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HomeMy WebLinkAbout1997-12 Providing for the Establishment of Special Development District No. 35, Austria Haus; Adopting a Development Plan for SDD No. 35 in Accordance with Chapter 18.40 of the Vail Municipal Code• r r • ORDINANCE NO. 12 Series of 1997 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT N0.35, AUSTRIA HAUS; ADOPTfNG A DEVELQPMENT PLAN FOR SPECIAL DEVELQPMENT DISTRICT N0.35 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vai! Municipal Code authorizes special development districts within the Town in order to encourage flexibility and creativity in the development of land in order to promote its most appropriate use and to improve the design character and quality of new development within the Town of Vai! and to further the overall goals of the community as stated in the Vail Comprehensive Plan; and WHEREAS, the Vail Town Council believes that the establishment of Special Development District No. 35 benefits the Town of Vail by enhancing and preserving the hotel bed base, increasing retail shopping opportunities, generating sales tax revenue, implementing scree#scape improvements to East Meadow Drive and Slifer Square, and ensuring deed restricted employee housing for at least 12 employees; and WHEREAS, the developer, Sonnenalp Properties, Inc., has submitted an application for the establishment of Specia! Development District No. 35, for a certain parcel of property within the Town, legally described as on a part of Tract C, Block 5=D, Vail Village First Filing and more commonly referred to as the Austria Haus; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on June 9, 1997, and with the Design Review Board on Aoril 14, 1997, held public hearings an the establishment of Special Deveioproent District ~-o. 35, a.nd has forwaraed {!~eir recommendation of approval to the Town Council; and WHERI=AS, all notices as required by Section 18.66.080, have been sent to the appropriate parties; and WHEREAS, the Tawn Council considers that it is reasonable, appropriate, and benericial to the Town and its citizenry, inhakaitants, and visitors to estatalish Special Development District No. 35; n~:l 'JVf•-IFREAS, the ~~awn Co~~ncil has held a public hearing as required by Chapter 18.60 of the ~i.~ni~:,ipnl C.:ort? nt the "i own of Vail, tJI~V`d, 'i'h-iEr"1EF'(:~H~, i3i~~ l i Gri~7AlNEf~ BY'i H~: "i t ~'v"~if~i ~i.1~1C1~_ E?F T HE T(~i~Vl~i t:~~• i~'r"tiii_, (:~t~li..C?HAt7f~, THA~i~: C~Cd!n3~'.P. 1 Series cf ?997 ~CTiON 1 • The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 1 B.40 of the Municipal Code of the Town of Vail have been fully satisfied. ~ECTiON 2 Special Development District No. 35 is established to ensure comprehensive development and use of an area in a manner that will be harmonious and compatible with the general character of the Town, will provide adequate open space, deed restricted employee housing for twelve (12) employees, streetscape improvements to East Meadow Drive, public improvements to Slifer Square and other amenities, and will 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 District which cannot be satisfied through the imposition of a standard zoning district on the area. SECTION 3 Special Development District No. 35 is established fnr the proposed development on a parcel of land, legally described as on a part of Tract C, Block 5-D, Vail Village First Filing, comprising 24,089 square feet/ 0.553 acres in the Vail Village area of the Town. Said 24,089 square feet10.553 acres may be referred to as "SDD No. 35." SECTION 4 The Town Council finds that the Approved Development Plan for SDD No. 35 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Tawn 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 Approved Development Plan for SDD Nn. 35 is approved. The Approved Development Plan is comprised of those plans submitted by Pierce, Segerberg and Associates, Architects and consists of the following documents: Erxisting Conditions, dated April 14, 1997, (Pierce, Segerberg and Nssociates, Architectsi. 2. Comparison of Existing and Proposed Buildings, dated ,June 5, 1997, (Pierce, Segerierg and ~~s,nciates, ~:rc:r!i:e;i i. ;~. f:;verail itE' ~'is:;, t.r,~ted ,,uiy -i, ~190'i, {PiRrrQ, SPc}er#aerq and AssocratQS, Architects). ~?~. La.rasr.ape ~~ian anti ~~raaiiny l-?lan, anted ,July 1, ~ 9yt , (Pierce, Segerberg and Associates, r~. Garage-i..evei %~laor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Arclsiectsf. ~- T°irst-l_eve! Ffc?or Plan, rJated ~JR~ne 5, 1997, (Pierce, Segerberg & Associates, Arrhitects). Crd!r~nve iz Se^ss o' 1~7 ~ ~ 7. Second-Level Floor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 8. Third-!