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HomeMy WebLinkAbout1993-28 Providing for the Establishment of Special Development District No. 31, Golden Peak House, Adopting a Development Plan for SDD No. 31 in Accordance with Chapter 18.40 of the Vail Municipal Code ORDINANCE NO. 28 SERIES OF 1993 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 31, GOLDEN PEAK HOUSE; ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 3i IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; REZONING A PORTION .OF TRACT E FROM AGRICULTURAL AND OPEN SPACE ZONING TO COMMERCIAL CORE I ZONING, AND SETTING FORTH 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, the developer, Golden Peak House Condominium AssociationNail Associates, Inc./GPH Partners, LtdJMargaritaville, Inc. or the successors in interest, has submitted an application for the establishment of Special Development District (SDD) No. 31, which includes a request for a Commercial Core I exterior al#eration, a request for a minor subdivision, and a request for an encroachment into View Corridor No. 1, for a certain parcel of property within the Town, legally described as Lots A, B and C, Blnck 2, and a portion of Tract E, Vail Village First Filing and commonly referred to as the Golden Peak House Special Development District; and WHEREAS, the developer has submitted an application to rezone a portion of Tract E, Vail Village Fifth Filing, more specifically described in the attached Exhibit A, from the Agricultural and Open Space zone district to the Commercial Core I zone district; and WHEREAS, the rezoning effort is consistent with the surrounding and immediately adjacent properties; and WHEREAS, the rezoning effort will better reflect the actual use of the land; and WHEREAS, the proposed rezoning is for the benefit of the community as it meets the municipal objectives identified in the Tawn of Vail Comprehensive Plan; and WHEREAS, in accordance with Section i8.66.i40, the Planning and Environmental Commission, on October 11, 1993, held a public hearing on the establishmen# of an SDD and the rezoning, and has submitted its recommendation to the Town Council; and 1 Ordinance No. 28, Series of 1993 • ti r ' WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish SDD No. 31; and WHEREAS, the Town Council has held a public hearing as'required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 The Tawn Coundl finds that ail the procedures set forth far Special Development Districts In Chapter 18.4fl of the Municipa! Code of the Town of Vail have been fully satisfied. SECTION 2 Special Development District No. 31 is established to ensure comprehensive development and use of an area in a manner that will be harmonious wi#h the general character of the Town, provide adequate open space, employee housing, streetscape improvements and other amenities, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. SECTION 3 , Special Development District No. 31 is established for the development on a parcel of land comprising $,375 square feet in the Vail Village area of the Town; Special Development District No. 31 and said 8,375 square feet may be referred to as "SDD No, 31 ". SECTION 4 The Town Council finds #hat the procedures for a zoning amendment as set forth in Section 18.6fi of the Municipal Code of the Town of Vail have been fully satisfied, and ail of the requirements of the Municipal Code of the Town of Vaii relating to zoning amendments have been fully satisfied. SECTION 5 The Town Council hereby rezones that portion of Tract E legally described in the attached 2 Drdinence No. 28, Series of 19®3 :. ~. , Exhibit A, from the Agricultural and Open Space zone district to the Commercial Core I zone district. SECTION.6 The Town Gouncil finds that the development plan for SDD. No. 31 meets each of the standards set forth in Section 18.40.080 of the Municipal Cade of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the development plan for SDD No. 31 is approved. The development plan is comprised of those plans submitted by Snowdon and Hopkins Architects, and consists of the following documents: 1. Sheet No. A-1, dated October 25, 1993 (site plan), 2. Sheet No. A-fi, dated October 25, 7993 (basement plan). 3. Sheet No. A-7, dated October 25, 1993 (ground floor plan}. 