HomeMy WebLinkAboutPEC130002 Tivoli Packet 021113
To: Planning and Environmental Commission
From: Community Development Department
Date: February 11, 2013
Subject: A request for a recommendation to the Vail Town Council for a major amendment
to a Special Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to amend Special Development District No. 37,
Tivoli Lodge, to amend the approved development plan to increase gross residential floor area and site coverage and amend the approved setbacks, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and
setting forth details in regard thereto. (PEC130002)
Applicant: Robert Lazier
Planner: Rachel Dimond
I. SUMMARY
The applicant, Robert Lazier, is requesting a recommendation to the Vail Town Council
on a major amendment to Special Development District No. 37, Tivoli Lodge, to allow
for an increase to gross residential floor area and site coverage, and an amendment to the approved setbacks.
Staff is recommending approval, with conditions, of the applicant’s proposal, based
on the criteria established in Section VII of this memorandum. Staff’s recommended conditions include the elimination of the office addition and modification of the flat roof
dormer on the north elevation.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a major amendment to Special Development District No. 37,
Tivoli Lodge. The request includes:
• Addition of 1,005 square feet of gross residential floor area to accommodation unit #520 to create a 2,220 square foot three bedroom suite
• Addition of 180 square feet to the office on first floor, an increase from 200
square feet to 380 square feet, which adds 180 square feet in site coverage and reduces landscaping by 180 square feet
• Addition of 450 square feet to convention room above existing garage, an
increase from 950 square feet to 1400 square feet, which changes the rear
Town of Vail Page 2
setback on the first floor to zero feet (already zero feet in this location below grade) and reduced landscaping by 450 square feet
• Combination of three dormers on north elevation into one flat roof dormer
This proposal results in the following changes to SDD #37:
• Amendment to Section 2, Development Plan to include new pertinent plans.
• Amendment to Subsection 3E, Density Control, to increase total GRFA from 27,901.5 square feet to 28,906.5 square feet, and an increase of AU GRFA from 24,451 square feet to 25,456 square feet.
• Amendment to Subsection 3F, Site Coverage, to increase total allowable site
coverage by 180 square feet from 11,200 square feet to 11,380 square feet.
• Amendment to Subsection 3G, Landscaping and Site Development to reduce
minimum landscaping by 630 square feet from 5,312 square feet (30%) to 4,682
square feet (28%)
• No changes to number of parking spaces
III. BACKGROUND
Special Development District No. 37, Tivoli Lodge, was established by Ordinance No. 12, Series of 2003. The SDD allowed for increased height, loading and delivery in the
front setback and a deviation from required parking. The Tivoli Lodge provided one on-
site employee housing unit, streetscape improvements, a paved walkway on Hanson
Ranch Road and paid a transportation impact fee for increased vehicle trips. The Tivoli
Lodge received their certificate of occupancy in 2005.
On May 18, 2010, the Vail Town Council adopted Ordinance No. 7, Series of 2010,
which allowed for the conversion of a meeting room to an accommodation unit. The
Tivoli Lodge received a building permit for the conversion on December 29, 2010 but allowed the permit to expire before any work commenced. A second building permit was issued on October 19, 2012 and is still active.
IV. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Residential Public Accommodations
South: Open Space Agriculture and Open Space
East: Residential Public Accommodations West: Open Space Agriculture and Open Space
V. ZONING ANALYSIS
Legal Description: Lot E, Block 2, Vail Village 5th Filing Zoning: SDD No. 37, Public Accommodations (PA) District
Lot Size: 17,707 square feet/ 0.4065 acres
Town of Vail Page 3
Development
Standard
Allowed
PA District
Allowed
SDD No. 37
Proposed Net
Change
Dwelling Units/Acre 25 DU/acre
unlimited EHU, AU, FF/TS
1 DU
62 AU 1 EHU
1 DU
62 AU 1 EHU
No change
GRFA (max) GRFA- AUs 41,430 sq ft 27,901.5 sq ft 24,451 sq ft 28,906.5 sq ft 25,456 sq ft +1,005 sq ft
Site Coverage (max) 65%/ 11,510 sq ft 63%/ 11,200 sq ft 64%/ 11,380 sq ft +180 sq ft
Landscaping (min) 30%/ 5,312 sq ft 30%/ 5,312 sq ft 26%/ 4,682 sq ft -630 sq ft
Setbacks 20 feet Per approved plan Per approved plan Decreased
rear
setback
Parking (min) 51 spaces* 40 spaces 40 spaces** No change
Height (max) Sloping roof 48 feet 56 feet 56 feet No change
*Increase in meeting room from 950 sq ft to 1400 sq ft requires 2 additional parking
spaces. ** 22 spaces on site. Lot 3, First Amendment, Vail Village 5th Filing, also part of SDD 37
provides 18 spaces. No new spaces being proposed and 11 space deviation is being
requested.
