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HomeMy WebLinkAbout1995- 7 Repealing and Reenacting Ordinance No. 16, Series 1993; Amending Special Development District No. 5 and Providing for a Development Plan and Its Contents~ • ORDINANCE N0. 7 Series of 1995 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, SERIES OF 1993; AN ORDINANCE AMENDING SPECIAL DEVEiOPMENT DISTRICT NO. 5 AND PROVIDING FOR A DEVELOPMENT PLAN AND ITS CONTENTS; PERMITTED, CONDITIONAL AND ACCESSORY USES; DEVELOPMENT STANDARDS, RECREATION AMENITIES TAX, AND OTHER SPECIAL PROVISIONS; AND SETTING FORTH DETAILS 1N REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Coda 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 Development District {SDD) No. 5 for a certain parcel of property within the Town, legally described in the attached Exhibit A, and commonly referred to as the 5imba Run/Nail Run Special Development District; and WHEREAS, in accordance with Section 18.6fi.140, the Planning and Environmental Commission, on February 27, 1995, held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.6fi.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 ci#izens, inhabitants, and visitors to amend SDD No. 5; and WHEREAS, application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 5, which relate to Development Area B, and which make certain changes in the development plan far Special Development District No. 5 as they specifically relate to Development Area R; 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 NAIL, COLORADO, THAT: SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. SECTIDN 2 -Purposes. Special Development District No. 5 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the genera! character of the Town, provide adequate open space and recreational amenities, and promote 1 Qrdinance I~Io. 7, Series of 1995 the objectives of the 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. 5 Established. (A} Special Develapment District No. 5 is established for the development an a parcel of land comprising 8.84 acres in the Liansridge area of the Town; Special Development District No. 5 and said 8.84 acres may be referred to as "SDD No. 5". (B) The Vail Run building, consisting of 55 dwelling units, approxima#ely 18,000 square feet of commercial space, a swimming pool and three tennis courts, shall be known as Development Area A. The remainder of the property containing approximately 8.3 acres shalt be described as Development Area B (Simba Run and Savoy Villas). SECTION 4 -Approval of the Development Plan Required Prior to Development. (A} Before the developer commences site preparation, building canstructian, or other improvement of open space within SDD No. 5, there shall be an Approved Development Plan for said district. (B) The proposed development plan for SDD No. 5, in accordance with Section 4 hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Section 18.66 of the Municipal Code. (C) The Approved Development Plan shall be used as the principal guide fior aN development within 5DD No. 5. (D} Amendments to the Approved Development Plan shall conform with Chapter 18.40.100 of the Municipal Code. (E} Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal Gode. SECTION 5 -Content of Proposed Development Plan. The Proposed Development Plan shall include, but is not limited to the following data: 2 Orda.nance No. 7, Series of 1995 (A) An Environmental impact Report, which shall be submitted to the Zoning Administrator in accordance with Chapter 18.56 of the Municipal Code. (B) An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities. {C} Existing and proposed contours after grading and site development having contour intervals of not more than two {2) feet. {D) A proposed site plan, at a scale not smaller than 1 inch = 20 feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service entries, driveways, and off_street parking and loading areas. (E) A landscape plan, at a scale not smaller than finch = 20 feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. {F) Building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. (G} A proposed pian of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transporta#ion needs generated by the development. {H) A volumetric model of the site and the proposed development, portraying the scale and relationships of the proposed development to the site illustrating