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2001-24 Repealing and Reenacting Ordinance No. 9, Series 1988 and Ordinance No. 17, Series 1996 Providing for the Major Amendment of SDD No. 21, Vail Gateway, to Allow for the Change in the Underlying Zoning
• • • ORDINANCE NQ. 24 SERIES OF 2001 AN ORDINANCE REPEALING AND RE-ENACTING ORDNNCE N0.9, SERIES OF 1988 AND ORDINANCE N0.1T, SERIES OF 1996, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT N0.21, VAiL GATEWAY, TO ALLOW FOR THE CHANGE IN THE UNDERLYING ZONING OF COMMERCIAL CORE 1 TO COMMERCIAL SERVICE CENTER; AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.21, VAIL GATEWAY; AMENDING TITLE 12, CHAPTER 7, ARTICLE E, SECTION 4, TO ADD "PRIVATE CLUB" AS A CONDITIONAL USE IN THE COMMERCIAL SERVICE CENTER ZONE DISTRICT; AMENDING TITLE 12, CHAPTER 2, SECTION 2, TO ADD A DEFINITION OF PRIVATE CLUB; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in 1988, the Vail Town Council adopted Ordinance No. 9, Series of 1988, establishing Special Development District No. 21, Vail Gateway and, in 1996, the Vail Town Council adopted Ordinance No. 17, Series of 1996, amending Special Development District Na. 21, Vail Gateway; and WHEREAS, Section 12-9A-10 of the zoning Regulations permits major amendments to previously Approved Development Plans far Special Development Districts; and WHEREAS, Mountain Owners, L.P., as owner of the properly, and represented by Timberline Commercial Real Estate, has submitted an application for a major amendment to Special Development District No. 21, Vail Gateway, a tex# amendment to the Town code, and a zoning map amendment; and WHEREAS, the purpose of this ordinance is provide for a major amendment #o Special Development District No. 21, Vail Gateway, to amend the Approved Development Plans, and to allow for the change in the underlying zoning from Commercial Care I to Commercial Service Center, to adopt amendments to Sections 12-7E-4 and 12-2-2 of the Town Code to allow for private clufas as a conditional use in the Commercial Service Center zone district and to provide a definition thereto; and WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 9, Series of 1988 and Ordinance No. 17, Series of 1996, to provide for such changes in Special Development District No. 21, Vail Gateway; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, the approval of the major amendment to Special Development District No. 21, Vail Gateway, and the development standards in regard thereto shall not establish precedent or entitlements Elsewhere within the Town of Vail; and , ~,.~~~,:~~~~~ N... z.i, s~•~~.:.. ~,r zim i iwn rnif ~ • • WHEREAS, the Town Council finds that the underlying zoning designation of Commercial Service Center is compatible with and suitable to adjacent uses, is consistent with the Town's Land Use Plan and Zoning Regulations, and is appropriate far the area; and WHEREAS, in accordance with the provisions outkined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application, zoning map amendment, and text amendments to the Town Code on July 23, 2001; and WHEREAS, all public notices as required by the Town of Vaii Code have been published and sent to the appropriate parties; and WHEREAS, the Planning & Environmental Commission has recommended approval of the major amendment to Special Development District No. 21; has recommended approval of this zoning map amendment; has recommended approval of the proposed text amendments to Sections 12-7E-4 (Conditional Uses) and 12-2-2 (Definitions) of the Town, and has submitted its recommendations to the Town Council; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to approve the major amendment and adopt the revised Approved Development Plan for Special Development District No. 21, Vail