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HomeMy WebLinkAbout1992- 2 Repealing and Reenacting Ordinance No. 19, Series 1991; to Provide for the Amendment of the Approved Development Plan for SDD No. 6~ ~ ORDINANCE NO. 2 Series of 1992 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANGE NO. 19, SERIES OF X991; TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DfSTRICT NO. 6; ADOPTING A REVISED DEVELOPMENT PLAN FOR PHASE IV-A OF SPECIAL DEVELOPMENT DISTRICT NO. fi, VAIL VILLAGE INN; AND SETTING FORTH I?ETAfLS IN REGARD THERETO. WHEREAS, Cl~apler 1ti.40 of tho Vai! Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Devolopment District {SpD) No. 6 for a certain parcel of property within the Town, legally described as Lat 0, Block 5-D, Vail Village First Filing, and commaNy referred to as the Vail Village Inn Special Development District; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on January 13, 1992, held a public hearing on the amended SDD, anti has submitted its recommendation to the Town Council; and WHEREAS, ail notices as required by Section 1$_66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chaptor 18.66 of the Municipal Code of the Tawn of Vail. NUW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL C)F THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that all tl~e procedures set #orth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 2 Legislative Intent A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of i 976, establishing Special Development District No. 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. f D. Speciaf Development District No. 6 provided in Section 14 that the Town Gouncif reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. G. In 1985, the Town Council of the Town~of Vail passed Ordinance No. 1, Series of 1985, providing certain amendments to the development plan for 5DD No. 6. D. In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, providing certain amendments to the development plan for Special Development District No. 6. Such amendments modified and amended Section 8 of Ordinance No. 14, Series of 1987, which relates to the allowed density of the development plan for SDD No. 6. E. In 1991, the Vail Town Council passed Ordinance No. 19, Series of 1991, providing certain arnendrnents to the development plan for Speciaf Development District No. 6 which relate to Phase lV. F. Applica#ion 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 plan for Special Developmen# District No. 6 as they relate to Phase IV. G. The Planning and Environmental Commission of the Town of Vail f~as reviewed the changes submitted by the applicant and has recommended that 5DD No. 6 be so amended. H. The Vail Town Council considers that the amendments provide a mare unifed and aesthetically pleasing development of a critical site within the Town and such amendments are of benefit to the health, safety, and welfare of the inhabitants of the Town of Vaii. Section 3 Purpose A Speciaf 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. Section 4 Development Plan The proposed development plan shall include: 2 w .. ~ . A. The development plan for Phases 1, li and III shall consist of the plans prepared and submitted by Royston, Hanamoto, Beck and Abey an February 12, 1978. B. Tho developmont plan for Phases IV and V shall consist of the plans and environmental impact report preparod and submitted by Gordon R. Pierce Architect, dated February 19, 1987, and revised on April 14, and April 22, 19$7. C. The development plan for Phase lV-A shall consist of the following plans providod by the Intratect Design Group/Fritzien Pierce Briner. Sheet No. 1, dated June 6, 1991, and revised September 23, 1991 (site plan} Sheet No. 2, dated June 6, 1991 {1st and 2nd floor plans) Sheet No. 4, dated January 8, 1992 {3rd floor plan} Sheet No. 5, dated June 6, 1991 and revised June 18, 1991 (West Elevation) Sheet No. 5, dated January $, 1992 (4th floor plan} Sheet No. 7, dated June 8, 1991 and revised June 18, 1991 Gast Elevation) Sheet No. 8, dated