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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. 12, Series
of 2009, on the Town of Vail's web site, www.vailaov.com, on the 3rd day of June
2009.
Witness my hand and seal this are day of , 2009.
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ORDINANCE NO. 12
Series of 2009
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41 THE VAIL
ROW HOUSES, PURSUANT TO ARTICLE 12-9A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Article 12-9A, Special Development (SDD) District, Vail Town Code, sets forth
the procedures for establishing special development districts; and
WHEREAS, The Vail Row Houses, have submitted an application to the Town of Vail to
establish Special Development District No. 41, The Vail Row Houses, to facilitate the
redevelopment of an existing residential development; and
WHEREAS, The Vail Row Houses, was originally developed under the jurisdiction of Eagle
County in 1963 and platted as "townhouses" and later zoned High Density Multiple Family
Residential by the Town of Vail; and
WHEREAS, the High Density Multiple Family Residential zone districtwas modified overthe
years directed at larger parcel multiple family projects rendering the Vail Row Houses
nonconforming with respect to numerous zoning standards; and
WHEREAS, the proposed SDD will create "townhouse" style zoning on the property and
allow it to be a conforming use and development; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on April 13, 2009, on the application to establish Special Development District No. 41, The
Vail Row Houses, in accordance with the provisions of the Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approval by a vote of 5-0-0 of this request to establish Special Development
District No. 41, The Vail Row Houses, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds and determines that the request to establish
Special Development District No. 41, The Vail Row Houses, complies with the design criteria
prescribed in Title 12, Zoning Regulations, Vail Town Code, and that a practical solution consistent
with the public interest has been achieved.
WHEREAS, the Vail Town Council finds and determines that the request to establish
Special Development District No. 41, The Vail Row Houses, is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
WHEREAS, the Vail Town Council finds and determines that the request to establish
Special Development District No. 41, The Vail Row Houses, is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds and determines that the request to establish
Special Development District No. 41, The Vail Row Houses, 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.
Ordinance No. 12, Series of 2009, first reading 1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, The Vail Row Houses, is established for
redevelopment on 7 parcels of land, legally described as Lots 7 though 13, a Resubdivision
of Block 5 and a part of Gore Creek Drive, Vail Village First Filing, which comprises 7 lots
and a total of 20,997 square feet (0.48 acres) in the Vail Village area of the Town of Vail
plus the 915 sq. ft. portion of Lot 13 to be dedicated to the Town of Vail for park use as a
condition of this approval. Said parcels may be referred to as "SDD No. 41". Special
Development District No. 41 shall be reflected as such on the Official Zoning Map of the
Town of Vail. The underlying zoning for Special Development District No. 41, The Vail Row
Houses, shall be High Density Multiple Family (HDMF) District.
Section 2. Special Development District No. 41, The Vail Row Houses, Approved
Development Plan
An approved development plan and this ordinance are the principal documents in guiding
the development, uses and activities of a special development district. The Approved
Development Plan for Special Development District No. 41, The Vail Row Houses, shall be
comprised of materials submitted in accordance with Section 12-9A-5 of the Vail Town
Code including those plans prepared by KH Webb Architects, entitled Vail Rowhouses, Site
Plan A001, revisions dated 04.28.09.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby adopted by this ordinance. The development
standards for Special Development District No. 41, The Vail Row Houses, are described
below:
The development standards as outlined below apply to the individual lots (Lots 7 through
13) of the Vail Row Houses, as modified for this SDD:
A. Permitted, Conditional, and Accessory Uses:
The permitted, conditional, and accessory uses allowed in Special
Development District No. 41, The Vail Row Houses, shall be those uses
listed in Title 12, Chapter 6, Article H, High Density Multiple Family zone
district, Vail Town Code, as may be amended from time to time.
B. Lot Area and Site Dimensions:
The minimum size for each lot shall be as each lot exists today, as further
described on the Approved Development Plan; however, allowing for minor
changes to lot lines to correct any encroachments. The following minimum
size for Lot 13 is based upon a 915 sq.ft. land dedication to the Town of Vail.
Lot# Lot size
7
2,744
8
2,614
9
2,396
10
2,265
11
2,309
12
2,919
13
4,835
Ordinance No. 12, Series of 2009, first reading
I TOTALS 1 20,997 1
The minimum site dimensions for each lot shall be as each lot exists today
as further described on the Approved Development Plan; however, allowing
for minor changes to lot lines to correct any encroachments.
C. Setbacks:
The minimum setbacks for Special Development District No. 41, The Vail
Row Houses, shall be as indicated on the Approved Development Plan. The
minimum front and rear setback shall be 20 ft. The minimum side setback
shall be zero feet, except for Lot 13, which shall maintain a minimum
setback of 10 ft. from the new eastern property line (based on the new
property line following the 10 ft. land dedication for a total of 20' to the
original lot line). The 50 ft. steam setback from Gore Creek shall be
maintained.
Balconies, decks, terraces, and other similar unroofed features may project
into the required setback areas in accordance with Section 14-10-4,
Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail
Town Code.
D. Height:
For a sloping roof, the height of buildings shall not exceed 48 ft. However,
additional height restrictions apply to the front (southern facade) to maintain
the appearance of a 2-3 story building along Gore Creek Drive. The eave
height is limited to 35 ft. to the initial eave of the front fagade along Gore
Creek Drive, measured from finished grade. Eave height is defined as the
distance from finished grade to the top of the sheathing of the initial primary
eave of the structure.