Gateway; to amend to Town of Vail Official Zoning Map; and to adapt the proposed text amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1988, and Ordinance No. i 7, Series of 1996, are hereby repealed and reenacted, as follows: Section 1. Parnose of the Ordinance The purpose of Ordinance No. 24, Series of 2001, is to provide for a major amendment to Special Development District No. 21, Vail Gateway, to allow for a change in the underlying zoning from Commercial Core I to Commercial Service Center; and to adopt revised Approved Development Plans for Special Development District No. 21, Vail Gateway; and to adapt amendments to Sections 12-7E-4 and Section 12-2-2 io allow for private clubs as a conditional use in the Commercial Service Center zone district and to provide a definition thereof. Section 2. Amendment Procedures Fulfilled. Planning Commission Report The approval procedures described in Section 12-9A-10 of the Vail Municipal Cade have onpn.un ~.~~. z4, 5c~i~'-+~>r luul u9nvml 2 • • • been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission far a major amendment to the Approved Development Plan for Special Development District Na. 21, Vail Gateway. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A-10 of the Vail Municipal Code. Section 3. Amending the Underlvina Zoning of Special Development District No. 21 from Commercial Core I to Commercial Service Center The O#ficial Zoning Map of the Town of Vail is hereby amended as follows: The Vail Gateway, located at the Vail Gateway Building, 12 Vail Road / a portion of Lat N and a portion of Lot O, Black 5D, Vail Village 1St Filing, as indicated in Exhibit A shall be rezoned Special Development District No. 21 with an underlying zoning of Commercial Service Center District. Section 4. Special Development District No. 21 The Special Development District and the major amendment to the Approved Development Pion are established to ensure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 21 is regarded as being complementary to the Tawn of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Commercial Service Center zone district requirements. The Special Development District is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Tawn, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Tawn of Vail Comprehensive Plan. Section 5, Development Standards -Special Development District No, 21, Vail Gatewav The Town Council finds that the amended development plan #or Special Development Listrict No. 21 meets each of the standards set forth in Section 12-9A-10 of the Municipal Code of the Town of Vail. In accordance with Section 12-9A-10, the amended development plan for especial Development District No. 21 is approved and Special Development District No. 21 is •.n~ c Nn. 24, ScriN.v of?1X11 IUfl9f111 3 • • • hereby approved. The amended approved development plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documents: 1. Site plan, dated March 2$, 1988 2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28, 1996, and revised plans dated (June 7, 2001). 3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 4. Landscape plan dated March 28, 1988 5. Special Development District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988. &. Parking Management Plan as prepared by Braun and Associates, Inc., dated August 13, 2001. Section 6. Approved Develoument Standards The development standards far Special Development District No. 21 are approved by the Town Council as part of the approved development plan and as follows: A. Setbacks -Setbacks shall be as indicated on the site plan set forth in Section 5 of this Ordinance and as indicated below: West: 18 ft. South: 20 ft. East: 1 ft. North: 15 ft. B. Building height -Building Height shall be as indicated on the