HomeMy WebLinkAboutOrdinance No. 22, Series 2008, SECOND READING MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: November 4, 2008
SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,
repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village
Inn, amending the approved development plan for Phase III of SDD No.
6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for the conversion of an existing office and retail space to
residential for an addition to an existing dwelling unit, located at 68
Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080049)
Applicant: Colondo Company, represented by Sherman & Howard,
LLC
Planner: Nicole Peterson
I. DESCRIPTION OF THE REQUEST
This SDD major amendment ordinance request includes the conversion of
existing office and retail space to residential for an approximate 1,237 gross
residential square foot addition to existing residential unit #110. The proposed
addition is immediately below the existing unit #110 and includes a new exterior
entrance off the pedestrian plaza on the north side of the building, mudroom,
staircase, media room, two bedrooms and three bathrooms. The proposal also
includes the interior reconfiguration of the existing unit #110 level 105.0' and
minor exterior alterations. The proposal does not include any additions outside
the exterior walls of the existing building. The addition area is currently occupied
by three commercial lessees:
1) Digits Nail Boutique (108 net square feet of retail)
2) Portion of Robinson, Mitchell &Associates (115 net square feet of office)
3) Portion of To Catch a Cook(976 net square feet of retail)
4) Miscellaneous - Interior walls to be removed (38 net square feet)
II. BACKGROUND
The Town Council, at the October 21, 2008 Council meeting, approved
Ordinance No. 22, Series of 2008, on first reading with the foilowing conditions:
1. The Vail Village Inn Homeowner's Association shall address the illegal
demolition of the walkway on the east side of the subject property, by
submitting a Design Review application, prior to the submittal of a Design
Review application for the exterior changes associated with this
conversion.
2. The app►icant shall comply with a►I Building Code requirements for
ingress, egress, and accessibility for Vail Village Inn Phase III which may
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include improvements to the public walkway, along the east side of the
subject property, from the pedestrian plaza to Meadow drive. Compliance
shall be demonstrated in conjunction with Building Permit submittal.
3. The applicant shall install or cause to be installed, a new loading and
delivery connection on the west end of the existing underground parking
garage (Under Building No. 1 in Phase III) that aligns with the Plaza's
existing loading and delivery garage door at the east end of the
underground parking garage, accessed off the South Frontage Road,
prior to the issuance of a building permit.
4. The applicant shail comply with the requirements of Chapter 12-24,
Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of
$37,314.11, prior to the issuance of a building permit.
5. The applicant shall receive Design Review Board approval for the
proposal, prior to submitting a building permit application.
6. The applicant shall facilitate the dedication and recording of the of a
public easement over the existing pocket park located directly north of the
proposed front door of Unit #110 in a form acceptable to the Town
Attorney. A copy of the recorded easement shall be submitted in prior to
release of the Building Permit.
The Planning and Environmental Commission, at their October 13, 2008 hearing,
recommended that the Council approve the request with the following
conditions:
1. The applicant shall address the illegal demolition of the walkway on the east
side of the subject property, by submitting a Design Review application, prior
to the submittal of a Design Review application for the exterior changes
associated with this conversion.
2. The applicant shall comply with all Building Code requirements for ingress,
egress, and accessibility for Vail Village Inn Phase III which may include
improvements to the public walkway, along the east side of the subject
property, from the pedestrian plaza to Meadow drive. Compliance sha�l be
demonstrated in conjunction with Building Permit submittal.
3. The applicant shall install a new loading and delivery connection on the west
end of the existing underground parking garage (Under Building No. 1 in
Phase III) that aligns with the Plaza's existing loading and delivery garage
door at the east end of the underground parking garage, accessed off the
South Frontage Road, prior to the issuance of a building permit.
4. The applicant shall comply with the requirements of Chapter 12-24
Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of$37,314.11,
prior to the issuance of a building permit.
5. The applicant shall receive Design Review Board approval for the proposal,
prior to submitting a building permit application.
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
deny the request based on the review criteria and findings found in Section VII of
Staff Memorandum to the PEC dated October 13, 2008.