E. Density Control:
No more than 150 sq. ft. of GRFA shall be permitted for each 100 sq. ft. of
total site area of each lot. Due to the increase in allowable GRFA, the Vail
Row Houses is not eligible for the "Additional 250" or Interior Conversions as
described in 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA
(250 ORDINANCE) and 12-15-04 INTERIOR CONVERSIONS. Lot 13 is
further restricted to a total of 6,770 sq. ft. of GRFA.
GRFA and Density for each lot shall not exceed the following:
Lot #
GRFA
Density
Lot 7
4,116
2 du
Lot 8
3,921
2 du
Lot 9
3,594
1 du
Lot 10
3,397
2 du
Lot 11
3,463
2 du
Lot 12
4,378
2 du
Lot 13
6,770
2 du
However, any lot that is redeveloped shall be reduced in the number of units
in order to comply with on -site parking requirements.
In any case, the total number of units for Lots 7 through 13 shall not exceed
Ordinance No. 12, Series of 2009, first reading 3
13 dwelling units or be less than 7 dwelling units. If any of the units are
consolidated into fewer units on an individual lot, no amendment to this SDD
shall be required. However, if any of the units are consolidated into fewer
units, the number of consolidated units shall become the maximum
allowable density for both the subject individual lot and the entire
development site.
If any lots are consolidated, GRFA for the consolidated lot shall be a total
of the allowable GRFA for each lot.
F. Site Coverage:
Site coverage shall not exceed 55% of the total site area of each lot, with
the additional restriction that above -grade site coverage shall not exceed
50% of the total site area of each lot. Above grade shall mean from grade
level or entry level and above at the south elevation of the buildings.
G. Landscaping and Site Development:
At least 20% of the total site area of each lot shall be landscaped, except for
Lots 11 and 12. Lots 11 and 12 shall have no net loss of landscape area.
The following is the existing landscape area of each lot.
Landscape Landscape
Lot #
Sq. Ft.
Percentage
Lot 7
857
32%
Lot 8
796
30%
Lot 9
658
28%
Lot 10
624
27%
Lot 11
428
12%
Lot 12
160
7%
Lot 13
2,119
1 44%
Because of the minimal opportunity for landscaping, when redevelopment of
a lot occurs, the parking surface of the lot shall be converted to concrete unit
pavers or other material (as approved by the Design Review Board) and a
snowmelt system shall be installed. Any new snowmelt system installed
shall be a shared system with other owners and shall be an efficient system
reviewed and approved by the Community Development Department.
H. Parking and Loading:
Parking requirements shall be based on the current number of parking
spaces and dwelling units.
Lot 7
2 du
2 parking spaces
Lot 8
2 du
2 parking spaces
Lot 9
1 du
2 parking spaces
Lot 10
2 du
2 parking spaces
Lot 11
2 du
2 parking spaces
Lot 12
2 du
2 parking spaces
Lot 13
2 du
4 parking spaces
If any dwelling units are eliminated, there shall be no fewer than 2 parking
spaces for each lot. Due to site constraints, there is no requirement for
Ordinance No. 12, Series of 2009, first reading 4
enclosed or screened parking. The parking maybe permitted to be located
within the front setback, and partially within the Town of Vail right-of-way as
it exists currently contingent upon the lot owners obtaining Town of Vail
approval a lease agreement subject to renewal every ten (10) years. A
revocable right-of-way permit must be obtained for improvements within the
right-of-way.
When a unit is redeveloped or the addition of GRFA occurs, the parking
requirements as provided in Section 12-10-10A of the Town Code for the
subject lot shall be satisfied onsite (with right-of-way encroachments as
currently exist).
Employee Housing:
Employee Housing shall be provided in accordance with Chapter 24:
Inclusionary Zoning. Due to site constraints, the inclusionary zoning
requirement shall be met through the fee -in -lieu or the provision of off -site
employee housing unit(s). The Vail Row Houses shall provide an additional
5% of mitigated floor area or equivalent pay in -lieu amount over the
requirements of Chapter 24, Inclusionary Zoning, as may be adjusted from
time to time.
Expiration and Amendment:
This SDD is established to set zoning standards for the future
redevelopment of individual dwelling units within the SDD. The SDD expires
in five (5) years from the effective date of this ordinance. Nothing herein
prevents an amendment to the SDD by any owner within the SDD. If an
amendment only affects the applicant's property, no written consent is
required from other owners within the SDD.
Section 4. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of the
establishment of Special Development District No. 41, The Vail Row Houses:
Prior to the addition of GRFA to any dwelling unit within The Vail Row House
SDD, the owner of Lot 13 shall dedicate the 915 sq. ft. (I0-footwide) strip of
land as indicated on the Approved Development Plan located on the east side
of Lot 13 to the Town of Vail. This dedication shall be processed as part of a
subdivision application for Lot 13. The 915 sq. ft. dedication shall be restricted
to passive park use.
2. The applicant agrees that The Vail Row Houses shall provide $70,000 to the
Town of Vail to be used for public art or Roger Staub park improvements, at
the Town's discretion. The funds will be provided prior to receiving a building
permit for redevelopment of and the addition of GRFA to any lot.
3. The applicant shall remove any private improvements from the Town of Vail's
Gore Creek Stream tract adjacent to The Vail Row Houses prior to receiving a
building permit for redevelopment of and the addition of GRFA to any lot.
Section 5. 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 Vail Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or phrase
Ordinance No. 12, Series of 2009, first reading
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Section 7. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 8. 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 to 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 2nd day of June, 2009 and a public
hearing for second reading of this Ordinance set for the 16th day of June, 2009, at 6:00 p.m.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 12, Series of 2009, first reading 6