elevations and roof plan set forth in Section 5 of this Ordinance, and not to exceed 54 ft. C. Site Coverage -Site coverage shall be as indicated an the site plan set forth in Section 5 of this Ordinance, and not to exceed 64% or 15, 459 sq. ft. D. Landscaping -The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 5 of this Ordinance, and not less than 5.4% ar 1,309 sq. ft. E. Parking -Parking demands of this development shall be in accordance wi#h the developer's proposal to provide 93 parking spaces and as set forth in Section 5 of this Ordinance. F. Density -The density allowed in Special Development District Na. 21 shall be up #o odlunnc3 Nu, 2n, 3rris uf2Wl! 119f14;u1 4 • • ~ 9 dweiNng units consisting of not more than a total of 17,160 sq. ft. of GRFA. If less than 9 dwelling units are constructed on site in the initial phase of construction, then the developer shall be required to submit a revised development plan for any subsequent phases of construction. The applicant shalt submit revised plans for review and approval by the Town of Vail, prior to application for a building permit. The revised plans shall be adopted as part of the approved development plan. Section 7. Permitted. Conditional, and Accessorv Uses The uses of Special Development District No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Service Center zone district. The permitted uses in the Special Development District shall be the same as those uses permitted in Section 12-7E-3 of the Corrimerciai Service Center zone district. Conditional uses in the Special Development District shall be the same as the conditional uses listed in Section 12-7E-4 of the Commercial Service Center zone district, and accessory uses in the Special Development District shall be the same as the accessory uses listed in Section 12-7E-5 of the Commercial Service zone district. Section 8. Approval Agreements far Special Development District No. 21, Vail Gatewav 1. That the applicant completes each of the items listed below regarding basic maintenance and improvements prior to the issuance of a T.C.O. for any of the units (residential or office) within the Gateway: a. Ali of the signs for the businesses that are no longer located within the building shall be removed. b. The sidewalk on the north side of the building shall be repaired c. The floodlights on the northwest corner of the building shall be removed. d. The stairwell on the east side of the building shall be cleaned and repaired. e. The lattice on the east side of the building shall be repaired. 2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Wotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit tir~Eiiuiii~t N~, : ~4,.SCric.4 for 2IN11 UNfl Yiul 5 • • • revised plans to the Town of Vail Community Development Department far review and approval, prior #o the issuance of a building permit. Section 9. Amendment to the Commercial Service Center Zone District Title 12, Chapter 7, Article E, Section 4, is hereby amended as follows: {Text that is to be added has been underlined.} 12-7E-4: COND1T10NAL USES: The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Private clubs Section 10. Amendment to the Defininitions Chanter of the Zoning Regulations Title 12, Chapter 2, Section 2, is hereby amended as follows: (Text that is to be added has been underlined.) 12-2-2: DEFINTIONS: PRIVATE CLUB: an association of persons and its premises who are bonafide members paving dues. use of such premises being restricted to members and their guests. Section 1 ~ . 