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HomeMy WebLinkAbout2002- 8 Repealing and Reenacting Ordinance No. 8, Series 1992, Providing for the Reestablishment of Special Development District No. 28, Christiana at Vail, Adopting a Development Plan for SDD No. 28, and Proving for Amendments to SDD No. 28~ . • ORDINANCE NO. 8 Series of 2002 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 8, SERIES OF 1992, PROVIDING FOR THE REESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 28, AND PROVIDING FOR AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 2$, CHRISTIANIA AT VAIL, IN REGARD TO CHANGES IN THE NUMBER OF DWELLING UNITS, MODIFICATIONS IN COMMON AREA AND GROSS RESIDENTIAL FLOOR AREA SQUARE FOOTAGES, AND AMENDMENTS TO THE DEVELOPMENT PLAN IN ACCORDANCE WITH TITLE 12, CHAPTER 9, OF THE VAIL TOWN CODE AND SETTING FORTH DETAILS iN REGARD THERETO. WHEREAS, Title 12, Chapter 9 of the Vail Town 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; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Pfan. WHEREAS, in 1992, the Town Council adopted Ordinance No. 8, Series of 1992, establishing Special Development District No. 28, Christiania at Vail (SDD 28}; and WHEREAS, Section 12-9A-10 of the Vai! Town Code permits major amendments to previously approved Special Development Districts; and WHEREAS, the applicant, Gail and Richard Siegal represented by Morter Architecture, has submitted an application for a major amendment to the existing Special Development District No. 28, Christiania at Vail; and WHEREAS, the applicant has complied with the requirements outlined in Section 12-9A- 14 of the Vail Town Code; and WHEREAS, the purpose of this ord'mance is to provide for the repeal, re-establishment, and amendment of Special Development District No. 28, Christiania at Vail, in regard to changes in the number of dwelling units, modifications in common area and gross residential floor area square footages, and amendments to the development plan in accordance with Title 12, Chapter 9, of the Vail Town Code and setting forth details in regard thereto; and oc~d18, ~«,L ~ . • WHEREAS, the approval of the major amendment to Special Development District No. 28, Christiania at Vail, and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail; and WHEREAS, in accordance with the provisions outlined in Title 12 of the Vail Town Code, the Punning & Environmental Commission held a public hearing on the major amendment application on March 25, 2002; and WHEREAS, all public notices as required by the Vail Town 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. 28, Christiania at Vai[ and has submitted its recommendations to the Town Council; and WHEREAS, the 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 far Special Development District No. 28, Christiania at Vail; and WHEREAS, the Vail Town Council finds that the major amendement far Special Development District No. 28, Christiania at Vail, will ensure unified and coordinated developmen# within the Town of Vail in a manner suitable for the area in which it is situated; and, WHEREAS, the Town Council finds tha# the underlying zoning designation of Public Accommodation District is compatible with and suitable to adjacent uses, and is consistent with the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; 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. 8, Series of 1992, to provide for such changes in Special Development District No. 28, Christiania at Vail; and 2 ord $. ~oz ~ . • WHEREAS, the Town Council finds that the major amendment to Special Development District No. 28, Christiania at Vail, 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 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1992 is hereby repealed and re-enacted to read as follows: Section 1: Purpose of the Ordinance The purpose of this ordinance is to provide far the repeal, re-establishment, and amendment of Special Development District No. 28, Christiania at Vail, in regard to changes in the number of dwelling units, modifications in common area and gross residential floor area