(A)   Purpose. The purpose of the Special Development District 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 Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property’s underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District.

   (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.

(Ord. 21(1988) § 1; Ord. 9(1994) § 1; Ord. 29(2005) § 26)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AFFECTED PROPERTY. Property within a Special 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 modifications 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 or 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 for 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.

   MAJOR AMENDMENT (PEC AND/OR 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 §§ 12-15-4, “Interior Conversions”, or 12-15-5, “Additional Gross Residential Floor Area (250 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 Development District, 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 Special Development District; or changes to gross floor area (excluding residential uses) of not more than 5% of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under §§ 12-15-4, “Interior Conversions”, or 12-15-5, “Additional Gross Residential Floor Area (250 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 residential; single-family residential; two-family residential; and two-family primary/ secondary residential.

(Ord. 21(1988) § 1; Ord. 9(1994) § 2; Ord. 13(1997) § 2; Ord. 29(2005) § 26)

   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 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 Special Development District, or their agents or authorized representatives. The application shall be accompanied by submittal requirements in § 12-9A-5 of this article and a development plan as in § 12-9A-6 of this article.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   (A)   Approval of plan required. Prior to site preparation, building construction, or other improvements to land within a Special 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)   Preapplication conference. Prior to submittal of a formal application for a Special Development District, 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 Special Development District, the relationship of the proposal to applicable elements of the town’s Comprehensive Plan, 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 Planning and Environmental Commission at a regularly scheduled 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 Special Development District. A report of the Department of Community Development staff’s findings and recommendations shall be made at the initial formal hearing before the Planning and Environmental Commission. Within 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 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 Planning and Environmental Commission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Council. 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 30 days. Within 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.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   The Administrator shall establish the submittal requirements for a Special Development District application. A complete list of the submittal requirements shall be maintained by the Administrator and 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. 21(1988) § 1; Ord. 5(2003) § 14; Ord. 29(2005) § 26)

   An approved development plan is the principal document in guiding the development, uses and activities of Special Development Districts. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any Special Development District. The development plan shall be comprised of materials submitted in accordance with § 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District 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.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   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 through the review of the proposed Special Development District, 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 Special Development Districts 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 Special Development District. The amount of area and type of such uses, if any, to be allowed in a residential Special Development District shall be established by the Town Council as a part of the approved development plan.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   (A)   Criteria. The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed Special Development 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)   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)   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 Vail Comprehensive Plan, town policies and urban design plans;

      (5)   Natural and/or geologic hazard. Identification and mitigation of natural and/or geologic hazards that affect the property on which the Special Development 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)   Traffic. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation;

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

      (9)   Workable plan. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the Special Development District.

   (B)   Necessary findings. Before recommending and/or granting an approval of an application for a 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 (A) of this section, unless the applicant can demonstrate that one or more of the 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 Vail Comprehensive Plan and compatible with the development objectives of the town;

      (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.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, 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 Development District’s compliance with the design criteria outlined in § 12-9A-8 of this article.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   (A)   Minor amendments.

      (1)   Minor modifications consistent with the definition of “minor amendment” in § 12-9A-2 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 adjacent to the Special Development 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.

      (3)   Appeals of staff decisions may be filed by adjacent property owners, owners of property within the Special Development District, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in § 12-3-3 of this title.

   (B)   Major amendments.

      (1)   Requests for major amendments to an approved Special Development District shall be reviewed in accordance with the procedures described in § 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 Special Development District, and owners of all property within the Special Development 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. 21(1988) § 1; Ord. 29(2005) § 26)

   A recreation amenities tax shall be assessed on all Special Development Districts in accordance with Title 2, Chapter 5 of this code at a rate to be determined by the Town Council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   (A)   Start of construction; completion. The developer must begin initial construction of the Special Development District within three years from the time of its final approval, and continue diligently toward the completion of the project. If the Special Development District 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 applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection (A), the approval of said Special Development District shall be void. The Planning and Environmental Commission and Town Council shall review the Special Development District upon submittal of an application to reestablish the Special Development District following the procedures outlined in § 12-9A-4 of this article.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   The filing fee for Special Development District applications and for major and minor amendments to Special Development Districts 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 Development. 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 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 30 days of notification by the town.