January 8, 1992 {North Elevation} Sheet No. 9, dated January $, 1992 {South Elevatior7) Section 5 Permitted Uses The permitted uses in Phases !, II, Ili, IV, IV-A and V of Spocial Development District No. 6 shat! be as set forth in ttre development plans referencod in Section 4 of this ordinance. Section 6 Conditional Uses Conditional Uses for Phases I, li, III, IV, IV-A and V of Special Development District No. 6 shall be as set forth in Section 18.22.030 of the Town of Vail Municipal Gode with the addition of the following conditional usos: A. An outside popcorn vending wagon that canfarms in appearance with those existing in Commercial Core l and Commercial Core 11. B. No office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV, lV-A and V. 3 • • • Section 7 Height A. For Phases I, II and III, the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated March 12, 1976, provided by Royston, I-lanamoto, Beck and Abey. B. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). C. For Phase IV-A, the maximum building height shall be as set forth on the approved development plan, submitted by the Intratect Design GrouplFritzlen Pierce Briner, as set forth in Section 4 above. Section a Density A. The gross residential floor area (GRFA} for the entire Special Development District No. 6 shall not exceed 124,527 square feet. There shall bo a minimum of 148 accommodation units and 64,267 square feet of GRFA allocated to accommodation units in Phase IV and Phase V of Special Development District No. 6. 3,927 square feet of GRFA shall be allocated speci#ically to Unit No. 30 of the Vail Village Plaza Condominiums. 3,100 square feet of GRFA shall be specifically allocated to one dwelling unit, to be located on the fourth floor of the Phase IV-A Lobby Building; and 8. Condominium Unit No. 30 of tho Vail Village Plaza Condominiums shall be subject to the restrictions set fortf~ in Section 17.26.Q75 of the Town of Vail Subdivision Regulations if utilized for residential purposes. C. In addition to the allowable GRFA set forth in Soction 8A above, Phase IV-A shall be allocated 500 sq. ft. of additional GRFA (250 sq. #t. per unit}, which shall be Specifically allocated to two on-site, permanently restricted ernpioyee dwelling units. Section 9 Parking and Loading A. Any application for any amendment to Phase IV of SDD No. 6, subsequent to the effective date of this ordinance, shall include not less than 12 surtace parking spaces, 324 4 ~ ..' ~ . underground parking spaces, and 37 underground valet spaces for Special Development District No. 6 as indicated on the development plan submitted by Gordon R. Pierco, Architect, dated February 19, 1987, as defined in Exhibit A. B. The parking requirements for Phase lV-A shall be as set forth on the drawings submitted by the Intratect Design Group, dated June 6, i 991, and revised September 23, 1991, sheet number 1, and as defined in Exhibit A. Section 10 The applicant or his successors in interest agrees to perform the following: 1. Make a minimum of 65 parking spaces in the parking structure, located in the Phase III building available for short-term parking use by the general public and/or hotel guests of the Vail Village Inn. These 65 spaces shall not be leased to any party. Provide a signs}, subject to Design Review Board approval, indicating the availability of the public parking, located in the Phase III parking structure. 2. Prior to the issuance of any Town of Vail building permits for the construction of Phase IV-A of SDD No. 6., the applicant or his successors in interest shall provide written evidence to the Town of Vail Director of Community Development that a Colorado Department Of Highways access permit has been obtained far access from the South Frontage Road 3. The applicant or his successors in interest agroe to permanently restrict two on-site dwelling units for use by employees of the Upper Eagle Valley (employee housing units) in the following manner: A. The employee housing units shall be provided with ful! kitchens (refrigerator, stove, sink, oven/rnicrowave} and shall not be leased or rented for any period less than 39 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley, B. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by 5 • • ~ the Town Attorney far the benefit of the Tawn to insure the restrictions set forth herein shalt run with the land. Said declaration shall not be amended or terminated without the written approval of tFFe Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issuf;d for Phase IV-A of Special Development District No. 6 anti! said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Rocorder. 4. The developer is presently the owner of Unit 7-L, Pitkin Creek Park Condominiums, located in the Town of Vaii. The developer agrees to permanently restrict the use of this unit, in the following manner (employee housing restrictions): A. The employee housing unit shall be provided with a full kitchen (refrigerator, stove, sink, ovenlmicrowave} and shall not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. P. The Upper Eagle Vafley shall be deemed to include the Gare Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a farm approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for Phase fV-A of Special Development District No. 6 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 5. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protestor remonstrate against, any improvement district{s) which may be established by the Town of Vail for the purpose of constructing improvements as set forth in any officially adopted Town of Vail Streetscape Master Plan, if and when an improvement district is formed. 6. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protest or remonstrate against, establishing a pedestrian linkage 6 • • • between Phases IV, lV-A and V of the Vail Village Inn, to a future commercial expansion at the Sonnenalp t3avaria Naus site if, and when said commercial expansion is developed. 7. The applicant or his successors in interest of Phases 1V and IV-A agree to transfer by general warranty dead to the Town of Vail, free and clear of all liens and encumbrances, a condaminium unit of approximately 3,986 sq. ft. in size. Said unit shall be located as indicated on the plans and specifications submitted with the ~ 987 application. Thore shall be no provisions placed on the condaminium unit restricting said unit to Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. 8. Na grading permit, building permit or demolition permit, relating to any Phase of Special Development District No. 6, shall be issued until such time as reasonable evidence is provided to the Town of Vail that construction financing has been obtained for the improvements to be constructed. 9. Any units in Phases IV, IV-A or V which may be condaminiumized, except for the Phase IV-A, fourth floor dwelling unit, shall be restricted as set forth in Section 17.26.075 (Condominium Conversion) of the Vaii Municipal Code and thereafter amended. 10. The applicant or his successors in interest of Phases IV, !V-A and V shall relrriburse the Town of Vail in the amount of $75,000 for expenses incurred in relocating the ski museum. Of said $75,000 relocation expenses, the amount of $27,500 shall be paid prior to the issuance of a building permit for the construction of Phase 1V-A of 5DD #6. The balance of $47,500 shall become due and payable to the Town of Vail at the date of closing of the Phase IV-A, fourtl~ floor dwelling unit, ar at a date not to exceed two years from the Town's issuance of any temporary certificates of occupancy for the Phase IV-A accommodation units, whichever occurs earlier iri time. 11. Any remodel or redovelopment of any of the remaining portions of SDD#6, shall include an overall parking analysis as set forth in Section 9 of this ordinance. 