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Home My WebLink About2016-11 Repealing and Reenacting Ordinance 11 Series 2014; which Adopted the Approved Development Plan for Phase III of Special Development District No. 6ORDINANCE NO. 11 Series of 2016 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES 2014, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, 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; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 11, Series of 2014, amended the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on May 9, 2016 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 3-1; 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, 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 Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Ordinance No. 11, Series of 2016 1 Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes 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 the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. 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 the development plan for Phase III of Special Development District No. 6, Vail Village Inn. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of this ordinance is to repeal and reenact Ordinance No 11, Series of 2014 to amend the approved development plan for Phase III of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). This amendment increases the allowable GRFA in Phase III from 46,859 square feet to 46,903 square feet, an increase of 44 square feet. Ordinance No. 11, Series of 2014, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with stfikethfeugh, and text not affected has been omitted): Ordinance No. 11, Series of 2016 2 Section 2. Amendment Procedures Fulfilled. Plannina Commission Reoort The approval procedures described in Article 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase III. Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase III are established 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 recreational amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 6, Vail Village Inn, Phase III The amended development plan for Special Development District No. 6, Vail Village Inn, Phase Ill, shall include the following plans and materials prepared by Eggers Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail, dated May 9, 2016 (as may be further amended by the Town of Vail Design Review Board): A. A1.4 Roof Plan, Proposed B. A2.1 South Elevation, Proposed C. A2.3 North Elevation, Proposed D. A2.5 West Elevation, Proposed Ordinance No. 11, Series of 2016 3 11 WIN, - 1 The amended development plan for Special Development District No. 6, Vail Village Inn, Phase Ill, shall include the following plans and materials prepared by Eggers Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail, dated May 9, 2016 (as may be further amended by the Town of Vail Design Review Board): A. A1.4 Roof Plan, Proposed B. A2.1 South Elevation, Proposed C. A2.3 North Elevation, Proposed D. A2.5 West Elevation, Proposed Ordinance No. 11, Series of 2016 3 41. The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase III, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: A. A1.3 Parking Map B. A2.1 Level 95.0 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 Section 5. Condition of Approval for Special Development District No. 6. Phase III. .. . M-1 pl: 111 .. SPeGifiGa • ••. 6rdinance No. 11, Series of 2016 A Conditions applied by the Planning and Environmental Commission in conjunction with the May 9, 2016 recommendation of approval with conditions: 1. The applicant shall mitigate the employee generation impact created by the addition of 836 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. Z The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 3. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting any final planning or building inspection. 4. The applicant shall replace the three (3) existing street lights located along the Frontage Road with Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting any final planning or building inspection. Section 6. Applicability The changes contained in this ordinance shall only apply to the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn. Those changes were contained within the documents associated with the Planning and Environmental Commission Major SDD Amendment, PEC16-0014. No other provisions or requirements of the governing ordinance for any other phase of Special Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this ordinance. Section 7. 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 Ordinance No. 11, Series of 2016 5 1 portions of this ordinance; and the Vail 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 8. The amendment of any provision of the Town Code of Vail 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 9. 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. Section 10. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of June, 2016 and a public hearing for second reading of this Ordinance set for the 21St day of June, 2016, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: 'L S,tAL ..4 ...*-- . Ordinance No. 11, Series of 2016 SRA, ^_ ,44. READ AND APPROVED ON SECOND READING AND ORDER P�IBLISHED in full this 21St day of June, 2016. A , A , 1 in,-mayo ATTEST: Ordinance No. 11, Series of 2016 7