Use Parking requirement Spaces required
1 DU 1.4 spaces/ DU 1.4 spaces
1 EHU 1.4 spaces/ DU 1.4 spaces
62 AU 0.7 spaces/AU 43.4 spaces
1,400 sq ft meeting room 1 space/330 sq ft 4.24 spaces
TOTAL 50.44= 51 spaces
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal (Note: Click on the underlined sections for links to the documents. You will need internet connection to access links):
Vail Land Use Plan
• Goals: 1.0 General Growth/Development & 3.0 Commercial
Vail Village Master Plan
• Goal #2:
• East Village, Sub-Area (#7)
Town of Vail Page 4
• #7-2 Tivoli Lodge Infill
Title 12, Vail Zoning Regulations, Vail Town Code
• Chapter 12-1, Title, Purpose And Applicability
• ARTICLE 12-9A: SPECIAL DEVELOPMENT (SDD) DISTRICT
VII. REVIEW CRITERIA
The Vail Town Code provides nine design criteria, which shall be used as the principal
criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each of the following
standards, or demonstrate that one or more of them is not applicable, or that a practical
solution consistent with the public interest has been achieved.
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation.
Staff believes many of the proposed changes to building design are compatible
and sensitive to the immediate environment, neighborhoods and adjacent
properties. However, Staff believes the proposed first floor office addition on the
north side and the change to the dormers on the north elevation are out of character and visual integrity with the rest of the building. The office addition creates a conflict with the adjacent entry as the new roofline is not architecturally
compatible with the existing façade and changes the nature of the entry to the
building. The flat roof dormer proposed on the north side of the building is
uncharacteristic of the architectural character of the building and the varied
architecture in the surrounding neighborhood. The dormer would fit the character of the building if it had a sloped roof form similar to the dormer on the south
elevation. With these modifications, Staff believes the proposed dormer would
comply with this criterion.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Staff believes that the proposed additions to the existing accommodations unit,
meeting room and office provide a compatible, efficient and workable relationship
with surrounding uses and activities. There is a need for hot beds in this neighborhood, and this addition will help supply this need with a larger three
bedroom suite. A larger meeting room improves a workable relationship between
this building, Vail Village and the nearby ski mountain, as groups who visit Vail
need a variety of meeting rooms for events. The neighborhood has similar uses
Town of Vail Page 5
and density, which is compatible with the Tivoli Lodge. Staff believes the proposal meets this criterion.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10, Vail Town Code. At the establishment of this SDD, a reduction in parking was provided, allowing
40 spaces instead of 48 spaces as required by Chapter 12-10, Vail Town Code.
In 2010, meeting space was converted to an accommodation unit, which reduced
required parking to 47 spaces. Typically, when changes of use applications are
submitted to the Town of Vail, parking is assessed for the change in use and not for the entire project. The proposed amendments would require an incremental 2
parking spaces. Because this is an SDD, an overall analysis was performed for
parking on the overall site, resulting in a total of 51 required spaces for this site.
Use Parking requirement Spaces required
1 DU 1.4 spaces/ DU 1.4 spaces
1 EHU 1.4 spaces/ DU 1.4 spaces
62 AU 0.7 spaces/AU 43.4 spaces
1,400 sq ft
meeting room
1 space/330 sq ft 4.24 spaces
TOTAL 50.44= 51 spaces
The 40 spaces provided by this SDD (22 on site and 18 on Lot 3, First
Amendment, Vail Village 5th Filing) would now create a deficit of 11 spaces.
