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HomeMy WebLinkAbout2014-15PROOF 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. 15 Series of 2014, on the Town of Vail's web site, www.vailaov.com, on the 8th day of October, 2014. Witness my hand and seal this -�s day of , 2014. +Tamyang I Deputy Clerk (seal) ORDINANCE NO. 15 SERIES 2014 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL CONDOMINIUMS, 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. 17, Series of 1977, established Special Development District No. 8, Fallridge, per the approved development plan; and WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail Town Code, per the approved development plan; 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 reestablish Ordinance No. 17, Series of 1977, to amend the approved development plan, allowing for the conversion of three condominiums from commercial use to residential use, and WHEREAS, said commercial property is an outlying use, while permitted, in what is a predominantly residential area of Vail, and WHEREAS, Special Development District No. 1 established a development plan for the Sunburst Subdivision that was never fully realized due to financial insolvency, leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a much different arrangement and intensity of land uses than originally envisioned, and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on September 22, 2014, on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote -of 7-0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Towns development objectives as identified in the Vail Comprehensive Plan; and Ordinance No. 7, Series of 2013 WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and 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. 8, Fallridge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS: Section 1. The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 8. Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending the development plan for Special Development District No. 8, which eliminates commercial as a permitted use for Lot 2, Sunburst Filing 3. Section 3. Special Development District No. 8, a special development zoning district, is hereby established for the development of a certain parcel of land comprising 1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the addition of the following provisions set forth as "Special Development District No. 8" and a map which shall become an addition to the Official Zoning Map. Section 4. Purposes: Special Development District No. 8 is established to ensure 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. The development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard districts on the area. Section 5. Established: Special Development District No. 8 is established for the development of multi -family dwelling and nnrrmFnernial enterprise on a parcel of land comprising 1.3 acres in the formerly created S4X SDD1 area of the Town Special Development District 8 and said 1.3 acres is referred to as "SDD8". The existing building consisting of -74 74 dwelling units contains approximately 86,000 90,250 square feet of gross residential floor area and appFGXirnately 6,26G square foot pf nommercial spane, and 443 140 underground parking spaces, and shall be included in SDD8. 2 Ordinance No. 7, Series of 2013 Section 6. Permitted Uses: In SDD8 (existing building), the following uses shall be permitted: A) Multiple family residential dwellings. B) AGGesseF�g retail and -ta cnt cnd senrine establishments no+ onsi PYing me than 5,2E9 square feet inoh ding the following - Apparel stores Art. ✓ ti'1"► C2onGarneFa stores and phGtGgFaphiG studies Candy Stores rhlnaware and glassware stores Flcricac Gift stores Hobby stores lewelp/ stores Leather gGeds stores Liquor or stores Newsstands anri toha000 stores Sporting goods steFes Statinpeni stores Toy steFes Variety stores Barhershnps Beauty shops Travel and tinlret agenniec rlelinatessens with feed seniine GGffee shops. RnctAwnnntt G)The lancing or selling of evress parking spares in puler to attempt to i`emctiles generated by deyelcpmcnt D) Add*tional hi lsinesses nr sepiires detep mined to he i?.1ilar to permitted � uses in aGGGFd with the previsions of 10.66.040. hereGf.- Section 7. Conditional Uses: In SDD8 the following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accord with the provisions of Chapter 18.60 12-16, Conditional Uses, Vail Town Code, hereof: A) Public utility and public service uses. B) Public buildings, grounds and facilities. C) Public or private schools. D) Public park and recreational facilities. E) Meeting rooms. 1=) Major arcade so long as it does not have any evterinr frontage on anv_pu blip 3 Ordinance No. 7, Series of 2013 way, spree} walkway, nr Mall -are- Section 8. Accessory Uses: In SDD8 the following accessory uses shall be permitted: A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts. B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of 1 Ef E.1 Z9 Section 12-14-12, Home Occupations, Vail Town Code, hereof. C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. D) MiRar arr ade Section 9. Development Standards: General Density Plan of SDD8, existing building maximum gross residential floor area (square feet): 85,000 90,250. Maximum number of dwelling units: 74 74. W.): E,�Y-9- Underground parking spaces: 443140. Section 10. Recreational Amenities: The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. Section 11. Conditions of Approval: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; 1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. Section 13. 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 4 Ordinance No. 7, Series of 2013 phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 14. 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 15. 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 16. 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 7th day of October, 2014, and a public hearing for second reading of this Ordinance set for the 21 st day of October, 2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of October, 2014. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 5 Ordinance No. 7, Series of 2013 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. 15 Series of 2014, on the Town of Vail's web site, www.vailciov.com, on the 5th day of November, 2014. Witness my hand and seal this .5 day of ���z���, 2014. Tammy gel erk (seal) l ORDINANCE NO. 15 SERIES 2014 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL CONDOMINIUMS, 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. 17, Series of 1977, established Special Development District No. 8, Fallridge, per the approved development plan; and WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail Town Code, per the approved development plan; 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 reestablish Ordinance No. 17, Series of 1977, to amend the approved development plan, allowing for the conversion of three condominiums from commercial use to residential use, and WHEREAS, said commercial property is an outlying use, while permitted, in what is a predominantly residential area of Vail, and WHEREAS, Special Development District No. 1 established a development plan for the Sunburst Subdivision that was never fully realized due to financial insolvency, leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a much different arrangement and intensity of land uses than originally envisioned, and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on September 22, 2014, on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 7-0; 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 Ordinance No. 15, Series of 2014 F WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and 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. 8, Fallridge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS: Section 1. The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 8. Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending the development plan for Special Development District No. 8, which eliminates commercial as a permitted use for Lot 2, Sunburst Filing 3. Section 3. Special Development District No. 8, a special development zoning district, is hereby established for the development of a certain parcel of land comprising 1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the addition of the following provisions set forth as "Special Development District No. 8" and a map which shall become an addition to the Official Zoning Map. Section 4. Purposes: Special Development District No. 8 is established to ensure 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. The development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard districts on the area. Section 5. Established: Special Development District No. 8 is established for the development of multi -family dwelling and GOmmeMial eRteFpFise on a parcel of land comprising 1.3 acres in the formerly created S-DI SDD1 area of the Town Special Development District 8 and said 1.3 acres is referred to as "SDD8". The existing building consisting of 74 74 dwelling units contains approximately 85,980 90,250 square feet of gross residential floor area and appFOXimately 5,25G square foot of nnmme 2iml cpvGe, and 443140 underground parking spaces, and shall be included in SDD8. 2 Ordinance No. 15, Series of 2014 Section 6. Permitted Uses: In SDD8 (existing building), the following uses shall be permitted: A) Multiple family residential dwellings. R\ AooesseQf retail and rvgtmiran meFe hen 6,30 Apparel 6teres Artf'' t s„,^n}}ply steFes and galleried Bee eFes- rcphic a4vAiGs Gandy McFes Ghinme,are a -Rd nlascwaFe stores Cipc�,civAi 'feedster-e nrs /��+er, t'o {�f steFes Hobby motes lewelni stored Leather goods stores Liquor stereo Stationeni stores Toy steFes Variety stores BaFbeF shops Beauty sheps Tr.wel enrJ tiGket agenoieo Delinateooeno with food oeniioe me and Fountains and sandWiGh shops G)T-he leasing 9F selling of eXGess paFkiRg spaGes order to attempt te. aesemme"-1c c►` D)Additionsl "L.vnesses or oeniiGeo determiReid to be nimilcF to peFn;o teed ices in aGGGrd with the provisions of 10.66.040. heFeaf. Section 7. Conditional Uses: In SDD8 the following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accord with the provisions of Chapter 18.6912-16, Conditional Uses, Vail Town Code, hereof: A) Public utility and public service uses. B) Public buildings, grounds and facilities. C) Public or private schools. D) Public park and recreational facilities. E) Meeting rooms. 3 Ordinance No. 15, Series of 2014 way, stFeet, , r moll crsa- Section 8. Accessory Uses: In SDD8 the following accessory uses shall be permitted: A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts. B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of42,Ei,1?4 Section 12-14-12, Home Occupations, Vail Town Code, hereof. C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. Section 9. Development Standards: General Density Plan of SDD8, existing building maximum gross residential floor area (square feet): 95,000 90,250. Maximum number of dwelling units: 74 74. Underground parking spaces: 443140. Section 10. Recreational Amenities: The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. Section 11. Conditions of Approval: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; 1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. Section 13. 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 4 Ordinance No. 15, Series of 2014 a o phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 14. 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 15. 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 16. 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 7th day of October, 2014, and a public hearing for second reading of this Ordinance set for the 4th day of November, 2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2014. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 5 Ordinance No. 15, Series of 2014