HomeMy WebLinkAbout1995-14 Providing for the Major Amendment of Special Development District No. 31, Golden Peak House; Amending an Approved Development Plan for SDD No. 31 in Accordance with Chapter 18.40 of the Vail Municipal Code
ORDINANCE N0.14
Series of 1995
AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT
DISTRICT N0.31, GOLDEN PEAK HOUSE; AMENDING AN APPROVED DEVELOPMENT
PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.31 IN ACCORDANCE WITH CHAPTER
18.40 OF THE VAIL MUNICIPAL CODE; LOCATED AT 278 HANSON RANCH ROADILOTS A,
B, AND C, BLOCK 2, VAIL VILLAGE ~ ST FILING AND A PORTION OF TRACT E, VAIL
VILLAGE 5TH FILING, AND 5ETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development
distrlcts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, the developer, GPH Partners, Ltd. has submitted an application far the major
amendment of Special Development District (SDD) No. 31, for a certain parcel of property within the
Town, legally described as Lots A, B and C, Black 2, Vail Village 1st Filing and a portion of Tract E,
Vail Village Fifth Filing and commonly referred to as the Golden Peak House Special Development
District; and
WHEREAS, the proposed major amendment to the SDD is in the best interests of the
community as it meets the municipal objectives identified in the Town of Vail Comprehensive Plan;
and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on September 11, 1995, held a public hearing on the major amendment to the SDD
and has submitted its recommendation to the Tawn Council; and
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 modify the approved SDD No. 31; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the
Municipal Cade of the Town of Vail.
NJW, THEREFQRE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
GOLt~RA~7U, THAT:
SECTION 1
The Town Council finds that al! the procedures set forth for Special Development Districts
in Chapter 18.40 of the Municipal Cade of the Town of Vail have been fully satisfied.
Ordinance Ne. 14,
Series of f99S
i ~ •
SECTION 2
Special Development District No. 31 was 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, 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 was established for the development an a parcel of land
comprising 8,375 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 ".
S1=CTION 4
The Town Council finds that the amendment to the approved development plan for SDD. No.
31 meets each of the standards set forth in Section 18.40.080 of the Municipal Code 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
amendment to the development plan for SDD No. 31 is approved. The amended development plan
is comprised of those plans submitted by Snowdon and Hopkins Architects, and consists of the
fol{owing documents:
1. Sheet No. A-1, dated October 25, 1993 (site plan).
2. Sheet No. A-6, dated October 25, 1993 (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 January 12, 1995 and revised July 18, 1995 and August 14,
1995 (third floor plan).
6. Sheet No. A-10, dated January 12, 1995 and revised July 18, 1995, (fourth floor
plan).
7. Sheet No. 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 January 12, 1995 and revised July 18, 1995 and August
Qrdinance No. 14,
'Z Series o! 1995
•
14, 1995 (building elevations).
10. Sheet No. A-14, dated October 25, 1993 (building sections).
11. Sheet No. A-15, dated October 25, 1993 (sun/shade analysis).
12. Sheet No. A-16, 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 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
SDD No. 31; the following are the development standards for 5DD No. 31:
A. Lot Area -The lot area shall consist of approximately $,375 square feet.
B. Setbacks -The required setbacks shall be as indicated on the Approved Development
Plans.
C. Height -The maximum height of the Golden Peak House Building shall be as
indicated on the Approved Development Plans.
D. Density Control -The maximum GRPA for the Golden Peak House shall not exceed
18,715 square feet. This figure includes 2,781 square feet of excess common area that has been
included in the GRPA. The approved density for the Golden Peak House includes fourteen (14)
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% 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
Flans.
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 I zone district shall
not be allowed to provide required parking on-site. Parking shall be provided by GPH Partners, Ltd.
paying into the Town`s parking pay-in-lieu fund. The 1993 SDD approval required a total of 13.794
parking spaces. This 1995 major SDD amendment requires an additional (1.2197 parking
spaces. Payment into the parking fund, for the major SDD amendment portion of the project,
Ordinance Ha. 14,
3 Series of 1995
shall occur prior the Town's issuance of a Temporary Certificate of Occupancy for the project,
according to Section 18.52.1Gt](B,5) of the Town of Vait Municipal Code.