the form and mass of the proposed buildings. {1} An architectural model of each proposed building, at a scale not smalier than 1 inch = 40 feet, portraying design details. {J) A proposed program indicating order and timing of construction phases and phasing of recreational amenities and additional amenities. SECTION 6 -Permitted Conditional and Accessory Uses. {A) In Development Area A -Vail Run, the following uses shall be permitted: {1) Multiple family residential dwellings; 3 Ordinance ~To. 7, Series o~ 1995 (2) Accessary retail, restaurant and service establishments not occupying mare than 18,~OQ square feet including the following: Apparel Stores Art supply stores and galleries Book stores Camera stores and photographic studios Candy stores Chinaware and glassware stores Specialty food stores Florists Gift stores Hobby stores Jewelry stores Leather goods stores Liquor stores Newsstands and tobacco stores Professional and business offices Sporting goods stores Stationery stores Toy stares Variety stores Barber shops Beauty shops Travel and ticket agencies Delicatessens wi#h food service Cocktail lounges, taverns and bars Coffee shops Fountains and sandwich shops Restaurants Additional businesses or services determined by the zoning administrator to be similar to permitted uses. 4 Qrdinance No. 7, Series of 1995 (B} In Development Area B - Simba Run, the following uses shall be permitted: {1} Multiple family residential dwellings which may be condominiumized for sale as interval ownership fee interests and the employee housing units required according to Section (9c), which shall be rental units. {C) In Development Areas A and 13 the following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter 18.fi0 of the municipal code: { 1) Public utility and public service uses; {2} Public buildings, grounds, and facilities; (3) Public or private schools; (4} Public park and recreation facilities; {5) Meeting rooms. (D) In Development Areas A and B the following accessory uses shall be permitted: (1} Indoor and outdoor recreational facilities, including, but not limited to, swimming pools, tennis courts, handball and squash courts and similar recreational facilities. {2) Home occupations, subject to issuance of a Home Occupation Permit in accord with the provisions of Section 18.58.130 at the municipal code. {3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. SECTION 7 -Development Standards. The following development standards have been submitted to the Planning and Environmental Commission for its consideration and recommendations and are hereby approved by the Town Council; these standards shall be incorporated in the Approved Development P{an pertinent to each Development Area to protect the integrity of the development of SDD No. 5; the following are the minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan. Development Area A may be modified provided that no such modification shall increase the discrepancy between the structure ar site improvements and the development standards set forth in this Ordinance. (A) Lot Area -Development Area B shall consist of approximately 6.3 acres. 5 Ordinance No. 7, Series of 1995 (B} Setbacks -The required setbacks shall be as indicated on the Approved Development Pian, being a minimum of 20 feet from any perimeter property line of the total 51te. (C} Distance Between Buildings -The minimum distances between all buildings on the site shall be as indicated on the Approved Development Pian. (D) Height -The maximum height of ail buildings shall be 45 feet, with the exception of the buildings located in Phase II of Development Area B, which shall have a maximum height as indicated on the Approved Development Plan. (E) Density Control -The floor area of all buildings and the number of dwelling units shall not exceed the following provisions: Dev. Dev. Area A Area 8 Total SDD No. 5 Maximum gross residential floor area (sq. ft.