Motion to Deny:
Should the Council choose to deny this amendment to a Special Development
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District No. 6, the Department of Community Development recommends the
Council make the following motion:
"The Town Council deny's, the second reading of Ordinance No. 22,
Series of 2008, repealing and re-enacting Ordinance No. 6, Series of
2005, Vail Village Inn, amending the approved development plan for
Phase lll of SDD No. 6, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of an existing
office and retail space to residential for an addition to an exisfing dwelling
unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1,
and setting forth details in regard thereto."
Should the Council choose to deny this amendment to a Special Development
District No. 6, the Department of Community Development recommends the
Council make the following findings:
1. That the amendment is in-consistent with the applicable elemenfs of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is in-compatible with the development
objectives of the Town, based upon fhe review outlined in Section Vll
of the Staff's September 22, 2008, memorandum to the Planning and
Environmental Commission; and
2. That the amendment does not further the general and specific
purposes of the Zoning Regulafions, based upon the review outlined
in Section Vll of the Staff's September 22, 2008, memorandum to the
Planning and Environmenfal Commission; and
3. That the amendment does not promote fhe health, safety, morals,
and general welfare of the Town, and does not promote the
coordinated and harmonious development of the Town in a manner
that conserves and enhances its natural environment and its
established characfer as a resort and residenfial community of the
highest qualify, based upon the review outlined in Section Vll of the
Staff's September 22, 2008, memorandum to the Planning and
Environmental Commission.
Motion to Approve:
Should the Council choose to approve this amendment to a Specia�
Development District No. 6, the Department of Community Development
recommends the Council make the following motion:
"The Town Council approves, with conditions, the second reading of
Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance
No. 6, Series of 2005, Vail Village Inn, amending the approved
development plan for Phase III of SDD No. 6, pursuant to Article 12-9A-
10, Amendment Procedures, Vail Town Code, fo allow for the conversion
of an existing office and retail space to residential for an addition to an
existing dwelling unit, locafed at 68 Meadow Drive/Lot O, Block 5D, Vail
Village Filing 1, and setting forth details in regard thereto."
Should the Council choose to approve this amendment, the Community
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Development Department, consistent with the Planning and Environmental
Commission recommendation, suggests the following conditions:
1. The Vail Village Inn Homeowner's Association shall address the
illegal demolition of the walkway on the east side of the subject
property, by submitting a Design Review application, prior to the
submittal of a Design Review application for the exterior changes
associated with this conversion.
2. The applicant shall comply with all Building Code requirements for
ingress, egress, and accessibility for Vail Village Inn Phase lll
which may include improvements to the public walkway, along the
east side of the subject property, from the pedestrian plaza to
Meadow drive. Compliance shall be demonstrated in conjunction
with Building Permit submittal.
3. The applicant shall install or cause to be installed, a new loading
and delivery connection on the west end of the existing
underground parking garage (Under Building No. 1 in Phase lll)
that aligns with the Plaza's existing loading and delivery garage
door at the east end of the underground parking garage, accessed
off the South Fronfage Road, prior to the issuance of a building
permit.
4. The applicant shall comply with the requirements of Chapter 12-
24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount
of$37,314.11, prior to the issuance of a building permit.
5. The applicant shall receive Design Review Board approval for the
proposal, prior fo submitfing a building permit application.
6. The applicant shall facilitafe the dedication and recording of fhe of
a public easement over the existing pockef park located directly
north of the proposed front door of Unif #110 in a form acceptable
to the Town Attorney. A copy of the recorded easement shall be
submitted in prior to release of the Building Permit.
Should the Council choose to approve this amendment, the Community
Development Department recommends the Council makes the following
findings:
1. That fhe amendment is consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is in-compatible with the development
objectives of the Town, based upon the review outlined in Section
Vll of the Staff's September 22, 2008, memorandum to the
Planning and Environmental Commission; and
2. That the amendment does further the general and specific
purposes of the Zoning Regulations, based upon the review
outlined in Section Vll of the Staff's September 22, 2008,
memorandum to the Planning and Environmental Commission;
and
3. That the amendment does promote the health, safety, morals, and
general welfare of the Town, and does not promote the
coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and
its established character as a resort and residential community of
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the highest quality, based upon the review outlined in Section Vll
of the Staff's September 22, 2008, memorandum to the Planning
and Environmental Commission.
