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HomeMy WebLinkAbout1994- 7 Providing for the Establishment of Special Development District No. 32, Cornice Building; Adopting a Development Plan for SDD No. 32 in Accordance with Chapter 18.40• ~ ~, ORDINANCE NO. 7 SERIES CE 1994 AN ORDINANCE PROVIpING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 32, CORNICE BUILDING; ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 32 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAiL MUNICIPAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter X8.40 of the Vail Municipal Gode authorizes special development districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, the developer, David Smith, or the successors in interest, has submitted an application for the establishment of Special Development District {SDD No. 32, for a certain parcel of property within the Town, legally described in the attached Exhibi# A, and commonly referred to as the Comics Building Special Development District No. 32; and WHEREAS, in accordance with Section 1 &fi6.14~, the Planning and Environmental Commission, on February 28, 1994, held a public hearing on the establishment of an SDD, and has submitted its recommendation to the Town Gouncil; and WHEREAS, ail notices as required by Section 18.66.(}84 have bean sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhab't#ants, and visitors to establish SDD No. 32; 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 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.4U of the Municipal Code of the Town of Vaif have been fully satisfied. SECTION 2 Special Development District No. 32 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space, employee housing, 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 Drdinance No. 7, Series of 1994 f of standard zoning districts on the area. SECTION 3 Special Development District No. 32 is established for the development on a parcel of land comprising 3,659 square feet in the Vail Village area of the Town; Special Development District No. 32 and said 3,659 square #ee# may be referred to as "SDD No. 32". SECTION 4 The Town Council finds that the development plan for SDD. Na. 32 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. 32 is approved. The development plan is comprised of those plans submitted by David William Haase Associates, and consists of the foNowing documents: 1. Sheet No. 1, dated February 23, 1994 (site plan). 2. Sheet No. 2, dated March 9, 1994 {landscape plan}. 3. Sheet No. 3, dated February 23, 1994 {west building elevation). 4. Sheet No. 4, dated March 21, 1994 (south building elevation}. 5. Sheet No. 5, dated March 9, 1994 (north building elevation). 6. Sheet No. 6, dated March 24, 1994 (east building elevation). 7. Sheet No. 7, dated March 24, 1994 {garage level "1" floor plan). 8. Sheet No. $, dated January 24, 1994 (bedroom level "2" floor plan). 9. Sheet No. 9, dated January 24, 1994 {great room level "3" floor plan). 1 q. Other general submittal documents that define the development standards of the Special Development District. SECTION 5 In addition to the Approved Development Plan described in Section 4 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 Town Council; these standards are incorporated in the Approved Development Plan to protect the integrity of the development of 5DD Nv. 32; the fallowing are the development standards for 5DD No. 32; A. l~at Area -The lot area shall consist of approximately 3,659 square #eet. B. Setbacks ~ The required setbacks shall be as indicated on the Approved Development Plans. C, Height -The maximum height of the Cornice Building shall not exceed 33 feet and 2 Qrdinance No. 7, Series of 1894 ~. ~. , ~ ~~ shall be as dimensioned on the Approved Development Plans. The elevation drawings shall be revised to verify a maximum height of 33 feet at the time the Design Review Board application is submitted. D. Density Control -The maximum GRFA for the Cornice Building shall not exceed 2,t7~0 square feet. This figure is the maximum GRFA that will be allowed on the lot. An additional 250 square feet of GRFA, per Chapter 18.71 of the Vail Municipal Code, shall not be allowed on this site, now or in the future. A 600 square foot credit for atwo-car garage shall be allowed in addition to the 2,000 square feet of GRFA allowed on the site. The approved density for the Cornice Building shall be one (1) single family dwelling unit. E. Site Coverage -The maximum site coverage far this Special Development District shall not exceed 1,397 square feet, or 38% 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. SECTION 6 . The developer, jointly and severally, agrees with the fallowing requirements, which are a part of the Town's approval of the establishment of this SDD No. 32. 1. That prior to the Town's issuance of a demolition/building permit for the redevelopment project, the developer shall identify the location of three permanently restricted employee housing units, which provide a minimum of three kitchens. The units shall be located within the Town of Vail limits, close to a Tawn of Vaii bus route and be rented at reasonable market rates. The units shall always comply with the Town of Vaii housing ordinance requirements specified in Chapter 18.57 (Employee Housing) of the Vail Municipal Cade, as may be amended from time to time. The proposal for acceptance of the employee housing units shall be brought back to the Town Council for their review and approval at a regularly scheduled meeting, as a condition of the issuance of a demolition building permit. The three units shat! be deed restricted and available for occupancy before a Temporary Certificate of Occupancy is issued for the Cornice Building. Upon receipt and recordation of a written agreement to permanently restrict the three off-site employee housing units in compliance with Chapter 18.57 (Employee Hauling) of the Town of Vail Municipal Code, and upon issuance of a Temporary Certificate of Occupancy for the redeveloped Cornice Building, the owner shall be ceieased from all obligations contained in the employee housing agreement dated May 2, 1985, by and between the Town of Vai! and the owner of the Cornice Building, its heirs, successors and assigns. 3 Ordinance No. 7, Series of 1994 .f ~ ~ ~. The applican# shall provide a drainage easement to the Town in order to provide far the maintenance of the existing storm water drainage system located on the western edge of this property. The location and width of the easement will be determined by the Town Engineer. 3. The applicant, or his assigns, agrees to be responsible for the maintenance of all landscaping on Town property, as indicated on the approved landscape plan, for a period of three years. if any vegetation dies during the #hree year period, it shall be replaced by the property owner at the time, at hislher expense. 4. A revocable right-af-way permit shall be obtained for all improvements on public property. SECTION 7 Amendments to the approved development plan shall be reviewed pursuant to Section 18.40.100 of the Vail Municipal Code. SECTION 8 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. The developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. SECTION 9 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 ofi 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 10 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 Vail and its inhabitants thereof. SECTION 11 The repeal or the repeal and reenactment of any provision of the 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, 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. 9 Ordinance No. 7, Series of 1994 r • . t INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March, 1994, and a public hearing on this Ordinance on the 5th day of April, 1994, in the Council Chambers of the Vaii Municipal Building, Vail, Colorado. Margaret A. 4sterfoss, Mayor ATTEST: Holly ~.. McCutcheon, Town Clerlt READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED uz, ~CcQ_Q~ this ~5r~fi day of Q .1994. Margare~A. Ostertoss, Mayor ATTEST: au~0~'`T~1~ ~t~h.a.ox_ . Holly L. McCutcheon, Town Cleric 5 grdinance No.7. Series of 1994 N +4r EXH161T A Camice Building, 362 Vail Valley Drive and more specifically described as follows: A part of Tract "B" and a part of Mil! Creek Road, Vail Village, First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing a# the Northeast corner of Vail Village, First Filing; thence North 79°46'00" West along the Southerly line of U.S. Highway No. 6 a distance of 367.06 feet to the Northeast corner of said Tract "B"; thence South 10°14'00" West alflng the Easterly line of said Tract "B"; a distance of 198.31 feet to the Southeasterly corner of said Tract "B"; thence North 79°46'00" West along the Southerly line of said Tract "B'" a distance of 100,00 feet to the true point of beginning thence north 09°10'07" West a distance of 41.67 feet; thence South 88°27'11" West a distance of 75.21 feet; thence Sou#h 27°13'37" Eas# of distance of 77.37 fee#; thence North 57°24'00" East a distance of 55.11 feet, more ar less to the true point of beginning. 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