Therefore, the proposal requires increased deviation from the requirements of Chapter 12-10, Vail Town Code. However, the meeting room space will likely be
used by hotel guests or people who are walking or taking buses from other
locations in Vail Village and Lionshead and would not generate a need for
additional parking. Staff believes the existing 40 spaces is adequate for the
Tivoli Lodge. D. Conformity with the applicable elements of the Vail Comprehensive Plan
and Town policies.
Staff believes that this application complies with certain elements of the Vail Comprehensive Plan and Town policies. Specifically, the application complies
with the Vail Village Master Plan, which states “the development of short term
accommodation units is strongly encouraged.” Further, this application meets
the goals of the Vail Land Use Plan, including accommodating “most of the
additional growth in existing developed areas (infill areas).” The Vail Land Use Plan also calls for hotels to be located in Vail Village and Lionshead, which this application continues to do.
Town of Vail Page 6
Staff finds the proposed shed roofs on the first floor additions conform to the Vail Village Design Consideration, which states “Shed roofs are frequently used for
small additions to larger buildings.” Staff believes the proposed flat roof dormer
does not conform to the Vail Village Design Considerations, which states,
“The current expression, and objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and
pedestrian streetscape, and to avoid roofs, which tend to stand out
individually or distract visually from the overall character…
Freestanding shed roofs, butterfly roofs and flat roofs can be found
in the Village but they are-generally considered to be out of character and inappropriate.”
However, Staff believes the proposed flat roof dormer can be modified to match
the dormer on the south elevation, which would then comply with the above design considerations. Staff finds this proposal does not require mitigation of employee housing.
Accommodation units are assessed for employees per unit, and no new units are
being added. The office and meeting room space are considered accessory to
the lodge use, and thus, are not separately assessed employee housing. Staff
believes that no further mitigation of development impacts should be required for this application because of the minor nature of the proposed changes, and the
positive impacts of a larger AU in Vail Village.
E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.
Staff believes that the proposal is in compliance with this criterion, as there are
no natural or geologic hazards that need to be mitigated.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to
natural features, vegetation and overall aesthetic quality of the community.
Staff believes the proposed additions are not responsive and sensitive to natural features and vegetation. While no trees need to be removed, landscaping is going to be removed. However, the removal of vegetation is mitigated on the
north side with the existing evergreen trees that will block the addition. On the
south side, the undevelopable open space directly adjacent to the property
provides a natural buffer that allows the addition to remain sensitive to overall
natural features. The office addition on the north side seems out of place and not compatible with the existing architecture, and thus, is not responsive to the
overall aesthetic quality of the community and the building itself.
G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.
Town of Vail Page 7
Staff believes that this proposal complies with this criteria, as the circulation system that is designed for both vehicles and pedestrians will not be effected.
H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions.
Staff believes that this application will affect landscaping, as it reduces
landscaping by 180 square feet on the front (north) side of the building, and by
450 square feet on the rear (south) side of the building. Trees to be removed will
be relocated on site. While landscaping is being reduced, it will have minimal
impact on the optimization and preservation of natural features, recreation, views and functions.
I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.
Staff believes that this criteria is not applicable, as there is no phasing plan or
subdivision plan to be enacted as part of this project.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria described in Section VII of this memorandum and
the evidence and testimony presented, Staff recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions,
to the Vail Town Council for the applicant’s request.
Should the Planning and Environmental Commission choose to forward a
recommendation for approval, with conditions, for this major amendment to a special
development district, the Department of Community Development recommends the Commission pass the following motion:
“Based upon the review of the criteria described in Section VII of the Staff
memorandum to the Planning and Environmental Commission dated February
11, 2013, and evidence and testimony presented at this hearing, the Planning and Environmental Commission forwards a recommendation of approval, with
conditions, to the Vail Town Council for the applicant’s request for a major
amendment to a Special Development District, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to amend Special Development
District No. 37, Tivoli Lodge, to amend the approved development plan to increase gross residential floor area and site coverage and amend the approved
setbacks, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th
Filing, and setting forth details in regard thereto.”
Town of Vail Page 8
Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the
Planning and Environmental Commission pass the following conditions:
1. This approval does not include the office addition on the north elevation because
this element of the proposal is not architecturally compatible with the structure. 2. The proposed flat dormer on the north elevation shall be amended to match the
dormer on the south elevation.
3. The applicant shall receive permission from the adjacent property owner (Vail
Associates) for access for construction in conjunction with any building permits.
4. Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application.”
Should the Planning and Environmental Commission forward a recommendation of
approval of this application, the Community Development Department recommends the Planning and Environmental Commission make the following findings:
“Based upon the review of the criteria outlined in Section VII of this Staff
memorandum to the Planning and Environmental Commission dated February
11, 2013, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the proposed major amendment to Special Development District No. 37,
Tivoli Lodge, complies with the nine design criteria outlined in Section 12-9A-
8, Vail Town Code.
2. That the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented, that any adverse effects
of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided.
3. That the request is consistent with the development goals and objectives of
the Town.”
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant’s request
C. Architectural Plans
D. Draft Ordinance No. 5, Series of 2013 E. Tivoli existing and proposed photos and elevations
TO: Rachel Dimond
Town of Vail
Community Development FROM: William Reslock, Architect
DATE: January 31, 2013
RE: Tivoli Lodge 386 Hanson Ranch Road
REMODEL
______________________________________________________________________________ We are proposing various alterations to the existing Tivoli Lodge at 386 Hanson Ranch Road.
This will be a major amendment to the existing SDD.
1. We are proposing an addition to the existing Room 520, to create a three bedroom suite.
This will be an addition of 1005 sf of finished space utilizing existing unfinished floor area. In order to achieve this, we will be adding two dormers to the existing roof as
shown on Sheet A5.4 on either side of the ridge on the left side of the page.
2. On the hallway on Level 4, we propose a dormer addition to the north side. This addition utilizes existing attic storage space. The dormer design will help stop the shedding of ice and snow off the roof to the ground below. This is visible on Sheet A5.3.
3. An office addition of 180 sf to the existing 200 sf office will create a larger
administrative space of 380 sq which is greatly desired. This will result in an additional
180 sf of site coverage. The elevations on sheet A5.4 and A5.5 show the materials will match the existing building.
4. We are proposing an addition to the convention room of 450 sf with the existing 950 sf
room. This will create a space of 1400 sf, which will greatly increase the hotel's ability to attract meeting and conferences during the fall, spring and summer. This will not result in any additional site coverage because it is located over the existing parking level.
5. Additional exterior improvements included four French balconies on the north side and
six new French balconies on the south side to improve the existing room quality. There
will also be three new patios outside of the existing rooms on the south side to improve quality.
Ordinance No. 5, Series of 2013 1
ORDINANCE NO. 5 SERIES 2013
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 7, SERIES OF 2010, AMENDING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANSCAPING 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 ACCOMODATION 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 amend and 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
Attachment C
Ordinance No. 5, Series of 2013 2
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 amend 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 strikethrough)
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).
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
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
Ordinance No. 5, Series of 2013 3
plans prepared by Resort Design Associates International, entitled "Tivoli
Lodge Approved Development Plan Office Copy, dated May 15, 2003.”
Amendments made by Ordinance No. 7, Series of 2010 are outlined in the
plan prepared by Reslock and Sullivan, LLC entitled “Tivoli Lodge Page
A2.0 dated as revised on Feburary 8, 2010” which are shown in Exhibit A
of Ordinance No. 7, Series of 2010. Amendments made by Ordinance
No. 5, Series of 2013 are outlined in the plan prepared by Reslock
and Sullivan, LLC dated December 21, 2012.
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.
D. Height: The maximum allowable building height for Special
Development District No. 37, Tivoli Lodge shall be fifty-six feet (56'),
Ordinance No. 5, Series of 2013 4
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, dated May 15, 2003. 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 sixty-three percent (63%)
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 thirty percent (30%) or 5,312 square feet
of the total lot area of Lot E, Block 2, Vail Village 5th Filing shall be
landscaped. In no instance shall the hardscaped areas of the
development site exceed twenty percent (20%) of the minimum
landscaped area. 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 5
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 proposed as part
of the major amendment within Ordinance No. 7, Series of 2010 not
commence within three years of the adoption of Ordinance No. 7, Series
of 2010, Ordinance No. 7, Series of 2010 will be void, thus reinstating
Ordinance No. 12, Series of 2003. 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.
Ordinance No. 5, Series of 2013 6
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
Existing North Elevation
Existing South Elevation
Existing West Elevation
Existing East Elevation
Existing Level 5