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HomeMy WebLinkAbout1987-14 Amending Ordinance No. 1, Series 1985, to Provide for the Amendment of the Approved Development Plan for Special Development District No. 6.:' ~ a • 1 ORDINANCE N0. 14 Series of 1987 AN ORDINANCE AMENDING ORDINANCE N0. 1, SERIES OF 1985 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0. b; ADOATING AN AMENDED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT N0. 6, ELIMINATING CERTAIN REQUIREMENT'S RELATING TO THE DISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT N0. b; CHANGING THE HEIGHT REQUIREMENTS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT N0. 6; CHANGING THE ALLOWABLE DENSITY AND MODIFYING THE BUILDING BULK STANDARDS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PfIASE IV AND V OF SPECIAL DEVELOPMENT DISTRICT NO. 6; AND SE~fTING FORTH DETAILS IN REGARU THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Vail as faliows: Section 1, Legislative Intent is hereby repealed and reenacted with amendments to read as follows: Section 1. Legislative Intent A. In 1976, the Mown Council of the Town of Vail passed Ordinance No. 7, Series of 19Th, establishing Special Development District Na. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No.6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. b for goad cause through the ene~ctment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance #1, Series of 1985, providing certain amendments to the development plan for SDD NO. 6. D. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development pi an for Special Development District No. 6 as they relate to Phase IV. E. The Planning and E:nvironmenta1 Commission af~ the Town of Vail has reviewed the changes submitted by the applicant and has recarnmended that Special Uevelopment District No. 6 be so amended. F. The Tawn Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Tawn and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail. ,~- , • • ~J Section 2. Section 18,50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use of an 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 objectives of the Zoning Ordinance of the Town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special developrent which cannot be satisfied under the existing zoning. Section 18.50.040 Development Plan -- Cor~tents is hereby amended to read as follows; The proposed development plan shall include, but is not limited to, the fol]owing data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, II, III, and as supplemented by the exhibits of the development plan and the environmental impact report as prepared by Gordon R. Pierce, Architect, (plans dated February 19, 1987, revised April 14 and April 22, 1987), and as given final approval throug#~ passage of second reading of this ordinance by the Town Council on May 19, 1987 f`or Phase IV and Phase V. This approval recognizes that Phase IV may be construc9;ed in two phases with the first phase to be referred to as Phase IV and the final phase to be referred to as Phase V. Section 3. Section 18.50.040 F is hereby amended to read as follows: E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 of the site and proposed development documented by photographs at a scale of 7 inch equals 16 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phases IV and V, a volumetric model as amended by Got°don Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phases IU and V, to the site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in Special Development iVo. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.D50 Permitted Uses The permitted uses in Phases I, II, III, IV and V of Special Development District 6 shall be in accordance with the approved development plans on file in ~ ': the Town of Vail Comrriunity Development Department, Section 5. Section 18.50.060 Conditional Uses in Special Development District No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.050 Conditional Uses Conditional Uses for Phases I, II, III, IV and V of Special Development District No. 6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. iwxcept, na office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV and V. Section 6. Section 18.50.110 Distance Between Buildings is hereby amended to read as follows: 18.50.110 Distance Between Buildings Igor Phases I, II and III the minimum distance between buildings an adjacent sites shall be as indicated in the development plan, but in no case shah be less than 50 feet. For Phase IV AND V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (dated February 19, 1987, revised April 14 and April 17, 1987). Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the a1lowab1e heights sha~il be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phases IU and V, the maximum building height shall be as set forth in the approved development plan by Gordon Pierce, Architect (dated February 19, 1987, revised April 14 and April 17, 1987). Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential Floor Area (GRFA) of all districts in the Special Development District shall not exceed 120,500 square feet. There shall be a minimum of 148 accommodation units and 57,367 square feet of GRFA devoted to accommodation units in Phase iV and V of Special Develoment District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants `} Royston, flanamnta, Beck and Abey on February 12, 1975. Fnr Phases IV and V, building built, maximum wall lengths, maximum dimensions far building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). Section 10. Section 18.50.180 Parking and Loading is hereby repealed and reenacted with amendments as follows: 18.50.180 Parking and ~.oading Following the completion of Phases IV and V, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect {dated February 19, 1987). The proposed site plan dated February 19, 1987 reflects the interim parking plans between the development of Phases IV and V. Section 11 is hereby repealed and reenacted with amendments to read as follows: Section il. Conditions of approval for the development plan of Phases IV and V of SOD6 as submitted by Gordon Pierce {dated February 9, 1985, revised April 14 and April 22, 1987), shall be as follows: 1. That the developers and/or owners of Phases IV and U participate in and do not remonstrate against an improvement district for improvements to the intersection of Vail Road and Meadow [)rive if and when one is farmed. 2. That the developers and/or owners of Phases IV and V participate in and do nat remonstrate against establishing a pedestrian linkage from Phases IV and V to a future commercial expansion at the Sonnena1p Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for reconfiguration of the pull-off area from the Frontage Road to the f~ntrance to the hotel prior to the issuance of a building permit far Phase V. 4. The developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances, such condominium unit of approximately 3,986 sq. ft. in size and to be located as indicated an the plans and specifications submitted with the application. There shall be no provisions placed an the condominium unit restricting the Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. _q._ ~ ~ ~ 5. !Vo grading permit, building permit or demolition permit relating to Phases IU or V of Special Development District No. 6 shall be issued until such time that reasonable evidence is provided the 'own of Vail staff that construction financing far the improvements to be constructed as part of Phases IU or V has been obtained. 6. Restrictions on any units in Phases IV or V which would be condominiumized shall be as outlined in Section ].7.26.075 of the Vail Municipal Code and any amendments thereto. 7. Upon the issuance of a building permit for the construction of any phase of SDOii6 subsequent to Phase IU, the developer a.nd/or owner of said phase shall reimburse the Town of Vail for expenses incurred in facilitating the relocation of the ski museum (into Phase IV} of an amount not to exceed $75,000. 