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Home My WebLink About2013-05PROOF 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. 5 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 20h day of February, 2013. Witness my hand and seal this f � day of Ta myiF . To Deputy • SEAL •0 409.669 O cOLORp , 2013. ORDINANCE NO. 5 SERIES 2013 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 7, SERIES OF 2010, RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANDSCAPING FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN ADDITION TO AN ACCOMMODATION UNIT, AN OFFICE AND A MEETING ROOM, AT THE TIVOLI LODGE, LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and WHEREAS, Ordinance No. 10, Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert Lazier; and WHEREAS, Section 12-9A-10 of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 re-establish Ordinance No. 7, Series of 2010, to amend the Approved Development Plan and density control requirements, to allow for an increase in gross residential floor area and site coverage, a reduction in landscaping and a change to approved setbacks; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on February 11, 2013 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and Ordinance No. 5, Series of 2013 1 WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re-establish Special Development District No. 37, Tivoli Lodge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 10, Series of 2007 is hereby repealed and re-enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: (additions shown in bold; deletions in ) Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5th Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37." Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Lot 3, First Amendment, Vail Village 5th Filing, is used for parking purposes only and is not factored into development standards except parking. Section 2. Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code Ordinance No. 5, Series of 2013 2 of Vail. The Approved Development Plan for Special Development District No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated as approved by the Vail Town Council on March 5, 2013. May 15, 2003." Amendments in the^Apllan � pFFcrl by ResIGGL .�nr! Sullivan, I IL entitled Page AA �� n in Eyhibi#-A--e# Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12- 7A-2, 12-7A-3, and 12-7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5225 acres). Lot E, Block 2, Vail Village 5th Filing shall be 17,707 square feet (0.4065 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Ordinance No. 5, Series of 2013 3 D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty-six feet (56'), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty-two (62) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan,dated1 E, 2-0 3. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty four percent (64%) or 11,380 square feet ° of the total lot area of Lot E, Block 2, Vail Village 5th Filing, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty six percent (26%) or 4,682 square feet ° r E,212 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing shall be landscaped. in no hn6taRGe shall the haFd6Gaped aFeas of the The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Ordinance No. 5, Series of 2013 4 Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge were met. The required deed -restricted employee housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010 or Ordinance No. 5, Series of 2013. Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12-9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12-9A of the Town of Vail Municipal Code. Should the addition pFepesed as W of the FnajGF amendment within GFd*nanGe No. 7, SeFie6 of 2010 not ef 2010, GFd'nanre No. 7, Serie6 of 2010 will be void, thUS Feinstating . Should the addition proposed as part of the major amendment within Ordinance No. 5, Series of 2013 not commence within three years of the adoption of Ordinance No. 5, Series of 2013, Ordinance No. 5, Series of 2013 will be void, thus Ordinance No. 5, Series of 2013 5 reinstating Ordinance No. 7, Series of 2010. Section 2. 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 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code 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 5. 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 19th day of February, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of March, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk ATTACHED: EXHIBIT A: PLANS Ordinance No. 5, Series of 2013 6 AI,Q,,,, -, i 41 --•-------- .-.-.-. .i f11� 1,ic-16) M E-191 x»n-...,,�;r,n., r.�., ;e.:rrr, ,r ,�r M, w�« m;��.. r, n:r,.ry , ee . , m•r r M, m .tiu� �: a(,+.M. ; ,.mrz'.i v 0 i- of -IQ 1 '--� I w I cr c�1 N .� ��, � . . n E 3t1-L TOWER El =%If LOBBY LEVEL GARS. LEVEL i, 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. 5 Series of 2013, on the Town of Vail's web site, www.vailaov.com, on the 6th day of March, 2013. Witness my hand and seal this day of 2013. 3 e 00 •• ammy ail Deputy �O ORDINANCE NO. 5 SERIES 2013 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 7, SERIES OF 2010, RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANDSCAPING FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN ADDITION TO AN ACCOMMODATION UNIT, AN OFFICE AND A MEETING ROOM, AT THE TIVOLI LODGE, LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5TH FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and WHEREAS, Ordinance No. 10, Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert Lazier; 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 re-establish Ordinance No. 7, Series of 2010, to amend the Approved Development Plan and density control requirements, to allow for an increase in gross residential floor area and site coverage, a reduction in landscaping and a change to approved setbacks; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on February 11, 2013 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and Ordinance No. 5, Series of 2013 WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re-establish Special Development District No. 37, Tivoli Lodge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 10, Series of 2007 is hereby repealed and re-enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5th Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37." Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Lot 3, First Amendment, Vail Village 5th Filing, is used for parking purposes only and is not factored into development standards except parking. Section 2. Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District Ordinance No. 5, Series of 2013 2 No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated as approved by the Vail Town Council on March 5, 2013. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12- 7A-2, 12-7A-3, and 12-7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5225 acres). Lot E, Block 2, Vail Village 5 h Filing shall be 17,707 square feet (0.4065 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty-six feet (56), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be Ordinance No. 5, series of 2013 3 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty-two (62) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty four percent (64%) or 11,380 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty six percent (26%) or 4,682 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing shall be landscaped. The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge were met. The required deed -restricted employee Ordinance No. 5, Series of 2013 4 housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010 or Ordinance No. 5, Series of 2013. Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12-9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12-9A of the Town of Vail Municipal Code. Should the addition proposed as part of the major amendment within Ordinance No. 5, Series of 2013 not commence within three years of the adoption of Ordinance No. 5, Series of 2013, Ordinance No. 5, Series of 2013 will be void, thus reinstating Ordinance No. 7, Series of 2010. Section 2. 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 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code 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 5. 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 Ordinance No. 5, series of 2013 5 part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of March, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of March, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk ATTACHED: EXHIBIT A: PLANS Ordinance No. 5, Series of 2013 MIMI '4 x,•s-'.I�i�;34' ie'�'!NR:L_Crt?Ir;:�lc±�:''�'',�...:_��.«r,,: ,5"s:-.:nir.�,�ssM►{. � - ir`�lt� ':':wZ:. ty4!'�l!7�is.La�!!.: s..st;•y',�.. •x:!�w!"!-1��'�_'.i'�i�'�,�47 I I i 1 i 1 I I � I I r.r r ' rr rr i i k 1 1 1 I.v wr r.r i y TIVOLI LODGE Itliz 386 HANSON RANCH RD. LOT E, DLR. 2, VAIL VILLAGE FIFTH FILING VAIL, COLORADO I ,�•'.i:}-'T�:i•:x,-,.*. - - - °+:sac a� �v v� �W V N m O Q or o v0 d'a 0 G N 0 {01 N 7 � N� N O �w S 1 � { I 1 I 1 1�• Y rffi + 1 I ! ± 1 t 1{ { I 1 I I I I 1 Z p I I 1 I iH II 1 1 1 1 Jy r --�---1 --�- ------.-_—_----------._._.._ r� -'•� Reslvck k 5ulllvan, L.L.C. �Y it n K I 0 1562 MOM DKW r.VWM M. CO E0139 (303) 773-9576 Wiliam F. Restock. 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