square footages, and amendments to the development plan in accordance with Title 12, Chapter 9, of the Vail Town Code and setting forth details in regard thereto. Section 2: Amendment Procedures 1=ulfilled, Planning Commission Report The review procedures prescribed in Section 12-9-14 of the Vail Town Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed major amendment Special Development District No. 28, Christiania at Vail. Section 3: Special Development District No. 28, Christiania at Vail The Special Development District and the major amendment to the approved development plan 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. 28 is regarded as being complementary to the Town of Vaii by the Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of fhe Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation District requirements. 3 ~ +,~ 8, 2.0o Z ~ . • Section 4: Approved Development Plans The Town Council finds #hat the amended approved development plan for Specia! Development District No. 28 meets each of the standards set forth in Section 12-9A-10 of the Vail Town Code. In accordance with Section 12-9A-14 of the Vail Town Cade, the amended development plan for Special Development District No. 28, legally described as Lot D, Block 2, Vail Village 1ST Filing, is approved and Special Development District No. 2$ is hereby approved. The amended approved development plan is comprised of those plans submitted by the developerlapplicant and consists of the following documents: 1. Sheet No. AI, dated January 27, 1992 and revised March 16, 1992 (site plan), prepared by Pierce, Segerberg &Spaeh Architects. 2. Sheet Nos. A2-A5, dated January 27, 1992 and revised March 16, 1992 (first, second, third and fourth floor plans}, prepared by Pierce, Segerberg &Spaeh Architects. 3. Sheet No. A6, dated January 27, 1992 (roof plan), prepared by Pierce, Segerberg &Spaeh Architects. 4. Sheet No. A7-A9, dated January 27, 1992 and revised March 16, 1992 (North, South, East and West elevations), prepared by Pierce, Segerberg &Spaeh Architects. 5. Sheet No. L1, dated January 27, 1992 and revised March 6 and March 16, 1992 {landscape plan), prepared by Pierce, Segerberg &Spaeh Architects. 6. Parking Plan for Lot P-3, dated February 8, 1992 and revised February 18, 1992 and March 16, 1992, prepared by Pierce, Segerberg &Spaeh Architects. 7. North elevation of lobby, dated April 22, 1991, prepared by Pierce, Segerberg & Spaeh Architects. 8. Proposed Dumpster Relocation, dated April 21, 1992, prepared by Pierce, Segerberg &Spaeh Architects. 9. Siegal Residence, 4th Floor Plan, dated April 19, 2002, prepared by Morter Architects. 14. Siegel Residence, Loft Plan, dated April 19, 2002, prepared by Morter Architects. 11. Chateau Christian, East Elevation, dated April 19, 2002, prepared by Morter Architects. 12. Chateau Christian, West Elevation, dated April 19, 2002, prepared by Morter Architects. 4 CND. ~ 1 o1v.0[~ 2., ~ . • 13. Chateau Christian, North Elevation, dated April 19, 2DD2, prepared by Morter Architects. 14. Chateau Christian, South Elevation, dated April 19, 2002, prepared by Morter Architects. 15. First Amendment to the Condominium Map for Chateau Christian Townhouses, prepared by Eagle Valley Surveying, Inc. Section 5: Approved Development Standards The Town Council finds that any deviation of the development standards from the underlying zone district provides benefits to the Town that outweigh the adverse effects of such deviation. The development standards for Special Development District No. 28 are approved by the Town Council as a part of the approved development plan as follows: A. SETBACKS: Setbacks shah be as designated on the development plans set forth in Section 4 of this Ordinance. B. HE=1GHT Building height for the Christiania at Vail building, far a sloping roof, shall not exceed 48 feet from existing or finished grade, whichever is mare restrictive; or for a fiat or mansard roof, shah not exceed 45 feet from existing or finished grade, whichever is more restrictive. The buiiding height for the Chateau Christian Townhouses