8. Any remodel or redevelopment of the remaining portion of SDD6 commonly referred to as Phase V shall include parking as required by Ordinance 1, Series of 1985. Section 12. If any part, section, subsection, sentence, clause or phrase of this ordinance is far any reason he~fd to be invalid, such decision shall not affect the va1ildity 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 ar phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 13. The repeal or the repeal and reenactinn of any provisions of the Vail Municipal Code as provided in this ordinance sha11 oat 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 ar by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. '„ ~ ~ IN`r'RONLICED, i2CIlD AND pAS5~D 4N FIRST READING TilIS 5th day of Mav, 1987 and a public hearing shall be held on this ordinance an the 19th _ day of May 1987 at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Order d;p ~ ~l "she - i.n ,ul l this 8th day of Ma.v 1987. ~~~' , ,~ Raul R. ,lo ~ ton, Mayor ATT.~ST: ~~ Ramela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND REAPING AND ORDERED PUBLISHED in full this 19th day of Nia.y 1987. A ; f_._. ~,~, . / ~~/ Pte` ~_i` Paul R. Stan, Mayor ,ATT. ST: a' Ramela A. Brandmeyer, Town Clerk ~ ` ~ ~ pRC)OF OF PUBLICATION STATE OF COLORADO ) )) ss. COUNTY Of EAGLE ALLEN KNOX I, _ ----.-___._-'---~---.--.. _ -_--_- do solemnly swear that I am Trlrb].i.STler the - _ ........-.._._.. _.- _.. of TLI[ VAII. TRAIL; that the same is a weekly newspaper printed, In whole or in part and published In 1ho County o} Eagle, Stale of Colorado, and has n EJo11ou.11 rlrculaflolz Ihnrnin; fluff sold rlewspappor has txfon puhllshed continuously and unlnlerniptocTly In sold County of Eayle [or a prsrkod of more than fifty-Iwo consec:ufive weeks naxl prior to the first publication of the annexed Legal notice or advertisomont; 1ha1 said newspaper ties been admitted to the United Stabs mails as second class mailer under the provisions of the Act of March 3, 9879, or an amef~dmonts thereof, and thot said newspaper Is a w©ekly newspaper duly qualified for puhllshing fagot notices and advertisements within the meaning of the laws of the State of Colorado. Thp1 fhe annexed legal nofice or advorfisement was published in the regular and entire Issue of every numger of said weekly newspaper for tT1e period of 1 consecutive insertions; and that the first publlcatlan of sold nofice was In rho issue of said newspaper dated ._.__,...--~-~ g? _.__-,4D. 19~~ and that ttTe last publication of sold nofice was in the Issue of sold newspaper dated _._.._. ~ . ----._... _./1.f3. 99.-_..__.. In witness whereof I have Hereunto set my hand this _ ~'~~ -I day of -----r'A ~--_-._~AD. 19 ~~ 1 Subscribed and sworn to ~lh me, a notary pubif~ln ancf~a~hle County of Eagle, State of Colorado, this __~ ~m day of ~ ~ A.p, 99 ~~ iNy commission expires ~ + ~ ~ 3 ` ~~~~-_ B. Section 18.50.139 Builtling amended tv mad as fonawa: submitted byy conauitanla Royslan, Hanamolo, Beck and Abey on Februaryy 12, 1875. For Pheeae IV entl V, building bulA, maximum wall lenglha, maximum tllmq alone far building eiemanls, requl<emente for wall ottaete and vertical alapping of roof 6nea shall tre es Intllmtetl ea per the apprevetl development pJana aubmhtetl by Qordon R. Pierce, Archltoct (dated February 19, 1987, revleetl April i1 and April 22, 19571. BECTH7N SO. Sedfon 18,50.180 ParNInR end LoedlnB Is hereby repealed and reenacted with amandmenta es lollowa: 1&50.150 Parking and Loading FollowlnB the compfellon o1 Pheae9lV entl V, there shalt pe not leas than 1 R auriaca parking spaces 324 underground pperking spaces and 37 underground vale! perkingp apacea as ere ezke0ng end ea pravfdea on the tlerelopmenl plan submltlad by Oardon R. Pierce. Archltoct (dMetl February 19, 1857]. Tha prapoaetl ells ppfen dated Februaryy 19, 1957 tellecla the in[erlm pmking pienabetvrean the davelopmanl al Phases IV and V. SECTION 11. Condltlona a1 eDArovsl for iha aevelapmant plan of Phaaa Iv and V o1 SDDB es submltlad by Gordon Pierce (dated February 9, 1985, revised April 14 end Aprll22. 1987], shall be ea FoSlows: 1. ThM the develapera and/or ownem of Phases 1Y entl V parllcipate In end tlo not remanssrele agalnslan Impravemantdfatric[far atappingg of roof Iinea for Phaaea 1, Flantl 111 shall be Intllcatetl on the tlavBlapmanl plan m me pun-an area vom me r Sha entrance to the hotel pnarb a builtling parm+l far Phase V. q. Tha tleveiopers andlar ow agree to lranefer by ganafal a Iceman as mmcarae on me plena and apeclllcalhona aubmlllod wllh [he appFlcMlan, There shall he no provisions placed on the condominium unit reatrlcling the Town of Veil's u99 Of Iha un{t or the auhsequant aubdlvisfon and/or eels of the unit. 5. Na grading permll, building permll or demollllon permll relining Iv Phaaea IV or V of Spedel Oevelapmonl District Na a shell h0 leaved unh€ ouch lime (het roaavnable evidence la proWtletl the Town o{ Vafl Mali that conalruction Ilnencing for the improramanta to be Conelmcted as part o1 Phaaea IV or V has hood ohtalnetl. 