IV. ATTACHMENTS
A. Ordinance No. 22, Series of 2008, second reading
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ATTACHMENT A:
ORDINANCE NO. 22
Series of 2008
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF
2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD
NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND
RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING
UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING
1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, amendments to a Special Development District are permitted
pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the
Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on October 13, 2008 to consider the proposed amendment in
accordance with the provisions of the Town Code of the Town of Vail and forwarded a
recommendation of approval to the Town Council of the Town of Vail based on the
criteria and findings presented in the staff inemorandum; 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
of the 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
WHEREAS, the approval of the major amendment to Special Development
District No. 6, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the
appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public
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health, safety, and welfare to adopt the proposed amendments to Special Development
District No. 6
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
*All additions are illustrated with bo/d ifalics and deletions are illustrated with
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for
Phase III of SDD No. 6, to allow for the conversion of an existing office and retail space
to residential for an addition to an existing dwelling unit.
Section 2. Establishment Procedures Fulfilled, Planninq Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have
been fulfilled and the Vail Town Council has received the recommendation of approval
from the Planning & Environmental Commission for the major amendment to Special
Development District No. 6, Vail Village Inn. Requests for the amendment of a special
development district follow the procedures outlined in Chapter 12-9A of the Vail Town
Code.
Section 3. Special Development District No. 6
Special Development District No. 6, Vail Village Inn, is hereby amended to assure
comprehensive development and use of the area in a manner that would be harmonious
with the general character of the Town, provide adequate open space and recreation
amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, is
regarded as being complementary to the Town of Vail by the Vail Town Council and the
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Planning & Environmental Commission, and has been amended because there are
significant aspects of the Special Development District that cannot be satisfied through
the imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards, Special Development No. 6, Vail Villaqe Inn
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase Ill, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
a. A 1.3. Parking Map
b. A2.1. Leve195.0 Existing
c. A2.2. Level 95.0 Proposed
d. A2.3. Level 105.0 Existing
e. A2.4. Level 105.0 Proposed
f. A2.5. Level 114.4 Existing
g. A3.1 Exterior elevations
h. A3.2 Exterior elevations
i. A5.1. Vicinity Map
The amended Development Plan for Special Development District No. 6, Vail Village Inn,
Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce
Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated
March 1, 2005:
a. A200. Level One Floor Plan
b. A201. Level Two Floor Plan
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c. A202. Level Three Floor Plan
d. A301. North & South Elevations
e. A302. East &West Elevations
Density-Number of Units Per Acre -
The number of dwelling units permitted in Special Development District No. 6, Vail Village
Inn shall not exceed the following:
Dwelling Units Per Acre— 13.25
Density— Gross Residential Floor Area -
The gross residential floor area (GRFA) units permitted in Special Development District
No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall
not exceed the following:
GRFA — 187,798 Square Feet
Other Development Standards
No other development standards are amended by this ordinance.
Section 5. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of the
establishment of Special Development District No. 6, Vail Village Inn:
1. The Vail Village Inn Homeowner's Association shall address the illegal demolition
of the walkway on the east side of the subject property, by submitting a Design Review
application, prior to the submittal of a Design Review application for the exterior changes
associated with this conversion.
2. The applicant shall comply with all Building Code requirements for ingress,
egress, and accessibility for Vail Village Inn Phase III which may include improvements
to the public walkway, along the east side of the subject property, from the pedestrian
9
plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building
Permit submittal.
3. The applicant shall install or cause to be installed, a new loading and delivery
connection on the west end of the existing underground parking garage (Under Building
No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door
at the east end of the underground parking garage, accessed off the South Frontage
Road, prior to the issuance of a building permit.
4. The applicant shal� comply with the requirements of Chapter 12-24, Inclusionary
Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of
a building permit.
5. The applicant shall receive Design Review Board approval for the proposal, prior
to submitting a building permit application.
6. The applicant shall facilitate the dedication and recording of the of a public
easement over the existing pocket park located directly north of the proposed front door
of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded
easement shall be submitted in prior to release of the Building Permit.
Section 6. 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 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 7. 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
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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
previousiy repealed or superseded unless expressly stated herein.
Section 8. 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 21St day of October, 2008 and a
public hearing for second reading of the Ordinance set for the 4`" day of November,
2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4tn
day of November, 2008.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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