_evel I;laor Pian, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 9. 1=ourth-Level Ffaor Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 10. Root Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 11. NorthlSouth Elevation Pian, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 12. East/Vllest Elevation Plan, dated June 5, 1997, (Pierce, Segerberg & Associates, Architects). 13. 5treambank Restoration Plan, dated July 1, 1997, (Pierce, Segerberg & Associates, Architects). ~F TI(.ZIV ~ In addi#ian to the Approved Development Plan described in Section 4 above, the fallowing 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 Special Development District Na. 35. The following are the development standards for Special Development District Na. 35: A. Lot Area -The lot area consists of approximately 24,089 square feed 0.553 acres. B. Density Control -The maximum GRFA for the Austria Haus shall not exceed 35,224 square feet. This figure includes 10,261 square feet of hotel accommodation units and 24,963 square feet of fractional fee club units. The approved density for the Austria Haus includes eighteen (18) fractional fee club units, twenty-five (25) hotel rooms (accommodation units) and one (1) on-site manager's residence (Type III Employee Housing Unit), for a total of 31 dwelling units. C. Site Coverage -The maximum site coverage for Special Development District Na. 05 shall not exceed 17,525 square feet, ar 73°fp of the lot area. and shall bP as indicated on the AnprovQ~f L~evelr?pmer~t Plans. 1.3. Setbar..ks - ~1-he setbacks cif the Austria Hayes building shalt be as indicated on the A;r~proved i~PVelapm?rt l~ia.ns. C. Lra.ndsrapfng -Ali landscaping shall be in accordance with the Approved Development f"Tans. f=. Height -The maximum height of the Austria Haus building shall be as indicated ors ti'fe Npproved Development Plans. C. Parking and Loading -Section 18.52 of the Tawn of Vail Municipal Code ~arescribes tine parking regrdrements for cievelopmert. A mi!~imiam of sixty-three (68) underground, on-site vehicle parking spaces shall be provided, in accordance with the Approved Development Plans. T#~e (?rdfnance t2 Series o. 1997 !1 ~J required number of loading and delivery berths shall be a total of 1 berth, in accordance with the Approved Development Plans. H. Commercial Area -The maximum commercial area far Special Development District No. 35 shaft not exceed 5,402 square feet, or 15% of the allowable GRFA, and shall be as indicated an the Approved Development Plans. I. Common Area -The maximum allowable common area for Special Development District No. 35 shall not exceed 12,714 square feet, or 36% of the allowable GR1=A, and shall be as indicated an the Approved Development Plans. J. Uses -The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessary uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vaii with the exception of restaurants or similar food service operations. which shall not be allowed. ~CTIUN 6 The developer, agrees with the #ollowing conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That the applicant prepare a deed restriction or covenant, subject to the Tawn Attorney's review and approval, restricting the current and #uture owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with the Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. 2. That the applicant submit the following plans to the Department of Community Development for review and approval as a part of the building permit application for the Austria Haus: a. Tree Preservation Plan; b. Erosion Control and Sedimentation Plan; c. Cons#ruction Staging and Phasing Plan; d. Storrnwa#er Management Plan; e. Site Dewatering Plan; and f. Traffic Gantral Plan. g. Roof Projection Plan (mechanical equipment) 3. That the applicant provide deed-restricted housing, which complies with the Town of Vail Employee Housing requirements (Chapter 18.57), for a minimum of 12 employees, ancf that said deerf-restricted housing be made available for occupancy, and the deed restrictio~~s recorded with the Eagle County Clerk & Recorder, prior to Ordinance ;2 Series of t8?7 r requesting a Temporary Certificate of Occupancy for the Austria Haus. ` he units which shall be deed-restricted for employee housing include the on-site manager's unit in the Austria Haus, and unit numbers 11, 12, 18, 14, 15, & 16, Solar Vail Condominiums. if the applicant transfers the deed-restriction within the project, or outside of the project, said transfer shall not result in a greater density of housing (employees/square foot} than that proposed by the applicant