buiiding shall be as designated on the development plans set forth in Section 4 of this Ordinance. C. DENSITY: Development in Special Development District No. 28 shall be limited to a maximum of 3 dwelling units and 21 accommodation units at the Christiania at Vail building, as designated on the floor plans set forth in Section 4 of this Ordinance, and as follows: 1. The Gross Residential Floor Area {GRFA} shall be limited to a maximum of 14,117 sq. ft., of which 7,335 sq. ft shall be dedicated to accommodation units, 5,041 sq. fit. shalt be dedicated to dwelling units and 1,741 sq. ft. shall be dedicated to excess common area. It should also be noted that the provision for an additional 425 sq. ft. of GRFA, which is applicable to 5 0~ ~~ ~D x. • • • certain zone districts, does no# apply to this Special Development District. a. The applicant ar his successors in interest agree to permanently restrict one off-site dwelling unit, (the secondary unit in a primary/secondary residence located at 1184 Cabin CirclelLot 2, Block 2, Vail Valley First Filing, far use by employees in accordance with Title 12, Chapter 13, Vail Town Code. 2. The applicant or his successors in interest agree to permanently restrict one on-site dwelling uni#, {the third floor dwelling unit in the Christiania Lodge} located at 356 Hanson Ranch RoadlLot D, Block 2, Vail Village First Filing, according to Title 13, Chapter 7 (Condominiums and Condominium Conversion), of the Vail Town Code. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for the redevelopment of this Special Development District No. 28 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. Development in Special Development District No. 28 shat! be limited to a maximum of 7 dwelling units in the Chateau Christian Townhouses building and shall be as designated on the development plans set forth in Section 4 of this Ordinance. D. SITE COVERAGE: The maximum allowable site coverage for Lot D shalt not exceed 39% of the buildable lot size and shall be as designated on the development plans set forth in Section 4 of this Ordinance. 6 o~ 8, aooZ ~ . • E. LANDSCAPING: At least thirty-two percent (32%) of Lot D shall be landscaped and shall be as designated on the development plans set forth in Section 4 of this Ordinance. F. PARKING: Parking for Special Development District No. 2$ shall be met as designated on the development plans set fiorth in Section 4 of this Ordinance. Section 6. The applicant or his successors in interest agrees to perform the following: 1. The applicant or his successors in interest shall obtain a revocable right-of-way permit from the Town in order to add the proposed landscaping at the entrance #o the Lot P-3 parking area, as designated on the development plans set forth in Section 4 of this Ordinance. 2. The applicant or his successors in interest has agreed to financially participate in the construction of a sidewalk along the west side of the Mill Creek Court Chute, from Hanson Ranch Road to West Gore Creek Drive, as designated in the Town's adopted Streetscape Master Plan. Such financial contribution shall not exceed one third of the total cost of the sidewalk. 3. If and when the Town of Vail or other party develops a parkinglloading delivery facility on Parcels P-3 and Lot J, Block 5-A, Vail Village 5th Filing, the applicant or his successors in interest shall not remonstrate against the development of a parkinglloading facility as long as the amount of parking that the applicant currently has on parcel P-3, Block 5-A, Vail Village 5th 1=fling, including either the right-of-way to the east or west, is incorporated into the parkinglloading facility. The number of spaces shall not include valet parking. 