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 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 ar more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The repeal nr the repeal and re-enactment of any provisions 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 provision or any ordinance previnusiy repealed or superseded unless expressly stated herein. [ ~~,Eln.iiicc Nu. 24, Stiles of 2iH1 f tl}f 19nH 6 ~ • ~ Section 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4'" day of September, 2001, and a public hearing for second reading of this Ordinance set for the 18'" day of September, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~`~~ Ludwig Kurz, Mayor ATTEST: I ~--~~ , Lorelei Donaldson, ~ltr~~'c~~ - Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this f8`" day of September, 2001. ~-: ~. Ludwig Kurz, Mayor ATTEST: l p ~ a~ ~: ,. ~~, ~ ~.~~ ,, Lorelei Donaldson, Town Clerk ~ ,.~ , O~~' ~ ~. nrr Nu. 24, S.~ricy u1' 2 W 111Y719lVI 7 • ~~ ~ ~ O ~ Q c3 a a a ~ `~ a ~~, a {D Q ~ ~ m 0 3 Q7 O O -G O __. _ ~ o _..~,.~ ~ ~..- ~ Q m ~,_, Q- a o~ ~?~~ w I cn o a ~ ~ ~ ~ n N ~ -~- Z ~ ~ 3 ~ ~ ~ cQ ~ ¢ O ~ D ~ O Q ~ ~ o C`~ ~ ~ ~ ~ Q Q ~ ~ ~ Q ~ ~ O ~ {D ~ rr. Q~ 0 0 0 ~ T D O b p ~„ m p ~r 3 ~. ~ ~ ~ ~ ~ ~ ~ X d ~ c ~ ran ~ m ~~, , ~ ~- m Q. -r -~- ~ Oj Cl ~ ~ ~ ~ ~ @ Q- -~ cn -O C ~ ~ -~ ~ O fl ~ c ~ x -c~ ~ ~ m ~ I~~ ~ g ro Q. ~ ~_ ~ 4 ~ Q p Q~ p~ Q ~ O ~ ~ Q ~ ~ -~- Q ~ Q -^ ~ O' O ~, n ~ Q ~ i`J ~ ~ ~ ~ O ~ ~ ~ ~~j Q ~ N Q "C7 ~ ZJ G ~ '~. ~~ Q Q ~ ~ ~ ~ m I fl ~ ~• ~ ~ Q s~ rn ~ T O~-r, ~ ~] CJ ~ ~ O.. O ~ O N ~ ~ O I ca ~ 3 0 ~, m ~ ~ ~ Q Q a~ m~ Q Q 7?, 7 ~ ~ ~` ~ ~ ~ ~~ ~ ~ ~ ! ~ ~ ~ ~ N CD ~ (~D C~1 ~ ~ - ~ Q o ? ~ m ro t0-Z aS ~ o m ~ ~~~: ~ ~ 9C O~~m ~~ ~ y~ ~3 ' ~'~ ~~y ~ a m ~~~ ~~ ~ ' ~Z ~~ ~~ ~~ NQy A.P rp ~ ~v0 m® 'p ~~ i q fit Clt ~N ~Ts°~ C "m ~~ m ~. N p, ~ Z ~' me' ~ {"}. ~~ ~ . ~~ O" ~ ~ ~'1 T ~- C7 ~ O L`5 }~~ ~ a. ~' ~~.~ ~ ~ r i ~• N ~~ C ~~~ ~ ~ "`V ~ O ~ ~ O ~ ~~ o ~~ r ~ ~} ~~ ~. ~ ~. ~. ~ C ~ ~_ ~ a~ C? C ~ 7 ~ ~' ~ C3h m a ~ ~ ~ ~ _ ~ ~ ~ ~ ~ O ~ ~. ~ O ~ ~ ~. 4 c,. N m ~' ~ ~ ~ r t7 ~ ~ ~ ~ ~ o ~_ Q C7 ~~ m ~ Or -~: N ~ (~ ~ Q ~mi~y ~.l Yy ~ Q ~ ~ U' a~ q Q m m h~ ~' ~ ~, Q- ~J ~ ~ ~ ~ ~ ~ ~? Nr ~ ~ ~ ~ ~} ~? ~, .~~ ~ 3 N ~ ~- ~ © ~r J t3 Q O -G _ Q ~ ~ o ~ O ca v ~ ~ a ° ~ n cp ~ ~' ~,, a m ~i. -~, C ..{ r --a q T Q S~ ~ t~ O ~ _ _ ~ ~ rn ~ ~ ~ ~ Q cg Q_ 4 ~ C-~n Q O ~~, Q n N ~ ~ c7 ~ ~ _ t~Q ~ ~ ~- ~ Q Z7 ~ ~ G _,- ~ 7~ _ 6 r'` ~ ~ t~ ~ ~ Q Cp 7 ~ C? Q ~ MITIgATION WALL. DN A PORTION OF RCEL F,YAILVILLAGE 12TH FILING NNED BYTNETOWN DFVAIL AND, IE FULLY gESCRIHED AS FOLLOWS: plea of this ordinance are available for nspectlon in the offlpe of the Town Glerk formal business hours. fRDDUCED, READ AND APPROVED COND READING AND ORDERED PUB- BY TITLE ONLY this 4th day at Septem- 51. TOWN OF VAIL Ludwig Kurz Mayor ATTEST: Lorelol Donaldson Town Clerk Published In The Vail Treff an September 7, 2041 Public Notice STtCE IS HEREDY GIVEN that the f len- d EnvlronmeMal Cammisslon of the Tawn will hold a public hearing in accordance ctlan 12.3.8 of the Municipal Cade of Ehe rf Vall on September 24, 2001, at 2:00 the TaWn of Vall Municipal Building. In .ration of: sppeal of en edministrative determination ig the prgcadural rvqulremants for an ep- 1 for aubdlvlaion of "Ehe Fallrldge Parcel;' 1f Lat 1. Sunburst Flling No. 3I a portion of h scant to the Vail Golf Course Town- In the 1600 block of Golf Terrace. A map deacrlpllon Is atlydched far referarxe. ally, the apppeal Involves a staff determl- hat the aubdivlslon of lend within a racrea- •asemenl requires a Ma]or S eclat Deval- Dls[rlcF Amendment to the Fallrldge Spa- relopmant Dlstrict. patient: Fstlridggo Community Associsiicn anted by Berenbaum, Weinshienk and Ea- timer: Rrem Wilson Oquast Sar a canditlonel tiro permit and a for Planningg and Environmental Commis- vlow of ggrading and landscape modifica• Ilh Ihv 100•yaar Iloodplain, to allow for the atlon of en existing raw wafer intake and ,lailon facility, locatpd ae 5186 Black Gore of S, Heather of Va{E Subdivision. pllcnnt: Eagle