4. Sheet No. A-8, dated October 25,1993 (second floor plan). 5. Sheet No. A-9, dated October 25,.1993 {third floor plan). 6. Sheet No. A-10, dated Oc#ober 25, 1993 (fourth floor plan). 7. Sheet Na. A-11, dated October 25, 1993 (fifth floor plan). 8. Sheet No. A-12, dated October 25, 1993 (roof plan). 9. Sheet No, A-13, dated October 25, 1993 (building elevations}. 10. Sheet No. A-14, dated October 25, 7993 {building sections). 11. Sheet No. A-15, dated October 25, 1993 (sun/shade analysis). 12. Sheet No. A-ifi, dated October 25, 1993 (View Corridor No. 1 analysis). 13. Other general submittal documents that define the development standards of the Special Development District. SECTION 7 In addition to the Approved Development Plan described in Section 6 above, the following development standards have been submitted to the Planning and Environmental Commission for its consideration and recommendation and are hereby approved by the Tawn Council; these standards are incorporated In the Approved Development Plan to protect the Integrity of the development of SDD No. 31; the following are the development standards for SDD Na. 31: A. Lot Area -The lot area shall consis# of approximately 8,375 square feet. B. Setbacks -The required setbacks shall be as indicated on the Approved Development Plans. C. Height -The maximum height a# the Golden Peak House Building shall be as 3 Ordmaz~ce No. 2B, Series o1 1893 ,,• _r '. ~ indicated on the Approved Development Plans. D. Density Control -The maximum GRFA for the Golden Peak House shall not exceed 18,715 square feet. This figure includes 2,847 square feet of excess common area that has been included in the GRFA. The approved density for the Golden Peak House includes fourteen (14) dwelling units and iwo {2} accommodation units, for a total of fifteen (15) dwelling units. Three of the dwelling units are approved to have lock-offs. E. Site Coverage -The maximum site coverage for this Special Development District shall not exceed 7,874 square feet, or 94°/a of the lot area, and shall be as indicated on the Approved Development Plans. F. Landscaping -All landscaping shall be in accordance with the Approved Development Plans. G. Parking - As provided for in Section 18.52 of the Town of Vail Municipal Code, Off- Street Parking and Loading, all properties located within the Commercial Core l zone district shall not be allowed to provide required parking an-site, Parking shall be provided by GPH Partners, Ltd. paying into the Town's parking pay-in-#ieu fund. The required number of parking spaces, in accordance with the Approved Development Plan for SDD No. 31, shall be a total of 13.794 parking spaces. Payment into the parking fund shall occur at the time of Building Permit, according #o Section 18.52.160{B,5) of the Town of Vail Municipal Code. SECTION 8 The developer, jointly and severally, agrees with the following requirements, which are a part of the Town's approval of the establishment of this SDD No. 31: 1. That prior to the Town's issuance of a Building Permit far the construction of SDD No. 31, GPN Partners, Ltd. shelf cause to lee permanently restricted, two off-site, two- bedroom, employee housing units per the Town of Vail Housing Ordinance. Each unit shall be a minimum size of 700 square feet. The units shall meet the Town of Vail Housing Ordinance requirements ~~ ~il~ ~hafi b~ ti~'~'iT;tti ''~~iil'. 2. That prior to the Town's issuance of a Building Permit for the redevelopment project, the Golden Beak House Condominium Assoclatlon will contribute $32,000.00 towards the redesign and redevelopment of Seibert Circle. The $32,000 contribution towards the redevelopment of Seibert Circle shall be credited #owards the Golden Peak House, should a future Special improvement District be created for #his project. 3. That prior to the Town's issuance of a building permit for the redevelopment project, Vell Associates, Inc., will dedicate open space #a the Town. The minimum area of open 4 Orda~ance No. 28, Series oT 19~i ;` o y 4. That the Golden Peak House Condominium Association and Vail Associates, Inc. s~'r'enr~ ~ pu~~lo..~~r~n:~€, des ~ C~ ~chils iia' betwn#. 5. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the redevelopment protect, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units (Units 201 and Q01) to be included in short-term rental program, ~~ij# at all times when said dwelling units are not occupied by the owner or his guests. 8. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the redevelopment project, GPH Partners, L#d. shall deed restrict, the remaining two lock-offs in the building (or equivalent), to be included in short-term rental program, i~t~~r;~1~! at all #imes when said lock-offs are not occupied by the owner or his or her guests. 7. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the redevelopment project, GPH Partners, Ltd, shall deed restrict, the two accommodation units {or equivalent) in the building, to be included in ia€ short-term rental program, ±i'p~€iit iitl at all times when said accommodation units are not occupied by the owner or his or her guests. 8. That the Golden Peak House Condominium Association, or their successors in interest, shall participate in, and shall not protest or remonstrate against, any improvemen# districts} which may be established by the Town of Vail for the purposes of constructing improvements as set forth in the Town of Vail Streetscape Master Plan and/or the Vail Transportation Master Plan, if and when an improvement districts} is formed. .. .:.. , : ~~ Rik ~ l~#k#1~~~ A;li~~pl") ~€~~ ~'~. P~l~ll# '~ t'....:. ~~1#~~ ~~il~~ ~~„d~ w` ~r1ll~~#~ ' ~~#~~., art 5 ora~~~ No. ze, series of rasa _~ ~. ~~ 1~l: That the pedestrian arcade (which was originally proposed over the first floor retail windows on the north elevation), and #hat the original ground floor plan, which does not include the curved retail windows along the eastern portion of the building, be reviewed by the Design Review Board and included in the final building design, if required by the Design Review Board. 1 ~; That GPH Partners, L#d. further articulate the first floor "retail windows", by adding divided lights to the large single panes of glass. 1;~. That the Design Review Board review the proposed roof form over the main entry on the north elevation, and determine If the roof form needs to be lowered. 1~r. That the proposed tar and gravel roof for the building is acceptable. SECTION 9 Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regular#y scheduled public hearing in accordance with the provisions of Section 18.fifi.060 and 18.40. i 00. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development pian. SECTIDN 10 The developer must begin construction of the Special Development District within three (3) years from the time of its final approval, and continue diligently toward completion of the project. 'tMd~;~~~!~`'t~(€M~~tl~# ~~;~ul~`~ ,~'41~.t~~,'~#1~.'t Ali .~I~I~X SECTION 11 If any part, section, sentence, clause, or 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 be declared invalid. SECTION 12 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vai! and its inhabitants thereof. SECTION 13 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as 6 ordinance No. 2B, ser3ea of 1s93 _ y ~.` ~ w ' ~ r 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCE©, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this #9th day of October, 1993, and a public hearing shall be held on #his Ordinance on the 2nd day of November, 1993, at 7:30 p.m. in the Council Chambers of the Vail Muniapal Building, Vail, Colorado. ATTEST: OZLeI ~`7~~.rl~~t Q,,~..~ Holly l,. McCutcheon, Town Clerk Margare A. Ostertoss, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2nd day of November, 1993. ATTEST: due..~ap`~ ~~u.~ Holly L. McCutchean, Towrt Clerk C:40RDl1328 ~~~~~ Margaret ~ Osterfoss, Mayor Ord'wwr~ce No. 28, Series of i99;! • ~ 0 c s m 0 a J d ~-- 3 c m O ~~~ O O z ~ w ~ ~ a O ~ J Q Q O LL Q O ~ U - ~.:: ~;, ~ . ~y~; ~ ,. Y. f'S f1.'I ~~ ~~~ ,~ "~. ~ •';•.' -~.. ~._. C L m O ~~ ~ ? ~ ~ j ~ `~ N E '~ ° ~ ~ ~ a N ~ 0 0 ~° ~ m ~ ~~ N I ~ ~ ~ O ~ a~ ~ i C ~ ~ ~ I ~ .... ~ a- ~ 3 ~ w c d a O~ d w. o d " d U ~ m~ O t ~ O x d N ~ d C a ~ C ,~ ~ ], Q '- m c E .~ ~ ~ o ~ ~ c ~ C (ll ~ ~ Z3 Q7 ~ ~ ~ U m U ~ d ~ d . ~ + ~ ~ L ~ ~ vi ~ ~ C O O m L O c .? o m c r W ... c ~ p a ~ ~ ~ m y a ~ ` p O P ~ u U ~ ~ °' ~ c c ~ ~ o m ~ ~ ~ ~ ~ 1 ° C .~ V ~. ~~ O d t '!' a ~ a 0. 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