HomeMy WebLinkAbout2009-13 FAILEDPROOF 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. 13, Series
of 2009, on the Town of Vail's web site, www.vailgov.com, on the 20th day of
May, 2009.
Witness my hand and seal this, 0+-4- day of 2009.
m
Town of V eput Cler (seal)
-IQ A,
ORDINANCE NO. 13
Series of 2009
AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12-
9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION
OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS, LOCATED AT 16
VAIL ROAD (VAIL PLAZA HOTEL) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL
VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan
for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and
WHEREAS, amendments to a Special Development District are permitted pursuant to the
parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held public
hearings on April 20, 2009, and May 11, 2009, to consider the proposed amendment in accordance
with the provisions of the Vail Town Code and forwarded a recommendation of approval, with
conditions, to the Vail Town Council by a vote of 7-0-0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town
Code, and that the applicant has demonstrated that any adverse effects of the requested deviations
from the development standards of the underlying zoning are outweighed by the public benefits
provided; and
WHERAS, the Town Council finds that the special development district amendment does
comply with the standards listed Article 12-9A, Special Development District, or that a practical
solution consistent with the public interest has been achieved; and
WHEREAS, the Vail Town Council finds thatthe special development district amendment 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 that the special development district amendment is
compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district amendment
does promote the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a mannerthat conserves and enhances its
natural environment and its established character as a resort and residential community of the
highest quality; and
WHEREAS, the Vail Town Council finds that temporary approval of this amendment will
have no negative effect on parking since the existing penthouse dwelling unit can not yet be
occupied; and
Ordinance No. 13, Series of 2009 first reading 1
WHEREAS, the approval of this special development district amendment, and the
development standards in regard thereto, shall not establish precedence or entitlements elsewhere
within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. AMENDMENTS
Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended
as follows (all additions are illustrated with bold italics, deletions are illustrated with strikethFough, and
text not affected has been omitted):
Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club
Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units — 4- 3
Accommodation Units - 100
Fractional Fee Club Units — 58 48
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Section 2. CONDITION(S) OF APPROVAL
The following condition of approval shall become part of the Town's approval of this
amendment to the approved development plan for Phase IV (Vail Plaza Hotel) of Special
Development District No. 6, Vail Village Inn:
This approval shall expire and become null and void on May 11, 2012; or upon either the
sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail
Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club
units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee
club units by no later than May 11, 2012; or within 7 calendar days of either the sale or
issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza
Hotel prior to said date.
Section 3. 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 thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4. 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.
Ordinance No. 13, Series of 2009 first reading 2