River Water and Sanllallon rnnar: t3rant Wilson squeal for a variance Irani Section 12-ri- 'all Tnwn Cada, to allow }or the continu- ~f nonconlorming buIlding materials, and Icrlh details In regard thereto, located al 1o Lane, Unll B/Lot 39, Vail Moadows Fi1~ pllcaul: r;obart Bolas ruprasontad by Rob >Iz Inner; BIII Gibson oquast for a prellmhlary ptan review for a -ubdlvlslan, n request to amend the VBYI feu Plan to ctlenge the designation from Space" to "HIgh Densl~ ResldenliaP, and tat for a rezatling tram Natural Area Pres- 1Dlstrict" la "Reusing Tone Dlstrict" to al- the dovalnpment of employee housing at known as Mountain Bell, located on an ad place of properly at 160 North Frontage A complete metes end bounds legal e- n Is avnllablo a1 iha Dopaament of Com Oovvlopment. nlted d Odell ArchlteatsHousing Authority mnar; Allison Ochs/Brent Wilson e applicallons and Intormetlon about the ale are availably for public Inspection dur- .Ilar ofilce hours In iha protect planner's of- :ated al Eha Town aF Vail Communllyy De- enl Dopparlment, 75 Saulh Frontage Roed. biic is (netted to attend projgM orlsntaticn r site vlshs that precede the public hearing town of Vall Community Deva]npmenl De- nt. Please call 479-2138 for information. influage Interprelafigh evallable upon re- kith 24•hour nollflcaeon. Please calf 479- "elaphone for the Hearing Impaired, for an- on. TOWN OF VAIL DEPARTMENT OF COMMUNETY DEVELOPMENT Published In The Vell Trait On September 7, 2061 ~~s~t us on~ dine at ~ww.ua~~trai~,com ^ 12, CHAPTER 2, SECTION 2, pEFINiTIONS; AMENDING TITLE t2, CHAPTER'13, SECTION S, GENERAL REgUIREMENTS, AND SECT1pN 4, RE4UtREMENTS BY EMPLOYEE HOUSING UNIT TYPE; ANA SETTING FORTH DETAILS IN REGARDTHERETO. Copfas of this ordinance are availablo for pub- 11c inspection in the attics at the Town Clerk dur- ing normal business hours. INTRODUCEb, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISH- ED BY TITLE ONLY [his 4th day of September, 2001. TOWN DF VAIL Ludwig Kurz a or ATTE T: Lorelei Donaldson Town Clerk Published in The Vail Trail on September 7, 200i ~ Public Notice ORDINANCE NO, 20. Sertes 012001 AN ORD1NANCE REPEALING ANp RE-ENACTING ORDINANCE N0.9, SER7E5 OF 1969 AND ORDINANCE N0.17, 5ERIES OF 1996, PROVIDING FORTHE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT ND. 21, PAIL GATEWAY, TO ALLOW FOR THE CHANGE IN THE UNDERLYING ZONING OF COMMERCIAL CORE 1 TO COMMERCIAL SERVICE CENTER; AMENDINGTHEAPPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.21,VAIL GATEWAY; AMENDING TITLE 12, CHAPTER 7, ARTICLE E, SECTION 4, TO ADD "PRIVATE CLUB" AS A CONbITEONAL USE IN THE COMMERCIAi SERVCE CENTER TONE pISTRICT; AMENDINGTITLE 12, CHAPTER 2,' SECTION 2,T0 ADD A DEFENITION OF PRIVATE CLUB; AND SETTING FORTH DETAILS fN REGARD THERETO. WHEREAS, in 1988, the Vail Town Council adopted Ordinance No. 9, Series ei 1988, estab- lishing Special Development Dlstrict No. 21, VaEI Gateway and, In 1996, the Vail Town Council adopted Ordinance No. 17, Series of 1996, amending Special Davelopmont District No. 21, Vail Gateway; and WHEREAS, Section 12-8A-1o of the Zoning Regulaticns perm;ts major amendments to prevl- ously Approved Development Plans for Special Development Districts; and WHEREAS, Mountain Owners, L.P., as own- er of iha property, and represented by Timberline Commercial Real Estate, has submitted an appli- canon for a major amendment to Special Devel- opment DisSrlct No. 21, Vall Gateway, a text amendment to iha Town code, and a zoning map amendment; and WHEREAS, the purpose of this ordinance is provide for a major amendment to Special Devel- opment Dlstrict o. 21, Vail Gateway, to amond the Approved Development Plans, and tD allow for the change In the underlying zoning from Commercial Core I to Commercial Service Can- tor, to