(A) Subject to review. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows.
(1) Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.
(2) Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in subsection (A)(2) of this section; provided, however, that the architectural or massing model shall be submitted no later than three weeks prior to the first formal public hearing of the Planning and Environmental Commission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Planning and Environmental Commission meeting following the submittal dates listed above, the Administrator shall inform the Planning and Environmental Commission of all exterior alteration submittals. The Administrator shall commence with the review of exterior alterations following this initial Planning and Environmental Commission meeting.
(a) A property owner may apply for a major exterior alteration (greater than 100 square feet) in any year during which he or she shall submit an application on the February or September dates as set forth in this subsection (A)(3). Said application shall be termed a “major exterior alteration”.
(b) Notwithstanding the foregoing, applications for the alteration of an existing building which adds or removes any enclosed floor area of not more than 100 square feet, applications to alter the exterior rooflines of an existing building, applications for new outdoor dining decks and applications for modifications to existing dining decks may be submitted on a designated submittal date for any regularly scheduled Planning and Environmental Commission meeting. Said applications shall be termed a “minor exterior alteration”. The review procedures for a minor exterior alteration shall be as outlined in this section. All enclosed floor area for an expansion or deletion pursuant to this subsection (A)(3)(b) shall be physically and structurally part of an existing or new building and shall not be a freestanding structure.
(c) A single property owner may submit an exterior alteration proposal which removes or encloses floor area of 100 square feet or less on a designated submittal date and will be reviewed by the Planning and Environmental Commission at any of its regularly scheduled meetings.
(4) Work sessions. If requested by either the applicant or the Administrator, submittals shall proceed to a work session with the Planning and Environmental Commission. The Administrator shall schedule the work session at a regularly scheduled Planning and Environmental Commission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with § 12-3-6(C) of this title. Following the work session, and the submittal of any additional material that may be required, the Administrator shall schedule a formal public hearing before the Planning and Environmental Commission in accordance with § 12-3-6 of this title.
(5) Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.
(6) Compliance with comprehensive applicable plans. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission that the proposed exterior alteration is in compliance with the purposes of the CC1 District as specified in § 12-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail Comprehensive Plan.
(7) Approval. Approval of an exterior alteration under subsections (A)(5) and (A)(6) of this section shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping.
(8) Lapse of approval. Approval of a major or minor exterior alteration as prescribed by this article shall lapse and become void two years following the date of approval of the major or minor exterior alteration by the Planning and Environmental Commission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion.
(9) Design Review Board review. Any modification or change to the exterior facade of a building or to a site within the CC1 District shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title.
(B) Compliance burden. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board that the proposed building modification is in compliance with the purposes of the CC1 District as specified in § 12-7B-1 of this article; that the proposal substantially complies with the Vail Village design considerations, and that the proposal does not otherwise alter the character of the neighborhood.
(Ord. 21(1980) § 1; Ord. 25(1982) § 1(d); Ord. 41(1983) § 1; Ord. 4(1993) § 1; 1997 Code; Ord. 1(1998) § 1; Ord. 5(2003) § 6; Ord. 29(2005) § 24)