6. Resldcllons on any voile in Phaee lV or V which woultl La condominEUmlzad shall be sa oulNned €n Sedlon 17,25A75 a1 the Ypll MuniWper Cada. 7. Upon she Issuance al a builtling permh for iha construction o1 any phase of SOD No. S subaequenl to Pnasel fhe developer and/or owner of Bald phase aheil reimburse the Town of Vail for expentee Incurred In fecll;latlnp the relacslEon of the akl museum 11nlo Phees IVI cl an amount not to exceed f76,060. SECTION S4. II any pert, section, mheecllon, sentence, clause or phreae of fhla ardlnance 1a far any raaton haltl to he Invalid, ouch tlecielon shall not affect the valltllly q! the remeinlnp poniona of this ortllnance; and the Town Covndl hereby dedsras It would have passed Ihla oMlnence, end each part, eecllon, aubaecllon, aentantb, slaves or phreae ehereol, regartlleaa of the fact that any one or more claw~es or plhrasey 6e declared Inver d lances, SECTION i3-The repeal of the 7e"pedrithtl faehactivh tlF any provis]ons. 1 the'V0U MunidpaF Coda as pfovitled In thla oroinanca ahaq not aftadh any right Which has accruatl, any tluly Imaaaed .any vlolaflop Iha! CCCOrrad prior !0 1hi' effedtlve Bete .hereof, any prosocullon commented. nor any other action or proceeding as commenced under or by virtue of the pravigion repealed or repealed and reenacted. Tha repeal of any provUion hereby shall not ray€ve any provision or any ordinance prevlvualy repealed or `.ouperaetled uNesa exproeaty Mated nareEn. ' INTRODUCED, REAb AND PASSED ON FIRST REAOINO ANp ORDERED PUBLISHED ONCE IN FULL Ihta 5th tloyy of Meyy, 1967 sod a putrllc hearing shell be n0td on Ihla ordinance an the 18th day o1 May. 1887 et 7:30 p.m. In the Caundl Chambers aT the Valr Municipal Bulid3ng, Vell, Colorado. TOWN OF NAIL Paul R. Johnalan Mayer ATTEST: ~.• Pamela A. $rarttlmeyer " '- 7pwn Clerk ' Rubllahed fn Tha Yell Troll on Maya 1987 '~ '~ ... ' Public Noti~~:~ ..; ;. Tprii~I1J'71ifClNtS:tY~ Serle4 OS 1987 , AN ORDINANCE AMENDINp pRDINANCE r Nt},15ERIE$OF~iQBSTO PROVIDE FOR 7HE ~" ~~ AMENDMENT-OF THE APPROYEb~ .OEYELQPMEN7 P_LAN~FOR,,;BP$CML is r1EUUrREMENTS FOR PHASE iV OF SPECIAL'DEVEI.OPMFNT NOW, THEREFOflE, $E IT ORDAINED BY THE TOWN COUNCIL OF THE 7pWN OF VAIL, COLORADO AS FOLLOWS: BEC71gN ~. Legisl0tive In1on1 A. In 1970, the Town Council of the Town of Vail paas0tl prtllnance Nc. 7, Series of 197fi, eatahllshln8 5pealel Devsropmem biatdct No.O to Insure the un}lletl and coordinatetl development of a cribel slle ae a whole end In a manner svltebEa for the a+ea In which II was altuared. $. Special Develop ant plstrict No. B provitletl In Section 14 lhal the Town Council eservatl Me right to ebrogatear msdlq Special ~evelopmen! UlatrFCt No 0 for good caves through the enactment ~1 an Ordlnanca In cgnlormrly with the toning code o1 the Town of Vail. C. In 198.5, the Town Goundt o1 ma Town o1 Vail peaaed Ordinance No. 1, Serlsa a11g65, tleveloQrnnent plan far SOO No Banta 1c fhe' D. Application has Leon made to the Town o1 Vail 10 modify end amend CBAaln aectlone c1 9pecVal Davclopmant DialrfctNO:Bwhtchtelate to Phase IV sad which make certain changes in the development plan for Speclel Deretopmanl DIBMCt No. $ as they relate id Phaee 1V. E. Tha Plannlna end Enrlrnwmemwl racommentletl that Special ~ Development Oielrld No- 8 be so emended.' F. The Tawn Council conaltlere that the emendmenta pprovttle an evenmore unified end mare aealhe11C811y p}eesing development of a critical alts within iha Town end that aUah amendments are of bene11116 the McHh, Safety and welfare of the Inhabltenta of Iha Town a1 Vail. SECTION Z. Seclfon 16.Iio,ORB Purpose h hereby emantlatl !p reed as Pollowe: A Special Development District la aelahlUhep to ensure cornpreheneWe deraldpment end use of an area In a manner /hat wouN be harmonlvua wltA the general chereder o1 fhe Town, provitle adequate open apace and recreMlon ~ ementtlea. and promote the obJoctlves of Iha 2onlnq Ordinance of the Town. Ordinarily, a apeclel development tltalrlCt.' wIH be C.aated only when the '~, ~ development Fe regarded ea complementary to the Town by U10 Town Chunclt, Planning ~OOmmlaelan end Oeelgn Revlsw Board, and ' 'there ere elgnlllcsnt eapeela of the apeclel tlevalopmant Whleh cenrrol he satlaflad under I fhe existing zoninngg - e•=~~ ,- _~9eclton 10.50,046'Developminl Plea."