adopt amendments to Sections 12-7E-4 and 12-2-2 aF iha Town Code to allow Tor private clubs as a conditional use in the Commercial Service Canter zone district and to provide a defl- nitionthereto; and WHEREAS, Ehe Town Cnuncll finds it is rea- sonable, appropriate, and benaticlal to the Town and ks citizens, Inhabitants, and visitors is repeal and reenact Ordinance No. 9, Series of 1986 and Ordinance No. 17, Series of 1996, to provide for such changes In Special Development Disirict No.21, Vail Getaway; and WHEREAS, the revised major amendment tv the Spocial Development Disirict is in the best in- terest of iha town as ii meets tho Town's devel- opmerit obJecfives as Identified in the Town of Vail Comprehensive Plan; and WHEREAS, the approval, of the major amendment to Special Development District No. 21, Vail Gateway, and iha development stand- ards in regard (hereto shall not establish prece- dent or enfhlements elsewhere within the Tawn of Vail; and WHEREAS, the Town Council finds that the underlying zoning designation of Commercial Service Center Is compatible with and suitable io adJacent uses, Is consistent wiFh the Town's Land Use Plan and Zoning Regulations, and is appro- priate far iha area; and WHEREAS, in accordance with fhe provi- sions outlined In [he Zoning Regu€ations, iha Planning and Environmentak Commission held a public hearing on the major emondment applica- Ilon, zoning map amendment, and text amend- menls to the Tvwn Coda on Juiy 23, 2007; and WHEREAS, all public notices es required by the Town of Vail Code have been published and ~dfit~it A vain ~t~y - f r u,.,r~,~atlaro ~~~ 1J(jfj .~__ ,, -, tAtIATVAL ~k ~ C 13 A~ ~.` ..a~F~JQAY F a ~, , , M `~tt1 Olaf ~ BNVi ,~ VAL Vd1hGE Mrd LbrD 5D 100 ~..~--._-. _~ ., I P TauSAM1V ~~ ~~ aw.sr` Odlr[ama f1a 24, 7;xlead7Q01 and ndopt~fhe revised Approved Developmem Plan For Special Development Dlstrict No. 21, Vail Gateway; to amend to Town of Vail Official Zon- ing Map; and to adopt the proposed text~amend- ments fothe Town Coda. NOW, THEREFORE, .BE IT ORDAINED t3Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No.'9, Series of 1986, and Ordi- nance No. 17, Series of 1996, are hereby re- pealgd and reenacted, as follows: SlwCTION t. Purpose of the Ordinance The purpose of Ordinance No. 24, Series of 2001, is to provide far a major amendment to Special DevelopmenF District No. 21, Vail Gate- way, to allow for a change in the underying zon- ing from Commercial Core I to Commercial Serv- ice Center; and So edgpt~revised Apprgved Devel- oppmant Plans for Special Oavefopment District No. 27, Vail Gateway; and to adopt amendments to Sections 12-7E•4 end 3ectEon 12-2-2 tc allow for private clubs as a cpndltlonal use in the Com- mercial Service Center zone district and tc pro- vide a definition [hereof. SECTION 2. Amendment Proceduros Fulfilled, Planning Commission Repot[ The approval procedures described in Sec- tion 12.9A•10 of the Vaf! Municipal Code have been fulfilled, and the Vail Town Council has re- calved the recommendation of the Planning & Envlronmenlal Commission for a major amend- ment to the Approved Development Plan for Spe- cial Development District No. 21~, Vail Gateway Requests for amentlmaats fo Eha Approved'De- velopment Pian shall follow the procedures out- lined In Section 12-9A-10 of the Vaf1 Municipal Code. SECTION 3. Amending the Underlying Zoning of Special Davelopme.nt Disirict No. 21 From Commercial Core I to Commercial Service Center Tne Official Zoningg Map of the Town of Vail is hereby amended as fellows: The Vail Gatewayy, located ai the Vall Gate- way Building 12 Vail Roadla portion v1 Lot N and a portion of Lot O, Block 5D, Vail Village 1st Fil- ing, es Indicated in Exhibit A steal{ be rezoned Special Development Oistrict.No. 