12. The applicant or his successors in interest of Phases !V, IV-A and V shall provide a pedestrian easement, along the western boundary of the VVI (the east side of Vail Road) of sufficient width (as determined by the Town) to accommodate an 8-foot wide sidewalk with integral landscaping. Said easement shall begin at the northwest corner of the Vai! Vil{age inn property (said corner is also the southwest corner of the Vai! Gateway Plaza property}, and extend along the westerly line of the Vail Village !nn property south to East Meadow Drive. Said easement shall expire at such time that a building permit for the construction of Phase IV of SDD 7 • • • No. 6 is issued. Prior to tl~e Town's issuance of a building permit for Phase IV, the Town shall reevaluate the need for pedestrian access along Vail Road and if in the Town's sole opinion, some manner of pedestrian access is still required, the applicant or his successors in interest shall provide fvr such pedestrian access. 13. Provide additional landscaping along the northern property line of the Vail Village Inn, as discussed in Section IV(H) of the January 13, 1992 Community Development staff r~~emvrandum to the Planning and Environmental Commission. Said additional landscaping shall consist of, at a minimum, three to four clusters of large aspen {2-inch to 3-inch caliper) and spruce (8, 1 a, and 12-foot tall trees). 14. Provide screening of the existing trash compactor located immediately to the north of the Pancake House Building. Said screening shall be subject to the review and approval of the Design Review Board. Section 11 I# any part, section, subsoction, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of tho 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, soctions, subsections, sentences, clauses or phrases be declared invalid. Section 12 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper far the health, safety and welfaro of the Town of Vail and the inhabitants thereof. Section 13 The repeal or the repeal and reenactment of any provision of the Vai! Municipal Code as provided ire this ordinance shall not affoct 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 of 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. 8 • • ~ INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this _ 4th .day of February .1992. A public hoaring shall be held hereon ors the _ 1. k;t~~day of February 1992, a# the regular meeting of the Town Council of the `mown of Vail, Colorado, in the Municipal Building of the Town. ~~~~~ Margar t A. Osterfoss, Mayor ATTES-C: Pamela A. Brandmeyer, Town Clerk . READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED _-- ~.n - fu17.___ . _ _._-_.__-- this i 8 tip day of February .1992. Margar~'t A. Osterfoss, Mayor ATTEST: ~~-~ ~. ~b`fi..~. ~?1.c.t.~~c.c~-J Pamela A. Brandmeyer, Town Clerk 9 ~.l ~ r ,r' •~ ~xl~ibit A February, 1992 SDD No. 6 -Vail Village inn Parkins Summary [. Required Parking (Per Code) Parking SAaces Repaired Phase 1 -- 38.12 Phase !1 -. 17.98 Phase III -. 84.45 Phase !V = 63.97 Phase IV-A" -- 16.5Q Phase V -- 39.46 Total = 260.48 - 13.02 (5% multiple use credit) Grand Total = 247.46 or 248 Phase IV-A is not currently constructed II. Approved Parking Plan The Phase fV-A approval wilt provide the following parking scheme: 44 - structured spaces -deeded to VVl owners 65 - structured spaces -available to the general public 30 - surface spaces -adjacent to the Food & ©eli. One space wilt be reserved far tl~e Food & Deli manager and all others will be available for short-term public parking. 1 Q - surface spaces -east of the Gateway 4 - valet surface spaces -north of the Pancake House 24 - surface spaces -north of the Pancake House/Lobby Building 177 w Total spaces to be provided 111. The VVf is obligated to provide the following parking, if and when the final Phase IV is constructed: 12 -surface spaces 324 -structured spaces 37 -structured valet spaces 373 -Total ! .~. ~ ., 3 ~• U ~ ~ o 0 N Q ~~ ppQ -~C Q ~o o- _a 1 a ~, ~ ~ ° y a Q ~ ~~~ Haim ~ ~ ~ o ~~o3o~QQ~i ~ S, ~ ~ ~ ~a~4~~Q~o ~ a ~ ~ ~ ~ °~ 7aro ~ ~,~ ~ ~, ~ ~ Q~~~~~~~~ O p m Q ~ ~ dflQQQW~~Q~ ~n Q. 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Y m ~ X $ ~•di ~ ~ ~ Y ~ ~ S 4 ~: ~~ $ ~,~ ~ a ~ ~~ o'Y$g'S ~ a ~~h7cg~~8 ~ ~3n ~ 37yr~ ~tA~B [!1 to N w y a c c w a ~ C •[ wog mg!