THE VILLAGE OF TAOS SKI VALLEY

ORDINANCE NO. 12-30

AN ORDINANCE ADOPTING A CORE VILLAGE ZONE AND AMENDING ZONING REGULATIONS AND ZONING MAP FOR THE VILLAGE OF TAOS SKI VALLEY, NEW MEXICO.

The following is proposed as a new Section 13 to the existing Village of Taos Ski Valley Zoning Ordinance.

13. Core Village Zone (CVZ).

A. Intent. The purpose of the Core Village Zone is to recognize the unique importance and characteristics of properties near and adjacent to the base village of Taos Ski Valley by providing distinct incentives and regulations for development and redevelopment of those properties. The Core Village Zone, as a focal point of the community, has great potential for various uses. The following regulation applies to all property within the Core Village Zone and is defined as all property within the Core Village Zone boundary line delineated on Exhibit A. These Core Village Zone Regulations are adopted for the purpose of facilitating the redevelopment and revitalization of the Core Village Zone area, stimulating a consistent and sustainable mixture of commercial, residential and recreational land uses, promoting a reasonable bed base of residential and lodging units to support the resort, fostering a vibrant pedestrian activity zone, and providing a base village environment that supports resort operations and provides a positive resident and visitor experience in multiple seasons.

These Core Village Zone Regulations establish the permitted land uses within the Core Village, establish flexible zoning and development standards appropriate for the Core Village Zone, specify permitting processes and procedures tailored to the special needs of the Core Village Zone, and foster a regulatory climate that will encourage the redevelopment and revitalization of this critical area within the Village of Taos Ski Valley.

The additional purposes of this zoning are to provide for:

1. The enhancement of the character of the Core Village Zone area through best practice town-center design and planning principles.

2. The promotion of uses which attract/serve both tourists and the local community.

3. The encouragement of high quality and sustainable development.

4. The promotion of more intense, compact and integrated development.

5. The timely and orderly development of the Core Village Zone’s proposed system of roads, utilities, drainage, and trails/paths.

6. Parking flexibility so that all parking does not have to be provided on site.

7. The encouragement of pedestrian walkways and vehicle-free areas.

8. Path/trail connectivity to the proposed riverwalk and nearby trails and open space.

9. A flexible approach, through the use of performance standards, to implement the goals of the Village of Taos Ski Valley’s plan.

10. The preservation and enhancement of the unique visual characteristics of the Village of Taos Ski Valley.

Where these Core Village Zone Regulations expressly address a specific development objective, standard, procedure, or otherwise contradict an existing ordinance, the provisions of these regulations shall supersede the provisions of the Village’s Zoning Regulations, Subdivision Regulations, or other applicable ordinance. Where these provisions do not expressly address a specific development objective, standard or procedure, then the Village’s Zoning Regulations and Subdivision Regulations, as then in effect, shall apply unless such application contradicts the intent of this ordinance. These Core Village Zone Regulations constitute a variance to the Comprehensive Subdivision Regulations as adopted by the Village of Taos Ski Valley pursuant to Section 5 thereof.

B. Application. The Core Village Zone (CVZ) is applied to all privately and publicly owned parcels of land located within the CVZ (see Exhibit A for boundaries):

1. The requirements of this section shall apply to any new development or redevelopment proposals located within the boundaries of the CVZ.

2. Any renovation or remodeling of existing structures shall result in the application of the standards and requirements of this section if such renovation or remodeling involves any of the following:

a. The requirement of a site plan review.

b. An expansion of space devoted to principal uses within a property.

c. Replacement of an existing structure.

3. Any change in use of all or any portion of the structure or site to a more intensified use shall result in the application of the standards and requirements of this section.

C. It should be noted that Core Village Zone land uses replace and redevelop significant residential, lodging, commercial, and ancillary uses that previously existed within the Core Village Zone area. To the extent any Development Impact Fees are imposed on projects in the CVZ area, such fees will be based on “net new development” with a credit for prior or existing uses being replaced or supplemented so long as and only if the prior or existing use was assessed and paid all impact fees in accordance with the impact fee schedule in the Village of Taos Ski Valley Zoning Ordinance.

D. Core Village Zone Development Standards Diagram. The Core Village Zone Development Standards Diagram (Exhibit B) establishes the maximum building area including street edge build-to lines, setback lines, riverwalk and public pedestrian zoned open space and related controls governing the overall massing of building structures within the Core Village Zone area.