-- ^ I es ! co At ~n t tle ~' Im an gip of aacantl io be referred to as pheee.V}'~"~'~'~~~~`-"-~ -' '. BECTION'& 3eckion ~8.fo0.040 EA hele6y emended IO reatl ea foflawei'-•:^~i'' ' - E. For Phases 1,11 entl 111, avorumMrrcmodal. '~ as amandad~ by cohaWtalne Royston, ~' Hanamolo, Beck end Abey on February 12, i ~~ te7a of Ihw whw wad mm~deed drwatonmenl :1 a'nd rale0anahlp ~eT itims ~ p~iesee at the .development to theelteand llluatratlnglhetOrm ~~~ and meep of alruclurea in geld ppheaea of fhe ' ~developmenl. Pot Phaaa lV and V, a volumMdo ' : model a ementlatl by Gordon Plaree. '~, AiChBeat, al the site and fhe proposed ;• development etaecata of Slnch aques20 feel podraying the scale and refationship of the -~ development on PhaaealY andV to the aitaand IlWetreting lha.form of meap of alruclurea In ,~eald phase. ..,~ , BlCT}gN 4: 9acliona .18.60.650 PermiHetl `'. -Uses In Spedel pevetoAmen! No. d U hereby repealed entl reenacted whh emendrnenta W . :'j ^entl as fopawa; ~ ~ ~~ - ,~ 1680.050 Permltled Ueea ~~ ~~ _= The patmhted uses In Phaaea F. R,Ilh ryandY '~~~ al9padMOeval6pmanlOlalrkl No.8eha116e1n ." acoordanca whh the approvaddwrebPr'bnt , ~~• plans an 11Se in the 7own;ol, Vall Aamm41lily-:'' velopmenk OepertmenL a'S^.:i,.;cf „'~ ..~, .>, ..; SECTION 8, 9eclion 16.50.060 Candhionel ~. USea Ih $pecip} DevalapmeM Dlpldct No. $ fe ' hereby repealed sand 'reehaCled wllh : amarklmOnta ta. rretl es lo1lpws: ~ . .. :..' 18.80.086 Condilionel Uaee .:.: " .~. "~, :. ' ^' Contlitiona! Ueea for Phaaea 1, II, lfl W end V :. `ot Special DerelopmaAl OlaUltl No. ~ shell be ~aafeund fn Section 16,22.030pf 1hsYall Zoning -: ' Cotle end ea' below: A. A p0 gulahie ':.: vending wa0on that tbnrdrme M appearance '~ i Y with Ihcae oxlallnq Ih Commarclat Core 1 end ;~ Commarolal Core L~~'~,: "..,.~ '.: .'~--~' Exceph no ottlce vase, exceppt Ihoae cleedy accessary to a prindpel Use wlil be elkwed an fhe Plaza Leval of Phaee IV and V. BECT'lON~B. $ectlon f656.if9 Dtaterxx ': ~~, Between $Wldlnpa h hereby amended to reatl ~~>~ 18.60.110 DIMenCe Between Buildlnuue. For Phaaea h fl and III the minimumdhlante between bulklinga on adJecent aitea shall be m = IndicMetl In the developmeiN plan, but k1 no . 'teas shall bg leas than feet Far Phase !Nand ~~ 'V. the minimum dtMance belvreenbuBdinge an ',etllecen[ alley shall be as Intllceted In the •' ~ development plan as eubmltletl by [#ordon Plsree, Amhltecl, tlaled Fearueryry 3g, 1687, , . revised April TA a Apd11T,,1957p.', .; f°' ~~ SECTION 7. $etlion ~iB,50.120 Height Is .herebyy amended to reed as lallow7:=-~ A. FOr Phaaea 1, II end IN the allowable ' ' helghtaapeschall be as found on me tlerelapment .dated 8112~B,lly the gilts Plen and hetgM glen S. FOr Phaee lV end V, the maximum bugding height ehau be as ear fadh in the approved .=tlevMOpmant plan by Qordon Pierce, Arohhect [dated fatinTery 1B,°1981: raviaed AprN ]4end.: ,,, April 17. 1987), ? 8EOTIDN B SacROn i8.30.t30 genaifY, la ,. 'hereby ementled to read ae follows: The Swss Reettlentlal floorArea kiHFAf o1 alidliTiicfdAf~ih38p-eclT6eirbEopp'-ffaaart! bTeirioi-'~ afrdll Rot'excaaQ 720,800 a411ar(10or!'Thare':7, ~1,ahMr ba ^a•mlm urrl7ph ~4$iactommodaUOn „ tl,unlll and;¢h,02 ' fe left of ARFA.davgled : i y..la acc6inmodati6'R~11fR.lnt(Ihaea~lY agdY,~}-,,? Speeiel pevelop-' of bFslrlcCNo. 6: SECTION 9. Sadfon iB.66.130r Builtling Bulk !s hereby amended fo read eo for{awe; 17.66136 Buading Sulk. Builtling bulk, maximum' well leng[he maximum dimenalana for builtling elements, ' requirements tar"weA offaaW .arM rarllcal tappingg of roof nneefarpheaes l,ll end 111 shall ba Mtliceled on Iha development plan auhmifletl by oonaultsnfq Royston, HanamatD. J Berk and Abey an Februarryy 12, 1876. Far Phaaea IV entl Y, builtling bola, maximum W811 ' lenpiha, maximum tlimMalhne tar building elemenle, raqulrsmanla ter w01! oflsela entl vertical alepplnq of too! Ilnes shell ba as Indicated se per the approved development plane aubmfltetl by OoMon R. Pierce, Archltoct !dated February 19, }e87, revlaed Apdi 14 and rrtl p7 taR71 (~ ~ ~~ -nom a~ ~ C r~r 7 -~ Q p ~ ~ ~p.a7~m~.