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 12-3-6 and 12-9A-10 of the Vail Town Code. Amendments which do change the substance of the development plan shall be required to be approved by the 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. ~ . • Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9. The repeal or the repeal and reenactment of any provision of the Vail Town Cade 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21$t day of May, 2002, and a public hearing for second reading of this Ordinance set for the 4th day of June, 2002, in the Council Chambers of the Vail Town Building, Vail, Colorado. ATTEST: Lorelei~Donaldson, ,~>~ Town Clerk ~~~~ ~ SEAI- ~~1oR% Ludwig Kurz, Nlayor ~rol ~, boa.. • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4t~' day of June, 2002. Ludwig Kurz, Mayor ATTEST: Loreiei Donaldson, Town Clerl< prd S, aarz •N~ STATE OF COLORADO COUNTY OF EAGLE _3as PROOF OF PUBLICATION SS. -- - -- - - PUBLIC NQT~CE :: ORDINANCE ~i Series of ii~Z AN ORDINANCE REPEALING ANQ REENACT- fNO URRlNANCE NO: f3, S$RiES.OF 1.992, PROVIDfNG FOR THE RE-pS- I, Steve Pope, do solemnly swear that i am the Publisher of The Vail Daily, that the same daisy newspa- per printed, in whole or in part and published in the Coun#y of Eagle, Stato of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle far a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for putt"IShing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice ar advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ........~..... consocutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ........r.~,.~ .............. A.D..,fi.~....... and Ehat the last publication of said notice was in the issue of said newspapor dated, ..~ ~....... A. D.........s~~.d~........ In witness whereof I have hereunto set my hand this ..~~. day of ....~. .,..~kr~%~..~.. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ......{~,.~'~....... day of ..C~:C~...c~~r!1.c~- My Commission expires .........,~„~~~ Notary Pubic TING FDRTH DETAILS IN REGARp THERETO. WHEREAS, Title'.12, Chapter'9 of the Vail Town-- Code authorizes ~ Speclaf Development Districts within the town in order to encourage flexibility and creativity in the development of-land in order Fo promote Its most appropriate uso; to improve the design character and quality of the new davalotr meat wtth the Town; to'tacilitate the adequate and economical provision'of atrai3ts and utilities; to pre• serve the- natural and` scenic .features of open space.alesas; and to-furtherahe overall goals of the communr;y.. As- stated Iii fhe Vail Comprehensive Plan. WHEREAS, in 1952, the TgWn. Council adopted Ordiriance Nc.B,-Series of1992, establishing Spe• cial Development District No. 28, .Christiania at Veit (SDD 28); and.. ' wHERirgS, Section i2.9A-10'.of the Vail Town Code permits major amendments to previously ap- proved Special Development Districts; and WHEREAS, the applicant, Gail and.Richaid Siegal represented by Mortar Architecture, has submitted air appllcaTion for a-major amendment to the &xist• trig SSpecial Dgv8lopment'Distridt No. 28,'Christian is at Valli and. WHEREAS, the:'applicant has complied with the requirements outlined in Section 12=9A-il) of the Vail Town Code; and . WHEREAS, the purpose of this. ardiriance i§~ to provide for the repeal, re=estadlishment, and amendment of Special: Development District No. 28, C17rlstianra at Vall, in regatd So changes In [ha:. number of dwelling. units, modifloatlons in common urea and gross residential floor area square foot- ages, and amendments to the developmenPplan in: ' accarclance with Title' 12, Chapter 9, of the Vail:' Town. Code and' setting .forth :details in regard thereto; and - ~ - WHEREA$, the approval of~tfie major amendment to Speclai Devolopment bistrld 1+30. 28, Christiania' of-Vail, and the development-§tandards in regard thereto shall. sot establish precedent or entitle=' ~~~tt[~slaewltere withi~ttie"Tpwr`f-of'Vail; a fcn. '~" -- WHEREAS m accordance with the provisions out- linad in Ttle 12 of the Vaif'Town Cade, the Plan- ping & Environmental Commisalon held'a.public ', hearing on the motor amendment appiicatlon or1, March 25, 2002; and ~ ~ ~- ~- ' -' WHEREAS, all public notices as requRed~bytha Vail Town Code have been.ptrblished and sent to ilia appropriate parties; and -- - WHE:BEAS,. the Planning & EnyironmeMal Come mission has recoriimended approval of the major amendment- to Special, ~Deve