E. Permissive Uses. The following Permissive Uses are allowed in this zone district:

· Ski trails and slopes, lifts, snowmaking equipment or other related functions not requiring an enclosed building.

F. Conditional Uses: The following are permitted uses with approval of conditional use:

1. Residential (single-family and multi-family)

2. Hotel

3. Lodge

4. Shared ownership/timeshare

5. Bed and breakfast

6. Commercial:

a. Restaurant

b. Bar

c. Retail

d. Other commercial uses

7. Skier services

8. Office

9. Amenity facilities

10. Parking

11. Recreational uses

12. Accessory uses/structures

13. Maintenance/service/utility facilities

14. Clubs and places of assembly when conducted completely within enclosed Buildings.

15. Mixed Use structures with any combination of the above.

Short-term rental of all single-family, multi-family, hotel and lodge units is specifically permitted.

G. Permitted Uses That Require a Special Event Permit: The following are permitted uses with approval of a special event permit by the Village of Taos Ski Valley Special Events Coordinator:

Resort special events which include:

1. Music festivals

2. Art festivals

3. Ice festivals

4. Traveling circuses

5. Holiday events

6. Athletic events

7. Community celebrations

Other similar events of limited duration that involve placement of the following:

i. Tents

ii. Stages

iii. Activity booths

iv. Banners/signs

v. Associated temporary facilities

These events and their associated temporary facilities shall be permitted with approval of a special event permit on all parcels/lands within the Core Village Zone and may also be permitted with approval of a special event permit in Village road rights-of-way with the administrative approval of the Special Event Coordinator.

H. Land Use and Density Transfer. Residential, office and commercial land use densities may be permitted to be transferred between parcels or projects within the Core Village Zone utilizing their respective EQR ratios as the transfer ratio between respective land uses. Density transfers may occur provided that a staff review establishes that the following criteria are met:

1. the aggregate number of transfers does not increase the EQR density in the receiving parcel or project by more than twenty percent (20%);

2. the land use is consistent with the land uses permitted as previously listed in the conditional uses section;

3. the transfer does not increase the overall Core Village Zone-wide maximum residential or commercial densities within parcels owned by an individual owner or agreed to by other owners.

Density transfers shall be reviewed and approved by the Village of Taos Ski Valley Planning Officer prior to or concurrent with the preliminary plat or land use development review for the parcel initiating or receiving the transfer. All density transfers shall be administratively accounted for by the Village of Taos Ski Valley.

I. Density Flexibility. The residential and commercial unit densities approved via development application for each parcel within the Core Village Zone boundary shall be based on the Equivalent Residential Unit (EQR) as used by the Village of Taos Ski Valley. This ordinance contemplates that a mixture of residential unit types/sizes and/or lodging/hotel rooms will be developed within the CVZ boundary. Accordingly, the land use type, unit type or room densities on each parcel or within each project in the Core Village Zone area may be adjusted either upwards or downwards based on the EQR ratios contained in the Village of Taos Ski Valley EQR schedule.

J. Supplementary Regulations and Development Requirements. The performance standards described in this section are designed to provide a desired result or performance through the application of a variety of measures. Rather than specifying exactly what must be done in each situation, these performance standards describe a range of measures from which to choose to achieve the desired result. These performance standards allow for maximum flexibility in the design, review, and approval of actions within the CVZ that are governed by these regulations.

The following performance standards are intended to encourage mixed-use development/ redevelopment and employ flexible zoning principles that guide density, massing, and setbacks to encourage a combination of residential, hotel, commercial, and/or office use to help the Core Village Zone ensure a socially vibrant and economically sustainable environment. These standards should also encourage pedestrian-level commercial and amenity uses that animate the pedestrian experience within this zone, integrate building massing along pedestrian-friendly streets, plazas, walkways, and the riverwalk and create places and spaces in which residents and resort guests enjoy spending time.

1. Core Village Zone open space is intended to be consolidated into the Riverwalk and Public Pedestrian Open Space Zone as shown on the Development Standards Diagram – Exhibit B. This open space provides considerable public open space within the Core Village Zone Area and is focused on providing consolidated useable open space, pedestrian ways and riverwalk corridors that connect and serve all parcels in the Core Village Zone in lieu of smaller disconnected open space on each redevelopment parcel. Accordingly, Core Village Zone parcels shall be exempt from individual lot coverage or “percentage” open space requirements in the Zoning Code and instead shall be judged by the quality of the pedestrian spaces they create and their connectivity to and creation of the Core Village Zone pedestrian plaza, walkways, riverwalk greenway and other pedestrian corridors as shown on Exhibit B.

