail Comprehensive Plan, and the review procedure that will be followed for the application.

   (B)   PEC conducts final review. The final review of a proposed development plan shall be by the Planning and Environmental Commission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Administrator, a work session may be held with the applicant, staff and the Planning and Environmental Commission to discuss the development plan. A report of the Department of Community Development staff’s findings and recommendations shall be presented at a public hearing before the Planning and Environmental Commission. The Planning and Environmental Commission shall review the development plan in accordance with the provisions of § 12-8E-9 of this article.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   The Administrator shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Administrator or the Planning and Environmental Commission if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the Vail Comprehensive Plan. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved:

   (A)   Compatibility. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation;

   (B)   Relationship. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity;

   (C)   Parking and loading. Compliance with parking and loading requirements as outlined in Chapter 10 of this title;

   (D)   Comprehensive plan. Conformity with the Vail Comprehensive Plan, town policies and urban design plans.

   (E)   Natural and/or geologic hazard. Identification and mitigation of natural and/or geologic hazards that affect the property on which the development plan is proposed;

   (F)   Design features. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community;

   (G)   Traffic. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation;

   (H)   Landscaping. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function;

   (I)   Workable plan. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the development plan; and

   (J)   Annexed lands. Conformity with the terms of an annexation agreement and demonstration of a compelling public benefit which furthers the public interest.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   The minimum lot or site area shall be 10,000 square feet of buildable site area.

(Ord. 4(2003) § 1)

   In the Ski Base/Recreation 2 District, front, side and rear setbacks shall be as indicated on the approved development plan.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   In the Ski Base/Recreation 2 District buildings shall range in height from zero feet to 43 feet and be indicated on the approved development plan. All development shall comply with the building height guidelines found in the Vail Village Master Plan conceptual building height plan. In no instance, however, shall the maximum building height exceed 43 feet.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   Total density shall not exceed eight dwelling units per acre of buildable site area. The total allowable gross residential floor area (GRFA) shall be as indicated on the approved development plan.

(Ord. 4(2003) § 1)

   In the Ski Base/Recreation 2 District, site coverage shall be as indicated on the approved development plan.

(Ord. 4(2003) § 1)

   In the Ski Base/Recreation 2 District, landscaping requirements shall be as indicated on the approved development plan.

(Ord. 4(2003) § 1)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least 95% of the required parking shall be located within the main building or buildings, and as approved by the Planning and Environmental Commission in review of the development plan. The off-street parking and loading plan shall be indicated on and described in the approved development plan.

(Ord. 4(2003) § 1)

   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing; roadway improvements; pedestrian walkway improvements; loading/delivery; streetscape improvements; stream tract/bank improvements; public art improvements; parking; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/ development projects which produce substantial off site impacts.

(Ord. 4(2003) § 1)

   (A)   Minor amendments.

      (1)   MINOR AMENDMENTS are modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved development plan, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the development site; or changes to gross floor area of not more than 5% of the approved square footage of residential floor area or retail, office, common areas and other nonresidential floor area.

      (2)   Minor amendments consistent with the design criteria outlined in § 12-8E-9 of this article may be approved by the Department of Community Development. All minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development.

      (3)   Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the zone district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five 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. In all cases the report to the Planning and Environmental Commission shall be made within 20 days from the date of the staff’s decision on the requested amendment.

      (4)   Appeals of staff decisions may be filed by adjacent property owners, owners of property within the zone district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in section 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 5% of the approved square footage; increases to retail, office or common floor area greater than 5% of the approved square footage; increases or decreases to the number of dwelling, accommodation or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Administrator and defined in this article.

      (2)   Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in § 12-8E-7 of this article. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development.

      (3)   Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in § 12-3-6(C) of this title.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)

   (A)   Start of construction; completion. The developer must begin initial construction of the development plan within three 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 year of the completion of the previous phase.

   (B)   Approval voided. If the developer does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding subsection (A), the approval of said development plan shall be void. The Planning and Environmental Commission shall review the development plan upon submittal of an application to reestablish the development plan following the procedures outlined in § 12-8E-7 of this article.

(Ord. 4(2003) § 1; Ord. 29(2005) § 25)