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HomeMy WebLinkAbout1990- 9 Amending Special Development District No. 23, The Vail National Bank Building. n r i ~, s ~nyXl ~Zc~-~'~ ~~~~~v ORDINANCE N0. 9 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. a3, THE VAIL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made to amend Special Development District No. 23, commonly referred to The Vail National Bank Building; and WHEREAS, in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.56 of the Municipal Code of the Tawn of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: The development plan is comprised of thane plans submitted by Sidney Schultz- Architect AIA, and consists of the fallowing documents: 1. Architectural Plans designated as Sheet Al through A5, dated April 10, 1989. . .. ~~ • 2. Landscape Plan drawn by Dennis Anderson Associates, Tnc., dated April 10, 1989, revised May 12, 1989. 3. Architectural Plans designated as Sheet B1 through B2, dated December 26, 1989. Section 4. Section 5, Paragraph E. of Ordinance NO. 9, Series of 1989 is hereby amended to read as follows: E. Parking Section 5. Parking demands of this development shall be met in accordance with the off-street parking requirements far specified uses as stated in Section 18.52 of the Vail Municipal Code. Five parking spaces required by this development shall be provided in the Vail valley Medical Center parking structure, Section 6 of Ordinance No. 9, Series of 1989 is hereby amended by the addition of subparagraphs 5 - 12 to read as follows: 1. The owners receive a Colorado Department of Highways approval for their access permit request before a building permit is released for the proposed bank expansion. 2. The uses allowed under special Development District No. 23 with the underlying Commercial Service Center zoning shall be limited to: A. Professional offices, business offices, and studios. B. Banks and financial institutions. C. Business and office services. D. Travel agencies. E. Additional offices, businesses, or services determined to be similar to permitted uses. Retail businesses are specifically not allowed as a use with Special Development District 23. f • ' 3. Any landscaping that dies within 2 years of the transplanting shall be replaced with a similar size and type material by the owners of the bank. In respect to the cottonwoods, if they die, three new trees having each a diameter of 8 to 12 inches shall replace the existing trees. The height of the new trees shall be a minimum of 25 feet. ~k. if the loading zone is relocated in the future, the new location shall be approved by the Planning and Environmental Commission and Town Council using the major amendment to a Special Development District review process. 5. The Vail Valley Medical Center jVVMC) shall submit an application for modification to its conditional use permit allowing an additional 2-1/2 levels of parking. 6. The VVMC submit plans showing such 2-1/2 levels of parking. 7. The Vail National Bank Building exercise its option to purchase or use in perpetuity the number of spaces from VVMC necessary to conform to zoning requirements for the addition approved by this ordinance. The Town Attorney shall review the purchase or use agreement in order to assure that the agreement will satisfy the parking requirements of the Vail National Bank Building. 8. The VVMC receive all approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that VVMC apply for and receive such permit. 9. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans B-1 and B-2 unless VVMC has commenced construction and has continued construction on its parking structure. 10. The Vail National Bank Building agrees to move out of the expanded premises if they can not occupy the parking spaces at VVMC on or before December 1st, 1990. E^ + '. 11. The Vail National Building provide a letter from the Holiday Inn or a suitable substitute allowing the use of five parking spaces from the date of occupancy of the expanded premises to December 1, 1990. The lease of these five spaces shall conform with section 18.52.170 of the Municipal Code. 12. The above conditions be satisfied prior to the issuance of a building permit to The Vail National Bank Building. Section 6. Tf any part, section, subsection, sentence, clause of phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 by declared invalid, Section 7. The Tawn 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 inhabitants thereof. Section 8. The repel ar the repeal and reenactment of any provisions of Vail Municipal 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, oar any other action or proceeding as commenced under or 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 ar superseded unless expressly stated herein. -' l Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, .~.ncnnsistent herewith are hereby repealed to the extent only of such inconsistency. this repealer shall not be construed to revise any bylaw, order, resolution or orda.nance, or part thereof, heretafoxe repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chamber of the Vail Municipal Building, Vail,, Colorado. Ordered published in full this day of 199a. Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rase, Mayor ATTEST; r ~ Pamela A. Brandmeyer, Town Clerk