} interval Ownership Units 43,000 126,309 169,309 Maximum gross residential floor area Employee Dwelling Units (sq. ft.) 0 4,955 Maximum number of dwelling units, not including the employee dwelling units 55 110 Maximum number of employee dwelling units 0 7 4,955 65 7 Upan the approval of this Ordinance 7, Series of 1995, there wil[ be no remaining dwellings units, Employee Hausing Units or available GRFA for any portion of this SD©. (F} Building Buik Control -Building bulk, maximum wall lengths, maximum dimensions of building groups, and requirements for wall off-sets, shall be as indicated on the Approved Development Plan. 6 Ordinance No. 7, Series of 1995 (G) Bite Coverage -Nat more than 20 per cent of the Development Area B shall be covered by buildings, with the exception of Phase II of Development Area B, which shall be as designated an the Approved Development Plan. (H} Landscaping and Natural Open Space - A minimum of 60 per cent of Development Area B shall be landscaped or natural open space in accordance with the Approved Development Plan, with the exception of Phase II of Development Area B, which shat! be as designated on the Approved Development Plan. (I) Parking and Loading - (1) Off-street parking shall be provided in accord with Chapter 18.52 of the municipal cads; at least $5 per cent of the reauired parking shall be lacy#ed within the main building or buildings, or beneath accessory decks, terraces, plazas, or tennis courts and shall be completely enclosed and screened from view, with the exceptian of Phase ll of Development Area B, which shall be as designated on the Approved Development Plan. (2) No parking or loading area shall be located in any required front setback area or on the south side of any building, and no parking or loading shall be permitted at any time in areas designated for recreation or open space use an the Approved Development Pfan. (~} Driveways, passenger loading areas, and parking areas not located within a building shall be permitted only as indicated on the Approved Development Plan. (4) On-site parking shall be provided for common carriers providing charter service to the development; said parking sites shall be indicated on the Approved Development Plan. (J) The Approved Development Plan for Phase I! of Development Area B shall consist of the following drawings provided by Morter Architects: • Sheet Na. A1.2, dated April 4, 1994, and revised January 16, 1995 (Grading Plan} • Sheet No. A1.2a, dated April 4, 1994, and revised January 16, 1995 (Driveway option plan #1} • Sheet No. A1.2b, dated April 4, 1994, and revised January 16, 1995, (Driveway option plan #2}. 7 ordinance i~7o. 7, Series of 1995 • Sheet No. A1.2c, dated April 4, 1995, and revised January 16, 1995, (Grading Plan with pedestrian path options} • Sheet A1.3, dated April 12, 1995, and revised May 13, 1993, June 14, 1993 and January 16, 1995 {Vicinity Plan/Site Section} • Sheet No.'s A2.1, A2.2 and A2.3 dated January 16, 1995 (Floor Plans for Euilding Five} • Sheet No. A2.A~, dated January 16, 1995 (Elevations far Building Five}. • Sheet No's. A3.1 and A3.2, dated January 16, 1995 (Floor plans for building six) • Sheet No. A3.3 dated February 3, 1995, (Elevations #or building six} • Sheet No. L.1, dated June 16, 1995 (Landscape Plan} SECTION 8 -Recreational Amenities Tax. The recreational amenities tax due to the development within SDD No. 5, shall be assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in conjunction wi#h construction phases and prior to the issuance of a building permit. SECTION 9 -Special Provisions. {A) Conserva#ion and Pollution Controls. (1} All solid fuel burning devices shall con#orm with the Town of Vail Fireplace Ordinance (Ordinance No. 21, Series of 1991 } and as amended in the future. The basic criteria as presently identified in the Ordinance are as follows: a} Construction of open hearth wood burning fireplaces is not permitted within the Town. b) Dwelling units may contain: i) One {1) EPA Phase II certified solid fuel burning device and no more than two {2} gas appliances {8 vent); OR ii} Two (2} gas log fireplaces and no more than two (2) gas appliances {t3 vent}. {2} If solid fuel burning devices are provided within the development, they must be heat efficient through the use of glass enclosures, and heat circulating devices as technology exists at the time of development. $ Ordinance No. 7, Series of 1995 (3) The Developer's drainage plan shall include provisions for prevention of pollution from surface run-off. (4) The Developer shall include in the building construction in Development Area B energy and water conservation controls as genera! technology exists at the time of construction. {B} Phase it of Development Area B shall include two (2) employee housing units, and said housing units shall satisfy the requirements of a "Type