~=7Q ~ 4 cn v, U_ U. ~ c9_ ~- o m ~ ~ p o p ~ _. `d O C? tD ~Cf ~ ~ '~ Cr (CD ~ {b O tD v+ ~~]. N ~ CCU ~ ~ Y p D D `~" ~~ W p ~ --~rZ3 S]. Q cn C) ~ ~ tb u~ ~ Ti ~ c~ ~ ~ ~ m c"o m ~ 3 ~ ~ n.~D o ro ~~' m ~ ~. a ~ ~ ~. a:.-~ o m ?. a ~ r' ci ro ~ ci ~ o ~ ~ o~ ~o~~~~.C ~ m r3 ~~ ~ O CJ C Q ~ ~ ~ p ~ ~ C1 p_ -v CD <i> ~ ~~' .~ ~ fix, ~ I 5 ~ fie ~ ~ a°~ ~~ ~° ~ Q s ~ N -* 7 ~' ~_ ~ p cn ~ ~ ~ ~ 4 ~ .~. mot] ~tD NG a ~ .~ Q ~ ~ 7'. (6 O O Q ~- N a ~ ~_:.. - -~ ~ ~ ~ ~ ~ ~ ~ mf~Q~Q~°~ -. _... ~. ~ Q ~ ~ ° ~ ?-aim a~-~?~ a* ~:- ~ ~ J ~ ~ °tirn~~omo to ~: ~ ~Q 9 ~ o o Q ro -~ I . tt~ ~-~ 1___J 'fl ~' .. "9DQ4p 2T' >_{ TNZ4 ~~DQY~GQ ~~pp Ylm~mmyO~ to .ay -ISO t'2pZrn--m Z`(~ tn~0a m4 mO y3S q_ m^:~G7r DC1 Cy'-7-~, ZU V~?'Z Q y~ ~Q~ vrr~t~yny~-cz0~"{~m~y~Umm~m umii A u 07S ZydT~~~~~~20(7myQ0~.7~~~a~~~ -Qm NC nZd'~- mz v{~'iv-r, tn3 ~ is Zp D77~mt~i~m~romr~4j7Zmm9r{Nj~~Y ~Z ~fi !'~ r,~Y, vDnrmdz- ~°?zyz,m-~r.Qa~z=qoc? ,pZ Q O~rp SQrZ~~mCm~N~"-cCV~n~~Z~pm OGZim1o ~' m''4 0=m~AZ~QZZ~amf~-+~OVdb~ OZ. /~ ~q Gipro~ N~NZ~S~vmOm~~°ZviCmiQ 7~Z MY QZ -n~N~4m~pQnG7m'~~PZO~Am xm {o ~~myrnyz~a~~~Zi~mz-~DG~ro m r~ =~~o, r r~ h SECTION i. Legislative Intent is nareoy repeated and reenacted with amendmenls fo . ' ~5 follows: "" SIGN 1. Legislative Intent. .; 1978, [ha Town Council of the Town of dossed Ordinance No. 7. Series of 1$76, . 'shing Sppecial pevefopmant District No.6 • lsure the unified and coordinated ab,•=:,opmeni of a critical silo as a whole and fn a manner suitable for the area in which it was situated. 0. Special Develo men! District No. 8 provided in Section 14 that the Town Council reserved the right io ebrogaie or modify Special Devafopment Dislrtcl No. 6 for goad cause through Iha enactment of an ordinance In conformity with the zoning code o1 the Town o1 Vail. C. in 1985, the Tawn Council of the Town of Vail passed Ordinance No. 1, Series of 1985, prnvlding cartaln amendments to the development plan for SDD No. 8. D. Appticafion has been made to the Tawn of Vail to modify and amend cartaln sections of Special Development District No. 8 which related !o Phase IV and which snake certain thangea In the development plan for Special Develo ment District No. 8 as [hey relate 10 Phase Pv. E. The Planning and Envirpnmentaf Commission of the Town o1 Vail has reviewed Iha changes submitted by iha applicant end has recommended that Special Development Dlslrlct No. 6 be so amended. F. Tha Town Council considers that the amandmenie provide en even more unified and mare aeslhetlcelly pleasing development o! a critical site within the Town and that such amendmenls are of benefit to the health, safety and werlare or the Inhebitanla aT the Town of Vail. SECTION 2. Section 18.50.020 Purpose is hereby amended to read as ioklowa: A. Special Development District Is aslablished to assure comprehensive development end use of en area in a manner that would be harmonious wish the general character of Iha Town, provide adequate open space and recreation amenities, and promote the objectives aFtha Zoning prdlnance of the Town. 4rdlnarily, a special davalopmenl tlisldcl will be createtl only when Iha davalopmenl is regardetl as complnmenlery to the Town by the Town Gauncil, Planning Cammlasion and Design Review f3oerd, and there are significam aspacta o1 the special development which cannot be satisfied under the existing zoning Section 19.50 040 Developmenl Plan - Conlenla is lioroby amended to read as follows: The proposed development plan shall Include, but is not Ifrnlled to, the following data ea supplemented by exhibits provided by consu tents Royston, Hanamoto, Beck and Abey on February T2, 1878 for Phesas E, II, III and as supplemented by the exhibits of the davalopmenl plan and the anvironmentef Impact report as prepared by Gordon R. Plane, Architect, {plans dated Febnrary 19, 1987, revised April 14 antl Aprfl22,1987}, and as given final approval through passage of second reading of [his