2. Building height of principal structures shall not exceed 48 feet to the eave line of the roof edge with the reference datum being the finished pedestrian surface within five feet beyond each corner of the structure. When the development provides a pedestrian plaza or walkway (especially over a parking structure), this eave line height shall be measured from the top of the plaza or walkway elevation. Stepped building masses should be measured individually (i.e. by building segment rather than just overall height). Tower elements and secondary building features shall be non-habitable and limited to not more than 15% of any building façade. Tower elements and secondary building features may exceed this 48’ eave limit to a maximum height of 60’ at the eave line. Roof massing above the eave line shall not exceed a pitch of 12:12. Metal roofs must have a finish reflectance rating of less than 20 units of gloss reflectance at an 85 degree slope. (see 17-B figure 2)

3. Building mass/scale of residential and commercial buildings should be reflected in segmented sections of façades that suggest smaller scale structures (even though actual structures behind façades may be larger and inter-connected) indicative of traditional European Villages and their structures. Non-residential/commercial buildings, like parking structures, should be underground where possible and employ appropriate architectural treatments on any exposed parking structure elevations to mitigate mass/scale and blend with the character of surrounding buildings.

4. The Village may approve comprehensive private design guidelines for specific parcels in the CVZ area; and if so, such guidelines shall supersede the design standards in Section 9 of the Zoning Regulations as adopted by the Village of Taos Ski Valley.

5. The minimum lot size (2-4) and clustering requirements (2-5) of the Comprehensive Subdivision Regulations as adopted by the Village of Taos Ski Valley, shall not apply in the CVZ area.

6. 10’ setbacks shall be maintained between any redevelopment and existing residential or commercial uses in the CVZ area. As long as required fire separation standards are met (per the IBC), zero lot lines (no setbacks) shall be permitted between compatible buildings/uses; buildings, roadways, pedestrian ways, and open space shall be included within approved parcel conceptual plans or master plans. This will allow for integrated structures that create the visual enclosure around the Core Village Zone pedestrian spaces.

7. Building envelope and building pad designations shall not be used in the Core Village Zone; instead, buildings are encouraged to integrate, not separate. Build-to lines (not setbacks and building envelopes) shall generally control where the main building face will be located along pedestrian-oriented streets such as Thunderbird Road, Ernie Blake Road, and Sutton Place. Eaves, balconies and other secondary protrusions may extend over these build-to lines.

8. Interim/temporary uses and structures are permitted in conjunction with an approved use permit by the village to create spaces/places until future phases can be built.

9. Shared access ways/driveways are encouraged. To further the objective of encouraging pedestrian activity and discouraging vehicular traffic, attempts shall be made to consolidate service roads and to limit interior roads to service vehicles whenever possible. Entrances to development and structures shall be oriented to pedestrian traffic, and pedestrian-focused activities shall be located along the public pedestrian easement.

10. Required parking shall be permitted on adjoining or nearby parcels, streets, parking lots, and parking structure in lieu of on-site parking. Shared parking ratios are encouraged. Credit shall be given for commercial customer parking on public streets and commercial customer and employee parking in resort parking lot areas. Shared parking allowances shall be provided for mixed use projects with different parking demand timing. Tandem parking spaces are allowed for larger condo units to reduce pressure on other parking places.

11. Service functions and commercial loading areas shall be consolidated and shared whenever possible and appropriately screened from vehicular and pedestrian corridors. Loading areas may be shared between adjacent structures provided that complementary hours are established for loading and unloading. These areas shall be easily accessible, designated as a loading area, and posted with restricted hours for loading and unloading. Loading areas shall be located so as not to present a safety hazard.

12. Grading and disturbance in setbacks (except for the river corridor setback) are allowed as long as the finished condition meets the design intent and has been granted approval by the Village of Taos Ski Valley Planning Officer. Grade changes shall be addressed in an architectural fashion. Grade changes are encouraged in setback areas to optimize land utilization/development yield and to allow main pedestrian corridors to be as flat as possible.

13. Snow removal/storage shall be approached holistically where snow removal and storage areas can be shared between parcels, non-exclusive access easements can facilitate shared snow storage, and collective core snow removal/storage strategies can be employed.

14. Core Village Zone landscape standards should be less focused on separation and buffering and more focused on creating spaces and framing building elements.