in the letter from Johannes Faessler to George Ruther dated 5120197 and attached to the staff memo (619197}. A transfer of deed-restriction shall be reviewed and approved by the Town of Vail via a minor SDD amendment, pursuant to Section 18.44.10© of the Municipal Code of the Town of Vaii. 4. That the following design considerations be carefully reviewed by the Design Review Board: A} That the mullions on the windows and doors, as depicted on the building elevations, be a required element of the Aus#ria Haus project. B) That partial improvements recommended for East Meadow Drive, as depicted in the approved Town of Vail Streetscape Master Plan, be implemented as a part of the Austria Haus project. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, asphalt pedestrian walk). C) That the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two feet to three feet. Staff would recommend that all the roof overhangs be a minimum of three feet. D) That the applicant prepare a comprehensive sign and exterior lighting program for the Austria Haus. The comprehensive exterior lighting and sign program will be reviewed by the DREG. E} Tha# the applicant submit plans indicating the proposed design of the bus shelter in Slifer Square. The plans shall be submitted prior to DRB conceptual review. f=) That the applicant submit plans indicating the location, type, and quantity of roof top mechanical equipment prior to DRB conceptual review. G) That the applicant submit detailed building elevation plans adequately labeled to identify architectural details (railings, trim, fascia, etc.) and exterior building materials and colors prier to CURB ronceptua.i review. 5. 13ase~1 upon the Approved Development Plans, and by agreement between the Town of Vai! an~# the applicant, there wiEl be a.n exchange of land between the parties. This wi{i tae by cfer?eral warranty deed, P'-~rsuant to any required provisions in the Charter Ordinance !2 Series of 1997 • and the Municipal Code of the Town of Vail. Prior to the execution of su~ eeds, access to the property can be obtained by the applicant, via an easement from the Town of Vail. Additionally, there is required an approval of a minor subdivision by the PEC within ninety (90) days from the effective date of Qrdinance #f 2, Series off 997 and that all costs incurred to subdivide the property be the responsibility of the applicant and not the Town of Vail. 8. That the PEC approval of Special Development District #35, the approval of the conditional use permit to allow for the operation of a #ractional fee club in the Public Accommodation Zone District, and the approval of a minor subdivision shall be conditioned upon the approval of this SDD establishment request by the Vail Town Council, 7. That the applicant incorporate the originally contemplated design which incorporates the loading and delivery facility adjacent to the underground parking structure. Trying to accommodate loading and delivery in the porte-cochere area will result in conflicts between pedestrians, vehicles accessing the parking structure, and delivery trucks. Although the original design option may not be the desire of the owners of the Village Center Condominiums, the impact can be mitigated with appropriate screening and management. There shall be a loading/delivery management plan which minimizes the impacts of loading and delivery on pedestrians and adjoining property owners. This plan may include, but not be limited to, signage, timing and scheduling, staffing, etc. 8. That the developer shall be responsible far the following off-site improvements: A}The design, construction and all costs incurred to improve East Meadow Drive. This includes, but shall not be limited to, all the improvements identified on the Approved Development Plans (street lights, curb/gutter, paving, utilities, drainage, irrigation, etc.) and subsequent construction documents. The installation of the f 2- foot wide, concrete unit paver, pedestrian walkway, as identified in the Town of Vail Streetscape Master Plan, shall not be required. The developer shalt install and be reimbursed by the Town of Vail, ail costs incurred to install a street heating system under East Meadow Drive on a castlsquare foot basis should the Town wish to heat East Meadow Drive. The Town of Vail shall provide construction documents to the developer for the heating system. B} The design, construction and all costs incurred to install a boulder retaining wall Ordinance 12 Series of 1997 6 • ~ on the north side of East Meado~rive. The design of the wall shall bed mined in cooperation with the Town of Vail prior to the iss~rance of a building