ordinance b the Town Council on May i9, 1987 ror Phase IV and Phase V. This approval recognizes that Phase IV ma De constructed In two phases with the first phase to be referred to as Phase IV and the 11na1 phase la ba raierred 1o es Phase V. SECTION 3. Section 18.50.040 E is heroby amended la read es fellows: E. Far Phesas I, II and I II, q volumetric model as arnendetl by conarrltante Royston, Hanamoto, Beck end Abuy on February 12, 1978 of the rile and proposed devalopmeM documented by photographs at a scale of 1 inch equals i8 feat or larger, portraying the scale and relationship o1 1lrose phases of iha development to Ihesilaand Ilfuslraling thalorm and mass of sl+uctures in said phases of the devclopment~ For Phases 1V and V, a volumetric model as amendod by Gordon Pierce, Architect, of the site and the proposed tlevefopmanl e1 s acele of 1 Inch equals 2D feet, portraying the scale and relationship of the devefopmerrt an Phases IV and V, to the site and Illustrating the form of mass of structures in said phase. BEOTION 4. Section 10.5D.D50 Permitted Usos in Spacial pavalopmenf District No. 6 Is hereby repealed and reenacted with amendments to read as tohows: 18.50.05D Permfiled Ueee. The parmltted uses in Phaaea I, I I, II I, IV and V ai Spacial Developmenl blelrict No.Bshalf be In accordance whh the approved tlevefopmanl i~ SECTION 6. Section 18.64.080 Conditicnal Lases In Special Developmenl Dlarrlct h~. 8 Is hereby repealed end reenacted with amendments Eo read as follows: 18,50.060 Conditional Uses. Conditional Usea far Phases I, II, Ili, IV and V of Special Development blsirlet No B shall be as sound In Section 18.22.034 of the Vall Zoning Code and as below: A. A popcorn outside vending wagon that canforma Pn a pearence whh those existing In Commercial Cora 1 and Commercial Cora !I. Except, no office uses, except those clearly accessory to a prlncipel use will ba allpwed on the Plaza Leval of Phase IV and V. 8130TION O. Sactlon 18.60.1 f0 Dlelance Between Bui{dings fa hereby emended to read ae lollowa: 18.50.114 Distance Between Buildinggs Far Phaaea I, II and III the minimum dlatence between bulldinga on gdJaceni altea shall be as Indlceled in the developpment plan, but In no case obeli be lass than 501ea1. For Phase iV and V, the minimum dletance belwean buildings pn adjacent apes shall be as indicated in Iha development plan as submitted by Jordon Pierce, Architect {dated Februar 19, 1987, ievisad April 14 end April 17, 1$87. SECTICN 7. Sactlon 16.50.120 Helgfit la hereby amended to reed es follows: A. Far Phases I, II antl III the allowable hekghte shall be es found an !ha davalopmenl plan, specifically the alto plan and height plan ,' dated 3/12/78. B For Phesas IV and V, the maximum bullding holghi shall be as set lorlh In the approved development plan by Gordon pierce, Architect {dated Februaryy 19, 1987, revlaed April 14 and April 17, t967j, SECTION B. Sertlon iB.S0.134 Donelly Is hereby amended to read as follows: The Dross Residential Floor Area (GRFA) of all diatricia In the Special Development Dlslrlct shall not exceed 124,604 square fast. There !Shall be a minimum of 1A8 accommodaticn units and 87,387 square feet of GRFA devoted to accommodation units in Phase IV and V of Special Development District No. 8. 8E'CT10N B. Sactlon 10.50.13D Building Bulk is horaby amended io read es folEOwar' 18.50.130 Building Bulk - Building hWk, maximum wall lengths, maximum dimensions far bullding elements, requirements for wall Ofisels and vertical stepping of roof ones ror Whases I, I! andlll shall be indicated on the development plan as aubmRled by consultants Royston, Hanamoto, Beek and Abey on February 12. 1975. For Phases IV and V, building bulk, maximum wall lengths, maximum dimensions far building elements, requirements tar wall offsets and vertical slapping of roof hoes shall be as Indicated as per Iho approved development plans submflied by Gordon R. Pierce, Architect {dated February 19, 1987, revised April 14 end April 22, 1987}. SECTION 1O. Section 18.54.180 Parking and Loading is heroby repealed and reenacted with amendmenls as lohows: 18.54.180 Parking and Loading Following the completion of Phases IV end V, there shell be not less Ihan 12 surface perking Spaces, 324 underground parking spaces, antl 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordan R. Plena, Architect (dated February 19. 