III EHU" according to the Town's adopted housing ordinance {Ordinance 27, Series of 1992}. Additionally, five {5} of the existing six employee housing units {numbers 1201, 2205, 2207, 2401, and 2402, as identified on the Simba Run Condominium Map) shall be permanently deed restricted according to the requirements of a "Type 111 EHU" as specified in the Town of Vail's housing ordinance (Ordinance 27, Series of 1992). The remaining employee housing unit {number 1205,) shall become a "free-market" dwelling unit upon such time as the above seven (7) permanently restricted employee housing units meet the restrictions as indicated in the Town of Vail's housing ordinance and have been issued Temporary Certificates of Occupancy. (C} Approval of Subdivision and Interval Ownership -Interval ownership of multiple- family dwelling units, with the exception of the required employee dwelling units and the dwelling units in Phase II of Development Area B, is hereby approved. Subdivision of the multiple_family dwelling units (not designated for employee housing) permitted in Development Area B into interval ownership fee interests shall require no additional approvals from the Town of Vail Planning and Environmental Commission or from the Town Council for the Town of Vail. (D} Recrea#ionai Amenities -The Approved Development Plan steal! include the following recreational amenities: (1} A minimum of five additional tennis courts (Development Area A presently has three tennis courts with two of them covered during the winter season}. Said tennis courts shall be made available to the general public on a fee basis, subject to reasonable regulation in favor of owners or guests of the development. (2} Recreation amenities fund contribution of $10,000 to be used for general recreational improvements by the Town of Vail. ~ Ordinance Na. 7, Series of x.995 {3) Bike and pedestrian path traversing property from east property line of Development Area A to west site line of Development Area B shall be provided by developer with exact location to be mutually acceptable to developer and the Town. (~} Swimming pool {in addition to the existing pool in Development Area A) of adequate size to reasonably serve the needs of the development and shall be open to the public on a fee basis subject to reasonable regulation in favor of owners or guests of the development. {E} Additional Amenities - {1) The Developer shall provide adequate transportation services to the owners and guests of the development so as to transport them from the development to the Village Core area and the Lionshead area. (2) The Developer shalt provide in its Approved Deveiopment Flan a bus shelter of a design and location mutually agreeable to the developer and the Town Council. Said shelter to serve the Lionsridge area generally. (F} Additional Requirements - The developer agrees with the following requirements, which are a part of this amendment to Special Development District No. 5: ~~} Ths-Yawn chili rfit ;~.f::fl a T~mF~r pGn~Esr ~o II acn~rminiums ;asser~#i~-tc the ~'a~-•^"~-raj--phasing plan) Mrti°~I~-~s# #+ma ac Tsrnper~-~e~t+#is~ats ^# ~sc:~pansy's have-bssn isc~asd fcr ~cth :~nita i:~ }ha ~emple}~e^ h^usieg L':~ilsliag, and dss64--F~str9~i^^s l~a~~~e~^ ~~es~ted-#sr ~lnits ~?4=~ ~sr'~, °`'9-7, °~i~'~ and-~A~A2-in the ~im~ €iun ~:~ildi+a~ (~} The Town shall not issue a Temporary Certificate of Occupancy for any un)t In Building #:i (according to the Savoy Villas phasing plan) until such time as deed restrictions have been execu#ed for units 1201, 2205, 2207, 240'1 and 2402 in the Samba Run Building as Type ill EHlI's. Addltionafiy, the Town shall not Issue a Temporary Certificate of Occupancy for any unit In Buiiding #4 or Building #5 (according to the Savoy V11las phasing plan} until such time as Temporary Certificates of Occupancy and deed restrictions have been issued for both of the "Type Ili" EHU units in Buifdlrtg ~. {2} The applicant agrees to permanently res#rict the seven employee housing units as "Type III" EHU's, according to the Town's adopted housing ordinance. 