(A) Applicability. 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 require approval from the Planning and Environmental Commission (PEC).
(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 a building in a common interest community shall be duly authorized by the condominium association.
(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 Department of Community Development. Certain submittal requirements may be waived by the Administrator or reviewing body if the applicant demonstrates that the information and materials required are not relevant to the application. The Administrator 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) 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.
(4) Burden of proof. At the hearing, the applicant shall prove by a preponderance of the evidence 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; that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, including without limitation the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis.
(5) Approval. Approval of an exterior alteration under 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.
(6) Lapse of approval. Approval of an exterior alteration shall lapse and become void two years following the date of approval unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion.
(7) 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; Ord. 2(2024) § 1)