1987). The proposed site pplan dated February 19, 1987 reflects the inferlm parking plans between tho tlevefopmanl of Phesas IV and V. SECTON 11. Conditions of approval for the davalopmenl plan of Phesas IV and V o1 SppB ea aubmhled by Gordon Pierce {dated February ~ 9, 1965, revised April !4 and April 22, 1967] shall ba as follows: 1. Thal Iha developers and/ar owners Of Phases IV and V parilclpa[e In and do not remnnstrale agains! an improvement district for Improvements fo the Intersecllon o1 Vail Road and Meadow Drove ii end when one II farmed. 2. That the developers andlor owners~of Phases IV and V partlclpate In antl do not remonstrate against establishingg a padestrlan linkage from Phases IV and V to a future commercial expansion at the Sannenalp Lodge site li end when it la developed. 3. The developer receive approval from the Stale Highway ^eperlment for reconfiguration of the pull-off area from the Frontage Road to the entrahca to Iha hotel prior to the Issuance of - a building parmlt far Phew V. J 4. Tha developers and/or owners of Pha agree !o transfer by general warranty dead,, the Town of Vail free and clear o1 ell Ilona ao . encumbrances, ouch condominium unl! 01 approxlmelely 3,988 square feet la size and to ba totaled as indicated on the plans and speclflcatlons suhmdied with the application, There shalt be no provlsiona placed on the condominium unit reatricEing the Town of V81E's use pi the unh or the subsequent subdivision and/or sale of the unit. 5. No grading permit, buhding petrol[ or damollllon permit relating to Phases IV or V of Spacial bevelopmen! bislricf No. 6 shall be Issued until such time chat reasonable evidence Is provided the Town of Vall staff that conslructlon Ilnancing fur the Improvements to be constructed as part o1 Phases IV or V Eras been obtained. 0, Reslrlctlons an any unite In Phases IV or V which would ba condominlumlzad shall be as outlined In Sactlon 17.28.475 of Iha Vall Municipal Code and any amsndmante thereto. 7. Upon Ihp issuance ai a builidng parmlt for the construction of any phase of SDDB' subsequent 1D Phpse IV, the developer artdlor owner of Bald phase shall reimburse the fawn of Vall far expenses Incurred in lacllitstingg [ha relocation of Iho ski museum {into Phase IV) of an amount not to exceed 578.01}17. 8. Any remodel or redayelopment ci the remaining portion of SDDB commonly relarred to as Phase V shall includs parking as required by Ordinance Nn. 1, Series of 1985. 8fdCT[ON 12. If any part, section, su6sectlon, sentence, clause or phrase olthis ordlnence Is for any reason held to be Invalid, sueh declaion shall no[ affect iha validity of the remaining pariions of this ardlnance; and Iha Town Council hereby declares it would have passed this ordinance and each part, section, eubeection,sentence,clause orphrasethereol, regardless of the tact Ihat any one or more parts, sections, subsections, sentences, clauses or phrases be declared Invalid. SECTION i 8. The repeal ar the reppeal and reenactment pF any provlalon al the Vall Municipal Gpde as provided in this ordlnence obeli net affect auy right which has acctued, Bny duty impppsed, any violatlan that occurred prior to [he eflectlve date hereof, any prosecution commenced, nor any other action or proceeding as commenced under nr by virtue of the provision repealed or repealed and reenacted. the rapes! of any provieicn hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly slated herein. lNTRGDUGEb, READ AND PASSED ON FIRST RLAbING ANbORDEREDPUBLfBHEb ONCE IN FULL ihia 5th day o1 May,19B7 end a public hearing shall be held on this ortllnance on the 19th day of May. 1987 e17:30 p.m. in the Council Chambers of the Vall Municipal ' Building, Vail, Colorado. TOWN OF VAIL Paul R. Johnston MayoY ATTEST: Pamela A. Brandmeyer i Town Clerk INTRODUCED, READ AND APPROVED CN SECOND REAPING AND ORDERED PUBLISHED ONCE IN FULL Ihla 19th day o1 May, 1887. TOWN OF VAIN Paul R. Jahnaton Mayor ATTEST: Pamela A. Brendmeyer , Town Clark PubNehed in Tha Vail Troll on May 22, 1987 '„ , . plans on file in the Town of Vall Community pevelopmant Department,