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HomeMy WebLinkAbout2009-10PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2009, on the Town of Vail's web site, www.vailaov.com, on the 6th day of May, 2009. Witness my hand and seal this day of f-Y-) "'3 T my I Town of Va' y le , 2009. SEAL • r i ORDINANCE NO. 10 SERIES OF 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991, NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE, BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33, Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements; and WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the proposed amendment to Special Development District No. 2. WHEREAS, the proposed major amendment complies with the design criteria set forth in the Zoning Regulations for amendments to a Special Development District; and WHEREAS, the proposed major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 1 Ordinance No. 10, Series of 2009 WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the proposed major amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: *All additions are illustrated with bold italics and deletions are illustrated with 6tFkethFGW9h. Sest+ea-4 Section 1 1942-9 Q - Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. 2 Ordinance No. 10, Series of 2009 Section 21 a 42 a2a -Established Special Development District No. 2, Northwoods was established under the provisions of the original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The development standards for Special Development District No. 2 were established and adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments have been adopted through the following ordinances: • Ordinance No. 6, Series of 198Z to allow major arcades as conditional uses and minor arcades as accessory uses. • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers, boulder retaining wall, sidewalk and landscaping. • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site improvements at Pinos Del Norte, Building C. Vail Village Seventh Filing, 6aid peFfien tegetheF GentaiF;iRg 5.774 aeFes, to _e kRewR as developmeRt c miucim►m c cc " 3 Ordinance No. 10, Series of 2009 C n Section 3 19.42.03Q -Development Plan Adooted The following documents comprise the development plan for Special Development District No. 2, Northwoods: 1. The development plan of Vail Associates, Inc., for its Northwoods development. The development plan includes but is not limited to the following data: a. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; b. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans # or each phase of the development; c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and ail principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor 4 ordinance No. 10, Series of 2009 recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; e. Preliminary building elevations, sections, and floor plans, at a scale of one -eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted on a phase basis; f. An architectural model of the site and the proposed ,development, photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; g. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for Interim development: 2. The amended Development Plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009. Section 4 18-42.050 - Permitted Uses The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred thirty-nine dwelling units; 5 Ordinance No. 10, Series of 2009 B. A maximum of six dwelling units to house onsite management personnel. Section 51842060 - Conditional Uses The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits, Vail Town Code. ShapteF 19 69: A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and Tows; C. Public buildings, grounds and facilities; D. Public park and recreational facilities. E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Section 6 18.42.070 - Accessory Uses The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code 18,F_ 8,1 QQ; 6 Ordinance No. 10, Series of 2009 D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. F. Minor arcade. Section 7 19.A—�v 42.080 Lot Area and Site Dimensions Spes+al district 2 chcll Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey) Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey) Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet Section 8 , 8.",� 49- Setbacks The required setbacks shall be as indicated in the development plan, orbeiRg a minimum of ten feet. Section 9 19.^� 2�0 Distance Between Buildinas The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. Section 10 18.424IG- Height The maximum height of buildings shall be forty-five feet. Section 11 19,E '�- Density 7 Ordinance No. 10, Series of 2009 The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. Section 12'Q.^�— Building Bulk The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. Section 13 19.^Tv�2.149 Site Coveraqe Not more than twenty-five percent of the total site area may becovered by buildings. Section 14 18.42.160- Open Saace A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shall be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the 8 Ordinance No. 10, Series of 2009 required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground -level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks, The minimum dimension of any area qualifying as non -ground -level useable open space shall be five feet, and any such area shall contain at least fifty square feet. Section 15 48-42.169— Landscapinp and Site Development A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established by this section for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit far said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for file purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of 9 Ordinance No. 10, Series of 2009 parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative services relating to parking. 2. The parking tee to be paid by any owner or applicant shall be determined by the town council; provided in the event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally in any payer's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payer upon his application. 3. In accounting far the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district Is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. Section 16 ' °.^�Tg - Parkina and Loadinq A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section 12.10, Off Street Parking and Loading, Vail Town Code. Chapter 19.52L. At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefore is attained from the planning commission. G. No parking or loading area shall be located in any required front setback area, 10 Ordinance No. 10, Series of 2009 Section 17 Conditions of Approval The following conditions shall apply to the approval of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009, located at Pinos Del Norte, Building C: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. 3. ERWS Encroachment. The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety. The applicant shall receive final review and approval of a fire safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit 5. Revocable ROW: The applicant shall receive final review and approval of a revocable right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. 