21 with an un- der3ying zoning of Commercial Service Center Disirict. SEE EXHIBIT A BELOW SECTION 4. S eclat Developpment District No. 21 The Special Development District and the major amendment to [he Approved Development Plan are estab}ished to ensure comprehensive development and use of the area in a manner that would be harmonious with the general char- acter of the Town, provide adequate open space and recreation amenities, and promvie the goals, obJectives and policies of the Town of Vail Com- pprehensive Plan, Special Development Dlstrict No. 24 is regarded as being complementary to the Town of Vai! by the Vail Town Council and the Planning and Environmental Commission, and has been establisheq since there are signifi- cant aspects of the Special Development D€stricl that cannot be satisfied through iha imposition of iha standard Commercial Service Center zone district requirements. The Special Development District is hereby amended to assure comprehensive development and use of the area in a mannarthat would be harmonious wittl iha general character of the Town, provide adequate open space and recrea- tion amensbes, and promote iha goals, oblectives and policies of the Town or Vail Comprehensive Plan. -SECTION 5. Development Standards - Specia# Devolgp- ment Disirict No.21, Vail Gateway The Town Council finds that the amended development plan for Special Development Dis• trio No. 21 meets each of the standards set forth in Section 12-9A-10 of the Municipal Code of the Town of Vail. In accordance with Section 12-9A- 10, the amended development plan-for Special Developmerit District No. 21 }s approved .and Special Development District No. 21 is hereby approved. The amended approvatl development plan is comprised with those plans submitted by BuH Arnold, Ned Gwathmey, and Steve Rfdan, and consists of the following documents: 1. Site plan, dated March 28, 1p88 2. Floor plans, dated March 28, 1986 and re- vised {partial} plans dated February 28, 3898, and revised plans dated (June 7, 2001). 3. Elavatlons dated March 28, 1988 and re- vised (partial) plans dated February 28, 1998. 4. Landscape plan dated March 28, 1988 Special Development Disirict application and Environmental impact report as prepared #y Pe- ter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988. Parking Management Plan as prepared by Braun and- Associates, Inc., dated August 13, 200]. SECTION 6. R proved Development Standards The development standards for Special Da- uelapment District No. 21 are approved by the Town Counof€ as part of the approvatl develop- mentplan and as follows: Setbacks -Setbacks shall loo as indicated on the site plan set forth in Seotion 5 at (his Ord-r- nance and es intlicatetl below: West: 16 ft. South: 20 ft. East:1 n. North: l5 ft. Building height -Building Weight shall be as indigated an the elevations and roof plan seC forth in Section 5 of this Ordinance, and not to excoed 54 ft. C. Site Coverage -Site coverage shall be as indicated on the site plan set forth in Sectlon 5 of this Ordinancy, and not to exceed 84% or 15, 459 sq, tt. D. Landscaping -The area of the site to be landscaped shall be as generally indicated on file preliminary landscape plan set forth in Sec9on 5 of this Ordinance, and not less than 5.4% or. 1,309 sq. g. E. Parkingg -Parking domands of this devel- opment shall. be in accordance with iha develop- er's proposal to provide 83 parking spaces and as set forth in Section 5 of this Ordinance. F Density - Tha density allowed fn Special Development District No. 21 shall be 9 dwelling units consisting of no[ more than a total of 77,160 sq. h. of GRFA. SECTION 7. ape i ue~a,[rtrn fen! u U~ sliQ~~ tltl [I[tl same as 4hp acvessory uses listed In Sectlon 12- 7F-5 at the Commercial Service zone district. SECTION 