opment District No. 28, Christiania at Vail and has submjtted its recom- inendatipns tothe Town Council; and . ,. wHEREAS, ilia Tawn Council considers it In ilia best interest of-the public health,-safety, and wel- fare to approve the major amendment and adopt the revised Approved Development Plan fqr Spe-, ciaf Devolbpment f]istrict No. 28, Chrlsflania at Vail; and ~t . ~•fEREA:3, the Vail Town Cauncll flhde.thattha~ 4. Sheet Na,A7,-AB,~daied.Jan aJpr amsndement for 8 octal Development. Dls• revised March 18, 1992 fNnrlt ~t No. 2B,.ChrlBilania at .Veil; wiltenaure unNled West alevatlana}, propared 6y (f Id aoardinateq development within the Town of Spa@h Architec[s, ill In a manner suI ribs area in which tt Is . 5. Sliest Nv. Li; dated Januart foaled, and; vised ,March. B and Maroh `t8 plan), prepared by Pierce Sege ~HERF.AS-'the Tqwn ncll ilride khat ilia under ctritacts. - ng zoning dasiggnafian of Public AcC..,,:,::....a41an e. Parking Plan' for Lot P-3, .. islrtct Is oampalible wHli and suitable tq adjacent ' 1992 and revised Februarryy 1 es, and is cansiatent with ilia Town's Land Use 18, 1992 prepared.by Piaraa ~an and Zonlhg Regulations, and.is appropriate ArphfteCta; -, :.~ r r Ir Ifie'area; and 7, North. elevation of t>h~-{! ~fIiEREAS,ihe Town Couricfl finds it €s ressgria• I Prepared by Plera4, ~tt~r ~„ a, a ro riots,. end benalicfel tc the Town antl Ica -teals. PP P 18. Proposed pumpBlsr ~B(dc91f~ plzena, Inhabltanle, and visllgre to reppeat and re- 1992, prepared by'Pleres $a~s rtrlct Ordinance No. B, Series pf t992, to provide chltectar hr such changes Ili Speclai Development Diairict g, sfa al Regldange ~Hr Ffeefi ~, 28, Chr'tstlanla at Vail; and 18, 202, prepared by Mortar ~€ '(HEREAS, the Town Caurtcil finds that the ma~ar t0. Stsgel Raaldenca, Loft Pla mInendment to 5pecial Davelo ment District o. 2002, prepared by Mortar Arch 6, Chrietienfe at Vall, Is.in the ~et €ntersst of the 11. Chateau. Christian, _ Eger n as I[ meets the Town's dsvolopmant. 06 ec• ' Apprk! yy lea as ident;tied In. the Town of Vall Camprefien* 12,' 2~mj~y~bhjatfenM,oWeat ~ve Plan, and Appril fQW, TMEREFCpE. BE IT ORDAINED BY THE ~ t9, 2002, preparod by Mortar p FWJN COUNCIL OF 7HE TOWN OF VAIt., COL- 13. Chateau C riot an, North ~RADU THAT. -. Ap 2002; prepared by Mortar p t94.~ Cheteao Christian; South ~[dlnenee Nor_t3, &erlas;pt 19grif,tigCetiy ra-. A rli. led-antl re-sr-aotad ty read ea tallowa• ~ _1~ 24og, pmpanrd by Ntorter p en 1 ..-prlepoaq of ilia Ordinance ,15. Firer msndmsnt.to.ths C p }or e. purpos$.-0f title ordlpttnce le-to prdvlda for ilia . Chateau Chrlatlan:Townhoul peal, re•rtataWlahrrient, and amendment of 6pe- Ee-. '- al Development [Netrlct No. 28, Chrisllenla .aC gle Valley Surveying, lrto. ' II, in regard to changes to the number of dwell- - Ig unite, m6dHicallona In common area grid gross 'Section 5; AppravaiE Davelo ~sidePtial ilodr.area square lgotages: and amend= :The Town, CCUncll flnda lhaf p bents td the. development plan iri accordance with dsveloprhenl standards from tt i~1lila 121 Chapter 9, of the Vail Town Code end ass- '; dlatrlct provider; benefits io tho' !'1i tprlh details In regard theretp. ' ~ ;the advaree:efieota of such de~1i ieetion 2: ` Amendment Procedures Futtlllad mem standards' iqr Special D~ ~lennlh Commlaolon Re ort ~ '~ ~ No. 25 are approved by the Taw g P of the approved development ph 'he. review rocedures prescribed in Section 12-9• A. SETBACKS: ' 0 of ilia Vaft Town Coda have baen_fulflllad, antl. setbacks shelf be as desi~nad he Town Countll has received the re art ai the mane pplane set forth in Sect an 4 pp 8. HEiQHT Manning and Envlranmenial Commission reaom• I tau#Idirig height~far.the Chrlstlai ending approval of the propd~ad major amend- {gr a sicping roof, shall nabexrr ~ent Stiacta( Development Dlalrict No. 28, Chtlati• Isiing or flntahsd grade,. wttlcha n1a at all. tire; or for a flat ar maneard'rp~ 145 fast from e><lating or flntshe ~satlon Sp 8paclal Development .ptatrlct Na: 2B, is more reatrlat3ve. Thrr bulldlrlg htletlenla et. all - teau ChriatlanTownhauaea`I>i 