(Ord. 21(1988) § 1; Ord. 5(1991) § 1; Ord. 29(2005) § 26)

   Nothing in this article shall be construed to limit, replace or diminish the requirements, responsibilities and specifications of Special Development Districts 2 through 21. The 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 SDDs, if not commenced at the present time, shall comply with § 12-9A-12 of this article.

(Ord. 21(1988) § 1; Ord. 29(2005) § 26)

   The Parking District is intended to provide sites for private or public unstructured off-street vehicle parking and conditionally to provide for private or public off-street vehicle parking structures and private or public parks and recreational facilities. The Parking District is intended to allow such uses while ensuring adequate light, air, privacy and open space for each valid use in adjacent areas.

(Ord. 8(1973) § 24.100; Ord. 2(1976) § 3; Ord. 4(1992) § 1)

   The following uses shall be permitted in the P District:

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

   (B)   Private or public unstructured off-street vehicle parking.

(Ord. 12(2008) § 23)

   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)   Communications antennas and appurtenant equipment;

   (B)   Major arcades;

   (C)   Parks and recreational facilities;

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

   (E)   Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure; and

   (F)   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.

(Ord. 12(2008) § 23)

   Minor arcade.

(Ord. 8(1973) § 24.400; Ord. 2(1976) § 3; Ord. 6(1982) § 2(b); Ord. 4(1992) § 1)

   Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission:

   (A)   Lot area and site dimensions;

   (B)   Setbacks;

   (C)   Building height;

   (D)   Density control;

   (E)   Site coverage;

   (F)   Landscaping and site development; and

   (G)   Parking and loading.

(Ord. 12(2008) § 23)

   The General Use District 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 § 12-1-2 of this title and to provide for the public welfare. The General Use District is intended to ensure that public buildings 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 Vail, 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.

(Ord. 21(1994) § 10; Ord. 29(2005) § 28)

   The following uses shall be permitted in the GU District:

   (A)   Bicycle and pedestrian paths;

   (B)   Communications antennas and appurtenant equipment;

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

   (D)   Passive outdoor recreation areas, and open space.

(Ord. 12(2008) § 24)

   (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:

      (1)   Child daycare centers;

      (2)   Equestrian trails;

      (3)   Golf courses;

      (4)   Healthcare facilities;

      (5)   Helipad for emergency and/or community use;

      (6)   Major arcades;

      (7)   Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises;

      (8)   Public and private parks and active outdoor recreation areas, facilities and uses;

      (9)   Public and private schools;

      (10)   Public and quasi-public indoor community facilities:

      (11)   Public buildings and grounds:

      (12)   Public parking structure:

      (13)   Public theaters, meeting rooms and convention facilities:

      (14)   Public tourist/guest service related facilities:

      (15)   Public transportation terminals:

      (16)   Public unstructured parking:

      (17)   Public utility and public service uses:

      (18)   Religious institutions:

      (19)   Seasonal structures or uses to accommodate educational, recreational or cultural activities:

      (20)   Ski lifts, tows and runs; and

      (21)   Water and sewage treatment plants.

   (B)   Proximity to parking required. The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure:

      (1)   Offices;

      (2)   Restaurants:

      (3)   Ski and bike storage facilities:

      (4)   Sundries shops:

      (5)   Tourist/guest service related facilities; and

      (6)   Transit/shuttle services.

(Ord. 21(1994) § 10; Ord. 6(2000) § 2; Ord. 17(2001) § 2; Ord. 29(2005) § 28; Ord. 1(2008) § 22; Ord. 12(2008) § 24)

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

   (A)   Minor arcades; and

   (B)   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; Ord. 29(2005) § 28)

   (A)   Prescribed by Planning And Environmental Commission. In the General Use District, 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; and

      (7)   Parking and loading.

   (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 Planning and Environmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 16 of this title.

(Ord. 21(1994) § 10; Ord. 29(2005) § 28)

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

(Ord. 21(1994) § 10; Ord. 29(2005) § 28)