8. Apppproval Agroemenls for Special Develop- ment plstrlct No. 21, Vail Gateway 1. Thal the applicant oomplates each of the items listed below regarding basic maintenance and improvements prior to the Issuance of a T.C.O. for any of the units (resldentlal or office) within the Gatewa~r: a.J111 of the signs for the businesses that are na longer located within the building shall be re- mavetl. b. The sidewalk on the north side of the building shell be repaired The floodligghts on the northwest corner of the building shall be removed. The stairwell an the east side of the buIlding shall be cleaned end repaired. The falEEce on Ehe east side of the building shall be repaired. That the Developer coordinate eHor(s with the owners of Vail Plaza Hotel to create a bpivw ground access for (ceding and delivery to the Gateway From the Vail Plaza Hotel to resolve po- tential loading and delivery concerns at the Gate- way. q acoordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Commuhity Development pepartment for review and approval, prier to the issuance of a building permit. SECTION 8. Amendment to the Commercial Service Cen- ter Tone pistrict Title t2, Chapter 7, Article E, Section 4, is hereby amended as follows: (text that is tq ba added has boon slnsferlined 1 12-7E-4: CONDITIONAL USES: The following conditional uses shall be per- mitted in the CSC Disirict, subiect to issuance aS a condlticnal use permit in accordance with the provisions of Chapter 18 of this Title: Pnvrarn rrnhc SECTION 10. Amendment to the Definitions Chapter of tho Zoning Regulations Title 12, Chapter 2, Section 2, is hereby amended as follows: {Text that is to be added has been under_ IIn d12-2-2: DEFINITIONS PRIVATE CLLI(}~ an ascnsjrttion of harcnnn ~ jts oremises whn are honaf[dg members vav- iprl rives, i1, f+ ni-cilru nrap+'~sec being restricted to members and their ouasts SECTION 11. If any part, secticn, subsection, sentence, clause or phrase of this ordinance is for any rea- son held to be invalid, such decision shall not af- fect the validity of the remaining portions of this ordinance; and the Town Council hereby de- clares it would have passed this ordinance, and each pars, section, subsection, sentence, clause or phrase thereof, regardless of the tact that any one or mom parts, sections, subsections, senten- ces, clauses ar phrases be declared invalid. SECTION 12. . The repeal or the repeal acid re-enactment of any provisions of the-Vail Municipal Cade as pro- vided in this ordinance shall not affect any rigght which has accrued, any duty imposed, any vlola- tion Ehat occurred prior to the effective date here- of, any prosecution commenced, nor any othor action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provlslon hereby shall not revive any provlslon ar any ortl'snance ' previously repealed or superseded unless ex- pressly stated herein. SECTION 13. All bylaws, orders, resolu{ions and ordinan- ces, or parts thereof, inconsistent herewith are hereby repealed ro the extent only of such incon, sislency. The repealer shall not ba construed to revise any bylaw, order, resolullon or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READ- ING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READENG'thls 4th day of September, 2001, and a public hearing for second reading of this Ordinance sot for iha 18th day of September, 2041, In iha Council Cham- bers of the Vail.Municipal Huifding, Vall, Colora- do. ' TOWN OF VAIL Ludwig Kurz a or ATTE T: Lorelei gonaldson Town Clerk Published in The Vail Trail an September 7, 2003 ~~~ ;~ } i~af i ~\ ~, ~~.~ ~ T ~ ,. ~,.~,. t :. .~' x r +~ N ~+ .-ra0 .. Want 1 a mop out or 1'OWn., a dint one o valley resta~ Check it out in our SCENE MAGI i_ocated every week inside The V PICK UP YOUR FREE COPY TOD