HomeMy WebLinkAboutOrd 5, series of 2013_Tivoli Lodge_First Reading 021913 Approved Foley_Rogers_7-0-0ORDINANCE 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Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert Lazier; and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
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 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). 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 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 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.
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:
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.
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).
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.
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.
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:
Accommodation Units (62): 24,451 square feet
Dwelling
Unit (1): 3,000.5 square feet
Type III Employee Housing Unit (1): 450.0 square feet
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.
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.
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 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.
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