SECTION 6
The developer, jointly and severally, agrees with the foElowing requirements, which are a part
of the Town's approval of this 5DD No. 31:
That prior to the Town's issuance of a Building Permit for the construction of SDD No.
31, GPH Partners, Ltd. shall cause to be permanently restricted, two off-site, two-bedroom,
employee housing units per the Town of Vaif Housing Qrdinance. Each unit shall be a minimum size
of 7D0 square feet. The units shall meet the Town of Vail Housing Ordinance requirements and such
units shall be within the Town of Vail.
2. That prior to the Town's issuance of a Building Permit for the redevelopment projec#,
the Golden Peak House Condominium Association will contribute $32,004.00 towards the redesign
and redevelopment of Seibert Circle. The $32,OOD contribution towards the redevelopment of Seibert
Circle shall be credited towards the Golden Peak House, should a future Special Improvement
District be created for this project.
3. That prior to the Town's issuance of a building permit far the redevelopment project,
Vail Associates, Inc., will dedicate open space to the Town. The minimum area of open space shall
be at least an equivalent area, to that of the area of the Tract E "overhang and deck" easements.
A portion of the Mill Creek stream tract will be dedicated to the Town of Vail as permanent open
space and the Pirate Ship Park area of Tract E will be leased to the Town of Vail for the purpose of
maintaining the park. The terms of the lease are to be agreed upon by the parties.
4. That the Golden Peak House Condominium Association and Vail Associates, Inc.
shall reserve a public pedestrian access, across Lot C, which is located between the Golden Peak
House and the Hill Building, by declaration to be recorded with the Eagle County Recorder. Such
declaration shall be permanent and only revocable upon written agreement with the Town of Vail.
~`he declaration of public pedestrian access shall occur prior to the Town's issuance of a Building
Permit for the project.
5. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units
(Units 2D1 and 401) to be included in a short-term rental program, at comparable market rates, at
all times when said dwelling units are not occupied by the owner or his guests.
B. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the
Qrtlinance No. 14,
(~ Series of 1895
redevelopment project, GPH Partners, Ltd. steal! deed restrict, the remaining two lock-offs in the
building {or equivalent), to be included in a short-term rental program, at comparable market rates,
at all times when said lack-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 a short-term rental program, at comparable market rates,
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 improvement district(s)
which may be established by the Tawn of Vail for the purposes of constructing improvements as set
forth in the Town of Vail Streetscape Master Plan andlor the Vail Transportation Master Plan, if and
when an improvement district{s) is formed.
9. That the Golden Peak House Condominium Association and GPH Partners, Ltd. shall
cooperate with, and shall not protest ar remonstrate against, any efforts by the Town of Vail to
establish additional view corridors or amendments to existing view corridors as enhanced by the
project. Such changes and additions shall be pursuant to the Municipal Code of the Town of Vail.
10. That the pedestrian arcade {which was originally proposed over the first floor retail
windows on the north elevation), and that 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
E3aard and included in the final building design, if required by the Design Review Board.
11. That GPH Partners, Ltd. further articulate the first floor "retail windows", by adding
divided lights to the large single panes of glass.
12. 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.
13. That the proposed tar and gravel roof #or the building is acceptable.
SECTION 7
Amendments to the approved development plan which do not change its substance may be
approved by the Planning and Environmental Commission at a regularly scheduled public hearing
in accordance with the provisions of Section 18.66.060 and 18.40.100. 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 plan.
Ordinance Na. 14,
Series of 1995
! • ~
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 18.40.121? 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 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, ar phrases be declared invalid.
SECTION 1 Q
The Town Council hereby finds, determines and declares that this ordinance is necessary
and proper for the health, safety and welfare of the Tawn of Vail and its inhabitants thereof.
SECTION 11
The repeal or the repeal and reenactment of any provision a# 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 ar proceeding as commenced under or by virtue of the provision repealed or repealed and
reenacted. The repeat of any provision hereby shall not revive any provisions or any ordinance
previously repealed ar superseded unless stated herein.
Ordinance No, f4,
s Series of 1955
3
INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED
PUBLISHED ONCE IN FULL, this ~_~ day of Or~x~~Rh , 1995. A public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado,
an the 7 day of _~~ r-r~ ~~ , 1995, in the Municipal Building of the Town.