permit. C) The maintenance and upkeep of the landscape planters in the Town of Vail right- of-way, on the north side of the Austria Haus. D) The design, construction and all costs incurred to improve the westernmost sixty (80'} of Slifer Square, as measured from the eastern property lines of the Austria Haus, and as identified on the Approved Development Plans, and subsequent construction documents. This shall include, but not be limited to, the bus shelter, landscaping, paving, seating, lighting, irrigation, street heating system, etc. The design of the bus shelter shall be reviewed and approved by the Town of Vail prior to the issuance of a building permit. The operation and maintenance of the street heating system in this portion of Slifer Square shall be the responsibility of the Town of Vail. E) The construction of all other improvements to the remaining portion of Slifer Square should the Town wish to pursue improvements. The Town of Vail shall reimburse the developer on a costlsquare foot basis. The operation and maintenance of a street heating system under this portion of Slifer Square shall be the responsibility of the Town of Vail. F) The design, construction and all costs incurred to construct a belvedere in Slifer Square. The design and location of the belvedere shall be reviewed and approved by the Town of Vail prior to the issuance of a building permit. The belvedere shall be installed as part of the required Gore Creek streambank improvements. G) The design, construction, and all casts incurred to construct the Gore Creek streambank improvements in Trart I, Vail Village First Filing, from the Covered Bridge to the west property line of the Austria Haus. The improvements shall be those identified on the Austria Haus streambank Restoration Plan, and subsequent construction documents. The Plan shall be reviewed and approved by the Town of Vail at second reading of Ordinance # 12, Series of 1997. 9. The developer shall work cooperatively with a representative from the Village Center Condominium Assoc;iatian on the relocation of the outdoor pool identi#ied on the Approved Development Plans. ~E TION 7 Arnenciments 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 Sections 18.68.080 and 18.40.100. Amendments which change orrtinance 12 Series of 1997 7 ~ r '- ~ i the substance of the Approved Development PTn 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 Approved Development Plan, in accordance with the Municipal Code of the Tawn of Vail. ACTION 8 The developer must begin construction of the Special Development District within three (3) years from the effective date of this ordinance, and continue diligently toward completion of the project. If the developer does not begin and diligently work towards the completion of the Special Development District, or at any stage of the Special Development District, the developer shall recommend to the Town Council that either the approval of Special Development District No. 35 be extended, that the approval of Special Development District No. 35 be revoked or that Special Development District No. 35 be amended. SECTION 9 If any part, section, sentence, clause, or phrase of this ordinance is far any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council heretay declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one ar more parts, sections, subsections, sentences, clauses, ar 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 Tawn of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this f 7th day of June, 1997, and a public hearing far second reading of this Ordinance set for the 7st day of ,July, 1997, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. i / ;, / J/ Ro(((bert W. Armour, Mayor Attest: ~~~ Holly ~.. h/IcCutcheon, Town Clerk READ AND APPROVPD ON SECOND READING AND ORDERED PUBLISHED IN FULL this Ordinance 1? Series of 199J i/ ,~ e ~ ~ /~ day of L-1~Lc-~v .1997. ~ ~ f.:. Vin' _«t~. ~~: Robert W. Armour, Mayor Attest: Lc~!~ ~(.I~". ~~C~L?~~~L.~7.C Holly L. McCutcheon, Town Clerk Ordinance 72 Serlesof 1rJ37 C; ~y5 •~•~.....ti~ ,QO .~ •` Q' ~ • 1 .~ o: A• " .~ ~: 00 ~~~ ~:~ o .e •+ ~~ggao....•.• Q , 0 ~ ~ a ~~ O fl Q ~ j ~ 0 Q ~ ~ ~ - C? -~~ C~-p ~ ~ r ..! ~.~(~ ~ • ~" Q Q C X ~ ~ ~ m ~ -« ~ a ~ ~ a o cD ~ ~ ~- ~ D 0 m ~ O cn o '~ cn VI ^ ~ ~ ~ ~ c ~~ ~ L ro ~ ~ ~a a D O T n ~, Q m Q D m O ~ O ~ ~ ~ G Q ~ Q ~ ~ ~ ' ~ ~ O Q ~ ~ Z D ~ O ~ d ~. O ~ H O (p ~ cn ~ "~ u~ cn 6 ~ m 4 (D ~. z m O ~ O rn ~ ~' O n ~= O ~ 0 cD Q -~ (CZ c~D C7 O Q Q X ~ fl Q ~ Q ~ Q O ~ ~ ~ ~ O ~ ~ ~ 3 ".~ ~ ~ ~ O ~ O =". Q O 3 (D cam" Q ~ ~ ~ -~ ~ ~ O ~ ~ ~ ~ rt ~ ~ 0 Q. 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