27, 1882 and ~~ tor'1he redeveTppmentroT thier 5peataFDevelopment uil1; East and - platriCt No. 28,unt{I-said deClarattan of covenettta Segerherg & and.Cestr~otivna are executed and filed with-the Ea• ' 1 e gle County Clerk and ReCprder: eclal Otwal4 ment 17isttlct ment In 8 Detrelo - r - )2~e- ~ p p p Na. 28 ob li hs li ited to a In xl rj at 7 dwellin - or solutloris and' ordinances ~ - era l r•. g. e m r um e units In' the. Chateau Christian Townhouses , ,, re _ lnconaistsni herewith are rap~al~d tq 1 area t= f`ry B,r . build= ll ba d t d h d " r , , 'extant only of ouch ficonalaten~. Thee rep~al- or- n b law d to ls o h r i@-~1d MaroFTF ~erg~-8pa . as sha esigna e _ on t 9 #n e :. davslnpment ,_ y y , a const ue .rov e t dr obeli n der, reaolutlon or.ordinahga: or part therept,.t_here- p~pt r~ r f l plane set torch la Seotion,4 of title Ordinenos. s SIT C F ' totore repealed.., ' AP- RST AEADINQ F D O $psp r i:D. gVE E tAQE:-- ' , , READ ON I UCE INTRC _ aced Aprlf~h -The maslmum aflarvabie she coverage for Lat D . ~ ahall_nbt ekdeed 36% of ihs buildable lot size and', pROVHD A1VD CF1DEfiED PUf3LISIiEp ONCE IN FULL OIL FIRST REAGINQ this :21st day pt May, L+t~.BPaJt Ar• lahall pr3 ea deelgnetetl on the development plans j 2802 .and a pubec hearing-for second rsadtn®:of ' I set forth In Section 4 af this Ordihance: ' In 8Bt for the 4th day of June, 2042; this ~rdinanCa r dated April . I G V . the Cauhcif Chambers of ihs_ Vail Town Bultding. ' seta. E: -- LAI DSCARINQ> Vall, Colorado: rted April 18, , Al least ihlrly~iwo perceitf (329e) of Lot D shell lee Ludwig Kurz; Mayor s, ration, dated randacaped and shall be as de~fg~at~d on the tle- , Yelopment plena sat forth In Section 4 of this Ordl• ; ATTEST: Lorelei Donaldson, Town Clerk. - .. ;Data. ''~. F,19RCa. ~ ~~ READ'AND APPRCVED.CN=SECOND READINQ ration, dated F. PARKINQ;- PUBLISHED this 4th day of Jurse, AND ORDERED ~, Parking for Special Development Dlatrlot, No 2B'' . 2002, acts. shall bs met ae desigheted an the_developmam'; ' LudwlgKurz, Mayor - - vatlon, dated plena set forth In-Section 4 of thla Ordinance. ATTEST: ' Lorelat0onaldsan,TawhClark - latts, j Sevtlon B. _ j Publlahed In The Ea®te Valley Enterprise May 24, vetlon .dated ;The applicant or hla successors In Interest agrees ' to e rm the foll in 2002: -- _ sects, - - p pw g 1. - The applicant pr hla.succeascrs in In• '~ ~mirrlum Map I latest shall obtain a revocehla,rlght•pf•way permit o t e T f ri i d add h l , d i aw n .gr r m er to e pr Deed , end- t sca ance ln~ at th ent to the L rk# t P•8 1y propera p . s e r pa ng I area, ae dealgnated on the development plane set ' forth In Section 4 of thla Ordinance:. i - 2. Tho applloant or his successors In In- i ntg~3ahderds serest has agreed to tinanolally parllclpate-in the i tvlall6n of aha conafrtictlon.of.a sidewalk along the wrfat side of i tdsilying -zone thafcutwalph the MITI Creak Gaurt Crhuta irgm~Haplgn Planolt ~: Road to V#(aat C#drB>~~+IS-D@8:dasltfrsated.m i nau ae a part ' ' a allows 3 the develop ~~ ordinance Vail building, fast from ox. ' more reatrlc~ ' ' Il not exceed far the Cha- The .Special Davelo meet District abaci ba as P dastgaated .on the davelapmen Plans set forth nd ilia-mES;cr emertdment to the approved_detral• In I meht pion ar@ eatabllahsd to ensure ogmprehen- Section 4 of thid:Ordinanw.' vs: davalopprtertt and use of th® area In a manlier I C. DENSITY. - - atwould ba..harmonlous with iha.genaral chlarac- : 'Development In Special DaVal.op ant rof the Town, pprovlde.edequete operi space end 28 shelf be limited tc a r[taxlrl'# >at greadorr amenttlas, and promote the' goals, °ob- -units and 2t accommoQailatf_gqnit alai lose and.pollclea at ilia 7oyfn of Vail Compre+ ~ Is at Vail buildin®, as deal Hated -'thl enalyaPlan. 