15. Village trails and pathways shall be at least four (4) feet in width (wider where more pedestrian traffic is anticipated) and shall connect with all other adjacent public pedestrian easements. Trails shall be located in a safe and logical fashion and be usable by pedestrians and bicyclists. Trails shall have a minimum finished height clearance of a least ten (10) feet. Trails may be soft surface along the river, in park areas and open spaces, but should be hard surface where heavy pedestrian traffic or maintenance vehicle traffic is anticipated. Trials and trail facilities such as benches, picnic tables, bike racks, etc., shall be for public use and the Village shall be responsible for the installation and maintenance cost of these facilities.

16. All permanent utilities shall be located underground or inside structures, but temporary above-ground utilities may be permitted for phased development.

K. Expedited Parcel Maps to Facilitate Sales Transactions and Joint Ventures. The Core Village Zone parcels may utilize an expedited parcel map process (i.e. an exempt subdivision) for lot consolidations/assemblages, boundary line adjustments, and bulk parcel creations that allows the creation of legal subdivided parcels with only the designation of appropriate density allocations, access and infrastructure services (no detailed site or architectural design work). These “parcels” can be configured into acceptable development parcels and be sold to third-party builders/developers who would then (i.e. subsequent to transfer) go through the full site/ architectural design, subdivision plat and/or conditional use/special use permit process. To the extent applicable, the requirements of Section 3-9 of the Comprehensive Subdivision Regulations as adopted by the Village of Taos Ski Valley, shall be superseded by this provision.

L. Parcel Conceptual Plans. A parcel conceptual plan (“Parcel Conceptual Plan”) for any parcel within the Core Village Zone shall be submitted for review and approval and/or amendment prior to or concurrent with the initial sketch plat, preliminary plat or site plan review of any project within the Core Village.

Parcel Conceptual Plans shall show:

1. The legally described boundaries of the Parcel

2. Land Uses

3. Densities

4. Development Phases or lots

5. Building massing/height

6. General architectural character of building within parcels

7. Existing and proposed streets

8. Utilities

9. Drainage (including all easements)

10. Parking/Driveways

11. Plazas

12. Pedestrian/Public facilities

13. Proposed amenities

14. Proposed landscaping and landscape buffers

15. Snow Storage

16. Any other features as determined as the Planning Officer

Once approved, a parcel Conceptual Plan shall serve as the approved Conceptual Plan for each individual parcel and shall be updated or amended as appropriate to accommodate each individual phase of development, subdivision plat or site plan within that parcel. Parcel Conceptual Plans shall be amended as needed in conjunction with any density transfers or other proposed land use development.

M. Subdivisions. Site specific subdivisions shall be approved through Preliminary Plat and Final Plat processes as provided for in the Village Zoning Regulations or Subdivision Regulations. Conditional Use Permits and/or Townhome/Condominium Plats for commercial or multi-family uses shall be approved prior to the issuance of building permits or any site disturbance. Temporary Uses, Accessory Uses, Permitted Uses, Resort Special Events, and other administrative approvals shall be initiated by submittal of an application that meets the Village’s submittal requirements and must receive administrative review and approval prior to initiation of any such use. Following appropriate administrative review and approval by the Planning Officer, the following temporary uses may be installed:

1. Construction offices

2. Construction storage trailers and staging areas

3. Temporary real estate offices

4. Temporary utility facilities and structures

5. Outdoor vendors

6. Outdoor education activities and facilities

7. Model homes

Such uses shall be identified on each development application or submitted concurrently with a preliminary plat/conditional use permit where temporary uses are anticipated as part of such approval.

N. Roads and Circulation. The design of the vehicular and pedestrian circulation system in the Core Village Zone must meet the safety and functional intent of Village regulatory standards as well as the scale, function and aesthetic. The typical cross-sections should strive to strike a balance that provides a functionally efficient, safe and connected network of vehicular and pedestrian facilities with street cross-sections that balance the need for necessary vehicular movement with the minimized speeds and traffic management controls necessary to promote a pedestrian-oriented resort community. Parking on roads shall not be permitted unless the road is specifically designed for on-road parallel parking.

O. Any modifications, additions, remodeling, renovations, or redevelopment of properties and land uses within the Core Village Zone shall be consistent and compatible in massing, height, architectural/site/landscape design, detailing, scale, proportion, materials, and color to the development and land uses on adjacent or nearby properties and land uses within the Core Village Zone area.