~--~
Mayor U
Attest: ~~~ ~~ ~ '~.;
F
~ E ~4, ~
-. ~~~. _ -
Tawn Clerk i °- ~'
Q \`1~~
INTRODUCED, READ, ~A~'Q , , vR~~D ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IN FULL) (BY TITLE ONLY) THIS ~ DAY OF ~ cn r , 1 gg,.
o~»-Nttini~rr~rrrrylliii~ ~.~~
~~~~ ~ OF ~~;r ~ T.~/~.~
,~p~s ~,q/~'%.,,f Mayor
Attest: -
-
L:~ic~. ~~ E ~ L
Town Clerk !
OR
ordinance No. 1q,
7 5eris6 Af 1995
. ~- ! ~ 7 ~ r
ORDINANCE NO. 14 ~~
Series of 1995 ~'
AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPM T
DISTRICT N0.31, GOLDEN PEAK HOUSE; AMENDING AN APPROVED DEVELOPME
PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.31 IN ACCORDANCE WITH CHAry ~R
18.40 OF THE VAIL MUNICIPAL CODE; LOCATED AT 278 HANSON RANCH ROADIL~`I`S A,
B, AND C, BLOCK 2, VAIL VILLAGE 1ST FILING AND A PORTION OF TRACT E, I~~AIL
VILLAGE 5TH FILING, AND Sc ~ ~ ING FORTH DETAILS IN REGARD TNERET
WHEREAS, Chapter 18.40 of the Vaii Municipal Code authorizes special
districts within the Town in order to encourage flexibility in the development of land,~and
WHEREAS, the developer, GPH Partners, Ltd. has submitted an ap~ilication for the
major amendment of Special Development District (SDD} No. 37, for a!~certain parcel of
property within the Town, legally described as Lots A, B and C, Block 2, Vaii ~Viiiage 1st Filing
and a portion of Tract E, Vail Village Fifth Filing and commonly referrec~~o as the Golden Peak
House Special Development Distrlct; and ~~
~'
WHEREAS, the proposed major amendment to the SDD:=~is in the best interests of the
community as it meets the municipal objectives identified in the Tdwn of Vail Comprehensive Plan;
,~
and ~
WHEREAS, in accordance with Section i8.66.i,~0, the Planning and Environmental
Commission, on September 11,1995, held a public he~ring on the major amendment to the SDD
and- has submitted its recommendation to the Town council; and
WHEREAS, all notices as required by Sec~iOn 18.66.080 have been sent to the appropriate
parties; and ;~
i
WHEREAS, the Town Council consi~rs that it is reasonable,' appropriate, and beneficial to
the Town and its citizens, inhabitants, arfd visitors to modify the approved SDD No. 31; and
WHEREAS, the Town Caunci~,t~as held a public hearing as required by Chapter 18.86 of the
Municipal Code of the Town ofi V
NOW, THEREFOR , BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
~~~r~ 1^
:hat all the procedures set forth far Special Development Districts
~l Code of the Town of Vail have been fully satisfied.
~.
a:
1 ~ ~,~
\\ ~ 1` ~~
Ordinance No. 14,
SeneS of 1995
14,1995 {building elevations}.
10. Sheet Na. A-14, dated Ocrober 25, 1993 (building sections).
11. Sheet No. A-15, dated October 25, 1993 {sun/shade analysis}.
12. Sheet No. A-16, dated October 25, 1993 {View Corridor No. 1 analysis).
13. Other general submittal documents that define the development stands
Special Development District.
SECTION 5
In addition to the Approved Development Plan described in Section 4
development standards have been submitted to the Planning and
consideration and recommendation and are hereby approved by the
are incorporated in the Approved Development Plan to protect the i
SDD No. 31; the following are the development standards for SDD~Ia. 31:
A. Lot Area -The lot area shat! consist of
B. Setbacks -The required setbacks shall be as
Plans.
of the
the following
Commission for its
ncil; these standards
of the development of
8,375 square feet.