11 Ordinance No. 10, Series of 2009 Section 18 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 19 The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. Section 20 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 12 Ordinance No. 10, Series of 2009 W INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2009 13 Richard Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2009, on the Town of Vail's web site, www.vailoov.com, on the 20th day of May, 2009. Witness my hand and seal this day of , 2009. amm e1 �L ail Depu rk (seal) ORDINANCE NO. 10 SERIES OF 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991, NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINGS DEL NORTE, BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33, Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements; and WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the proposed amendment to Special Development District No. 2. WHEREAS, the proposed major amendment complies with the design criteria set forth in the Zoning Regulations for amendments to a Special Development District;, and WHEREAS, the proposed major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Ordinance No. 10, Series of 2009 WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the proposed major amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 - Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 2 - Established Special Development District No. 2, Northwoods was established under the provisions of the original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The development standards for Special Development District No. 2 were established and adopted by the 2 Ordinance No. 10, Series of 2009 Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments have been adopted through the following ordinances: • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor arcades as accessory uses. • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers, boulder retaining wall, sidewalk and landscaping. • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site improvements at Pinos Del Norte, Building C. Section 3 - Development Plan Adopted The following documents comprise the development plan for Special Development District No. 2, Northwoods: 1. The development plan of Vail Associates, Inc., for its Northwoods development. The development plan includes but is not limited to the following data: a. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; b. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans # or each phase of the development; 3 Ordinance No. 10, Series of 2009 c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and ail principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; e. Preliminary building elevations, sections, and floor plans, at a scale of one -eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted on a phase basis; f. An architectural model of the site and the proposed ,development, photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; g. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for Interim development: 4 Ordinance No. 10, Series of 2009 2. The amended Development Plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009. Section 4 - Permitted Uses The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred thirty-nine dwelling units; B. A maximum of six dwelling units to house onsite management personnel. Section 5 - Conditional Uses The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits, Vail Town Code: A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and Tows; C. Public buildings, grounds and facilities; D. Public park and recreational facilities. E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Section 6 - Accessory Uses The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; 5 Ordinance No. 10, Series of 2009 B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code; D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. F. Minor arcade. Section 7 - Lot Area and Site Dimensions Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey) Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey) Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet Section 8 - Setbacks The required setbacks shall be as indicated in the development plan, or a minimum of ten feet. Section 9 - Distance Between Buildings The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. Section 10 -Height The maximum height of buildings shall be forty-five feet. Section 11 - Density The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. 6 Ordinance No. 10, Series of 2009 Section 12 — Building Bulk The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. Section 13— Site Coveraqe Not more than twenty-five percent of the total site area may becovered by buildings. Section 14 - Open Space A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shall be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground -level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. 7 Ordinance No. 10. Series of 2009 D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non -ground -level useable open space shall be five feet, and any such area shall contain at least fifty square feet. Section 15 - Landscaping and Site Development A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established by this section for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit far said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for file purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative services relating to parking. 2. The parking tee to be paid by any owner or applicant shall be determined by the town council; provided in the event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally in any payer's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payer upon his application. 8 Ordinance No. 10, Series of 2009 3. In accounting far the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district Is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. Section 16 - Parkina and Loadinq A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section 12-10, Off Street Parking and Loading, Vail Town Code. At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefore is attained from the planning commission. G. No parking or loading area shall be located in any required front setback area, Section 17 - Conditions of Approval The following conditions shall apply to the approval of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009, located at Pinos Del Norte, Building C: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. 0 Ordinance No. 10, Series of 2009 3. ERWS Encroachment: The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit. 5. Revocable ROW: The applicant shall receive final review and approval of a revocable right-of- way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. Section 18 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 19 The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. 10 Ordinance No. 10, Series of 2009 • i • Section 20 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this bth day of May, 2009 and a public hearing for second reading of the Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 11 Ordinance No. 10, Series of 2009