10 Ordinance tin. 7, Series of 1995 (3) The applicant agrees that if they are unable to obtain the permission necessary to locate the bike path on the western portion of the Simba Run property, they will go back to the Design Review Board with an amended site plan which shows the triplex building being relocated approximately 10 feet to the west, in order to allow the bike path to continue in a southerly direction through the property until it connects with the existing bike path adjacent to the North Frontage Road. Irregardless of the ultimate location of the bike path, the applicant agrees to construct and maintain a public pedestrian path through the property (north to south) and will arrange for the grant of a public access easement to the Town of Vail prior to the Town's issuance of any TCO far any of the Phase it condominiums {according to the Savoy Villas phasing plan}. {4) The applicant shall obtain a Colorado Department of Transportation access permit for the proposed triplex driveway prior to the Town's issuance of any building or grading permits for the three townhomes located on the lower bench of the development. (5} The applicant shall add additional landscape plantings subject to the review and approval of the Design Review Board. (6} The applicant shall grant the Town of Vai! a drainage easement through the property, to provide for the existing drainage flow which currently enters tree site between the proposed employee housing building and the eastern condominium building on the upper bench. The developer shall provide this easement to the Community Development Department for approval before the Town will release any Temporary Certificate of Occupancy for units in the Phase ll Condominiums {according to the Savoy Villas phasing plan}. {7} The applicant shall provide a bike path easement for any portion of the existing bike path located upon the applicant's property. The easement shall be submitted to the Community Development Department by the developer and executed before the Town wip release any Temporary Certificate of Occupancy for units in the Phase II Condominiums (according to the Savoy Villas phasing plan). (8} The rockfall hazard report provided by the applicant's geologist in conjunction with the ~ 993 approved development plan, must be amended to identify ~1 ordinance No. 7, Series of 2995 any additional mitigation necessary as a result of the amendments proposed in the 1995 plan, prior to the Town's issuance of any building permits for the project. (9) Prior to the issuance of a building permit for the three townhouse units, the applicant will receive final approval from the Town of Vail Engineer regarding the driveway relocation plans. (10) Prior to the release of any Temporary Ger#iftcate of Occupancy for units In the Phase Il Condaminfums {according to the Savoy Villas phasing plan) the applicant agrees to provide a 10' wide public access easement across the property, parallel with the southern property line. SECTION 10 If any part, section, subsection, 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 Tawn 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 11 The Tawn Council hereby finds, determines and declares that this ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12 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 viola#ion 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 repeated or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed ar superseded unless stated herein. 12 Ordinance No. 7, Series of 1995 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE !N FULL, this 7~}' day of /rt~r~ , 1995. A public hearing an this ordinance shall be held at the regular meeting a# the Town Council of the Town of Vail, Colorado, an the ~/`day of 1~.~ ~-~.- , 1995, in the Municipal Building of the Town. Uf ~ ~'3~ Mayor U Attest: ~~~m~ ~~ Holly L. McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL} (BY TITLE ONLY} THIS ~~ `~~ DAY OF 1~Gri1C?~i. , 1995. _ a. Mayor r Attest: ~~ Holly L. McCutcheon, Town Clerk ORD95.7 1~ Ordinance iQo. 7, Series of 1995 s m n cs~ c~ ~ ~ ~ ~. Q' 6 0 0. o ~ ° a Q ~ Q ~ 7 ~o t~ ~ ~o Q ~ Q o ro 0 O c g ~n 0 ~o ~ ~ c1 ~; o _ ~ b "° ..... ~ ~~ °i a 8 N m a~ m o C7 m i ~~NN ~a~3~m ~ ~ n C~=° ~'~Amn~mm~~~~m°~° vm~ma~m 1~~~d~~m~m~wmcm~0.-'G~~ ~°~O ~~p.x~m ~,~~~~wm~ z Sq~z '3- W sn ,~ ~'aw ~~ On~~a ~~ ' m 0~ ~~ m a a m ~' w ~' m .~ ~' T '~~ sae=~3~a ~sQ~mm°~~mw m $ u ~ ~ ~. 3 w ~ m a ~ ~ ~ c' m ~C1 0~.~~g~°o;m~a~~ 3m ~~~°Cya ~•~~~ mn Tm ~Z ~~'3m3~ N~~'~`~z °~a _ v~ o ~ ~a( O O mmm nm 3 p1 N ~ ~ ~ m',. S ~ N ~ m~ t 1 N~ O O~~{~ N ~ m ~ g g a~ o Q yro Q ~ro m ~ ~cn ~ ao m X . ° ~ ~ "~ n - ~ ~ C`~/7. 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