on the Approved Development
C. Height -The maximum height of the G~Ifden Peak House Building shall be as
indicated on the Approved Development Plans
D. Density Control -The maximum GRF for the Golden Peak House shall not exceed
18,758 square feet. This figure includes 2,781 s are feet of excess common area that has been
included in the GRFA. The approved density~or,the Golden Peak Douse includes fourteen (14)
dwelling units. Three of the dwelling units ~(re approved to have Pock-offs:
E. Site Coverage -The ma~i'mum site coverage for this Special Development District
shall not exceed 7,874 square feet, or~4°/a of the lot area, and shalt be as indicated on the Approved
~ ,
Development Plans. .f
a
F. Landscaping - A~I~landscaping shat! be in accordance with the Approved Development
Plans./
G. Parkingf'As provided for in Section 18.52 of the Town of Vail Municipal Code, Off-
Street Parking and,~oading, all properties located within the Commercial Core I zone district shall
not be allowed tgfprovide required parking on-site. Parking shall be provided by GPH Partners, Ltd.
paying into t~'e Town's parking pay-in-lieu fund. The 1993 SDD approval required a total of 13.784
I,.
J
parking ,!;paces. This 1995 major SDD amendment requires an adcfitionai 0.2197 parking
spaces. Payment into the parking fund, for the major SDD amendment portion of the project,
3
Ordinance No. tA,
Senes of 1995
redevelopment project, GPH Partners, Ltd. shall deed restrict, the remaining two lpcic-offs in
building (or equivalent}, to be included in a short-term rental program, at comparable market ra s,
at alt times when said lock^offs are not occupied by the owner or his ar her guests.
7. That prior to the Town's issuance of a Temporary Certificate of Occupant for the
redevelopment project, GPH Partners, Ltd. shall deed restrict, the.two
units (or
equivalent) in the building, to be Included in a short-term rental program, at comparable arket rates,
at all times when said accommodation units are not occupied by the owner or hi or her guests.
8. That the Golden Peak House Condominium Association, or t it successors in
interest, shall participate in, and shall not protest or remonstrate against, any im rovement district{s)
which may be established by the Town of Vail for the purposes of constructin improvements as set
forth in the Tawn of Vail Streetscape Master Plan and/or the Vaii Transpo,~ation Master Plan, if and
when an improvement district(s) is formed.
9. That the Golden Peak House Condominium Associatitn and GPH Partners, Ltd. shalt
Cooperate with, and shall not protest or remonstrate against, a~iy efforts by the Town of Vail to
establish additional view corridors or amendments to existing/view corridors as enhanced by the
project. Such changes and additions shall be pursuant to tl~'e Municipal Cade of the Town of Vail.
10. That the pedestrian arcade (which was or~inally proposed over the first floor retail
windows on the north elevation), and that the.original gr~Sund floor plan, which does not include the
curved retail windows along the eastern portion of th building, be reviewed by the Design Review
Board and included in the final building design, if gaited by the Design Review Board.
11. .That GPH Partners, Ltd. further rticuiate the first floor "retai{ windows", by adding
divided lights to the large single panes of gl s.
12. That the Design Review Bo rd review the proposed roof form over the main entry on
the north elevation, and determine if tl~ roof form needs to be lowered.
13. That the proposed tsyf and gravel roof for the building is acceptable.
SECTION 7
Amendments to the ~aproved development plan which do not change its substance may be
approved by the Planning and Environmental Cammissian at a rPni,larl~ Srhp[1ul~rl n~ihGr hparinn
in accordance with t e provisions of Section 113.66.D60 and 18.40.1Og. Amendments which do
change the subst ce of the development plan shall be required to be approved by Town Council
after the
determine ~
procedure has been followed. The Community Development Department shall
at constitutes a change in the substance of the development plan.
.~
Ordinance No. 14,
Series of 1995
• J,
J + r
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORD ED
PUBLISHED ONCE IN FULL, this day of , 1995. A public hearin on this
ordinance shall be held at the regular meeting of.the Town Council of the Town of Vai Colorado,
on the day of , i 995, in the Municipal Building of the Town.
Mayor
Attest:
Town Cleric
INTRODUCED, READ, ADOPTED AND ENACTED 0
PUBLISHED (IN FULL) (BY TITLE ONLY) THIS
Attest:
Town Clerk
~~
AND ORDERED
„ i 995.
Ordinance No. 14,
'~ Series o! 1995