~. v-~ eon m ~ o, va, ~ g T agn_~m ea s g o~~ nOo6 ~~ Q~~ a ~o a 6 B~V~~ 7~~ ~i''e'~'~~~~_ ~~~~~ ~a ~~ $ ~$ a`~~5~$ y~o ~g 5 ° $ ~~ ~ ~~ 8 ~g m' m ~ $~~ ° ~ $nT, a ~3 S~ R. ~!~~M~ ~ g ~1 a~? 3 $ ~s~ ~ ~~ a _-.~ ~ ~ SR Q ~~ ~~ ~.,~, ~$ Qa~`~',~~~ .$ ~8i ,..pq~_~ ~ g ~a $ A~S.~ ~ g $,~ ~mc 3 `~ g; A ~~ ~o~Q ~aw~~R'3r ~ 38 a ~.~'~$ ~Am$a'~3.Q' yQ~ .'o:- $o~a"c c~ ~~q ~~R'~ R~? ~8.~ ~~~S~~~A ~~ e[53' 8~.s g~~SY~•S ~~m~$~$~'.sas• ~°$ ~5~~'~ ° g~~ ~ ~ a ~~ ~ ~ z ' =A,z,ri ~~~ ~.~o a ~3 ~v~~ ~ _•~: ir0 a~g ~.R ~~ o ~~ a ~? ~ .~8~~ ~ • • t2. Provide a pedestrian easement, slang the western boundary d the WI (the east slide ct Vap Road) d aufficlent width (as determined b1' the Town) to accommodate an 8~fod wide sidewak wish integral landscaping. Said easemerN shall begin at the narthweat carnet d the Veep Village Inn properly (said caner is also the southwest turner at the Vail Gateway Plena property), and etipnd afnnn the wvsteriy line nl the Vai! ViIWg.. Inn property sculh to East Mcadow Drive. Said easement shall e~iro et such tirrte that a building permit far the construdbn d Phase IV d SDD Nc. 6 b issued. Prior to the Town's issuance d a building permit Tar Phase IV, the Town shall reevaluate the Head Tor pedestrian access abng Vail Road and ii in the Town's Bole opinion, some manner of padesfrbn access ie e1iR requhed, the applicant or his auocessors in interest ahaA provide for such podestriarr access. 13. Provide a pedestrian aonnadion, adjacent to the South Froniege Road, to the Vail Gateway Plaza Building sidewalk The pedestdan nonnac- tion shah be eut>jed to the roview and approval d the Design Review Board. In addition, the ap• piiwnt shelf provide a pedesGian sidewalk, ad- jacent !o the South Frontage Road, beginning on the west end of the WI properly {whero the gateway sldewetlr now ends), arrd continue the aldewak east to ttre westsm boundary d the Wi Phase III property. This condition oT approval shall be subject to the Coiorodo Department of Highways approval d the sidewalk. 14. Provide addit'wnal landscaping abng the northern property Ilne of the Vat? Village Inn, as discueaed in Secifon IV{F#) of the January 13, 1992 Community Development stall memorandum. i6. Provide screening d the striating trash compactor lopated fmrrred'~aiely to the north d the Pancake House Building. SaW screening shall be aub~ed tc tho revbw and approval d the Design Review Board. SECTION 1 t. In any part, section, subeedion, sentence, clause or phrase d this ordinance is Tor any reason held to be Invalid, such declslon shall not aifact the valkfity d the remaining partione d this ordinance; and the Town Coundl hereby declares N would have passed ihs ordinance, and each part, Becton, eubseution, sentence, douse or phrase thereof, regardless d the {act chat any one or more parts, sections, subeectione, sentences, clauses or phrases be declared invalid. SECTION 12. The Tvwn Ceuntif hereby finds, determines and declares that this ordinance Is necaseary and proper for iha heaHh, safety and weHaro d the Tam d Vail and the inhabpants Iherocf. SECTION 13. The repeal or the repeal and reenactment d any provision of the Vall Murtirtipstl Code a9 provkled kt this nrdktanoe shay Hat ailed any fight which na scanted, any duty inposed, atoy vlnlation that occurred prbr b the eHsdlve dale hared. any proseoutiort co.. .. J, nor any other acibn or ; ....: inp m .. Hoed under or by virtue of the pravlalon repeated or repeaed and reenacted. Ths repeal d any provision hereby shat nd revive any provkbn a any or- dinance prevbuey repealed or superseded un- tees srtproasy stated herein. INTRODUQEb, READ ON FiR$T READING, APPROVED ANb ORDERED PUBLlSH6b ONCE IN FULL, tltie 4th day d February, 1992. A public hearing shall t>e held hereon an The 18th day oT February, 1992, at the regular meeting d the Town Coundl d the Toren d Vail, Cobrado, In the Munic'Pal Building of the Tuwn. TOWN OF VAII. Marparot A, Oeterfose Mayor ATTEST: Pamela A. Brandmuyet',,,.:«; ' `.<' .._ . 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