6peclefQeveloprrienl Dlatrict.No. 28: set forth in 8edtdn A dith~s Ordi ante regarded as !s'eing Coraplememary to the Town Iowa -. ;• 1 Vail >aY ilia Town Council. and ilia Planning end { The`Groa;3 Realdentlal Floor a j~ :nvironmentat Commission, antl lies been eatab~ be Ilrnlted to a maximum `sf •t~i sti: pllklkl 911,k~' n~e,Q q1R e, ,,,n~ni lk. aerro~so ~, u,v, peplel Development piatrot that cannot be satle• - ed dtrqugh the Imposition af. the standard Puhllc , ccommodatlgn District requirements. - pedtion 4: Appravrrd Ditrefopment Flsi4s The. Town Council finds~.that the Amended approved_devsla~rclstlt plan. Jan Special Hal Davetapmen[ ulamct No,'Ltf,.l ate: Coda. a9:L4CD, Bloclt~2, Vall VIIIStJe tat II• ~ 2; The vad anst special'-pevelopmenl.Dlatrlct . to per Hanle: ' t3; Gheppter T i 27, .1982 and re- ~` Converelora); a ry prhle audrsess' plpn), .prepared `by of covenahta I rc ltscts, : Retarder of E iantiary .22, 1992 and the Town Attpn l~ aeoond,, third and 'sure the rashh by f?lerce, .8egerberg. the land.-bald. fuary 27, 1®9:?' (rsoi :terminated-wh ry Towri of Vaii. : igarberg & Spaeh Ar- ' -this. ordinance, oxcasa •i $eotl the ro- N ani ,, which or pfi not ap: to be idsty tt agree end ng gnit, have ry real- lion,; Block 2, of, ry ~s IT ac,• part9 ~a`tatat- tFgpd:w ~'.ttwlreftlsliorathar -" Ivela~r ~ ' 'k]n aedi -. delivs -taGlllty o -olio: ggpp~~t~~•~ 4~ n i. ~ €~r:;o~arrere eae[rdat.ttia eveloomert of e ' d1nYa`th~ `rfiing4aadlhgfacillty.Thgnitm- apacea shall Hal lnclud~ valet perking. m 7.. dmehte tg the .approved development plan do not change lta aubetanca may be ap- d by the Planning and-Envlronmenlai Com- sn at a regularly scheduled poplin hearing In dance wJth: the provlslona of Section 12=3-ff E2-9A-10 of ilia Valt 1'dwm Code. Aniend- I which do ahan'g~e the-subatancrr of the da- rant plan shall pe required tp tie approved ' e Town Council alter the-spays. procedure aen fd(lowed: Tha Communlry_Develppment rlment shall determine what danetltutea .a {e In the substance of the development plan. or±:e: E part, section, aubsactian, sentence, Clause , nvedf. shuck d lcls o~n aha/ not effect tlTa vald- or his aucceasdr to Interest agree Section Q. =- restrlcE one-err its dwelling unit, ' The repeal or ilia reppeal dw8111ngg• unit i the Chdatlania provision of the Vail Tow ~ , It 35$ •lianaon nch.RaadlLat D, ordinance shelf not ails ` . . . age Flret Filing, Candaminluma- `ccordiri fo.Title grued any duly Impose d Con~minlum rod prlcr to the agaathre the 11ttII. Touyn ~ . a. Tha applicant lion commenced, nor ar a Im[nterast aha 'ilia a`detleretlan IAO as commenced undi tE-any ope oi'mare eht;.:.~ Lt,clausps_ar, ~~faenaCtment of any Ile as provided In this r--tight:wh[ch.has ac• # viofatlan that oxur- lactea. I ne re- not revive any sly reoealatl or no ~_ 324 STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. ORDIiVAPICI N0.13 Series of~2U02 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of mare than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was publi/shed in the regular and entire issue of every number of said daily newspaper for the period of .........1...... consecu ' e I ertions; and that the first publication of said notice was in the issue of said newspaper dated .......... ......... :..~.................... AA..:~~~.P...~.. and that the last publication of said notice was in the issue of said newspaper ~-- ~ ?G~.~ .......,. dated ................ ~,,...,..... A.D..........., .... In witness whereof i have hereunto set my hand this ........ ~... day of ............. :......CrCrE...~ Publisher Subscribed and~yuorn to be e, a notary public in and for the County of Eagle, State of Colorado, this ..................../......-day of ...... ................/....~ ~L~t__ ~~~ ...~ ............................. .................G:C..~ ~ '! c- Notary PubtiC~ My Commission expires ................~`:Ll. /:.~.~~~ AN ORDINANCE REPEA4ING AND ' 1NG ORDINANCE NO. B, SERIES OF Y14SNG FORTWE REESTABLISWMEI NO.' 2Si, AND PROVIDING FOF TO SPECIAL DEVELOPMENT [ CWRISTIANIA. AT VAiL. IN Copies of this ordinitnce are available Sor public in- Spectian in tha ottiae of the Town Clerk'during nor• mat tiuslness hours. READ ANO APPROVED ON SECOND READING AND ORDERED PU6E:ISHED BY TITLE ONLY THIS7THdayofJune,'2p02. TOWN OF VAIL Ludwig Kurz Mayor ATTEST: , Lorelei Donaldson ' Town Clerk Publishatl iri the Vaif Daily June 7, 2002. .