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Home My WebLink About2008-22 an Ordinance Repealing and Re-Enacting Ordinance No. 6, Series of 2005 ORDINANCE N0.22 Series of 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD N0.6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public ~ benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and r WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public- health, i i ~ safety, and welfare to adopt the proposed amendments to Special Development District No. 6 i Ordinance No. 22, Series 2008 ~ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF i VAIL, COLORADO, THAT: '`All additions are illustrated with bold italics and deletions are illustrated with ~+riL~+"~„rppg~ Section 1. Purpose of the Ordinance The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase ~ 111 of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial space to f residential for an addition to an existing dwelling unit. ~ Section 2. Establishment Procedures Fulfilled, Plannina Commission Report C The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & i Environmental Commission for the major amendment to Special Development District No. 6, Vail i Village Inn. Requests for the amendment of a special development district follow the procedures i outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 Special Development District No. 6, Vail Village Inn, 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 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. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. i Ordinance No. 22, Series 2008 2 I s Section 4. Development Standards. Special Development No. 6. Vail Village Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase lll, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: t ~ a. A 1.3. Parking Map i 3 f ''t b. A2.1. Level 95.0 Existing s j c. A2.2. Level 95.0 Proposed i d. A2.3. Level 105.0 Existing i i e. A2.4. Level 105.0 Proposed f. A2.5. Level 114.4 Existing i g. A3.1 Exterior elevations i i ! h. A3.2 Exterior elevations i. A5.1. Vicinity Map i The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005: a. A200. Level One Floor Plan b. A201. Level Two Floor Plan c. A202. Level Three Floor Plan d. A301. North & South Elevations e. A302. East & West Elevations `s i Ordinance No. 22, Series 2008 3 I E Density-Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre -13.25 Density -Gross Residential Floor Area - The gross residential floor area (GRFA) in Special Development District No. 6, Vail Village Inn, Phase III, which accounts for residential square footage only, shall not exceed the following: GRFA - 187, 798 Square Feet i Other Development Standards No other development standards are amended by this ordinance. i i Section 5. Conditions of Annroval r The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1. The applicant shall provide a recorded deed restriction, acceptable fo the Town Attorney, for a minimum of 375 square feet, acceptable to the Zoning Administrator, prior to the issuance of a building permit. j 2. The applicant shall install an accessibility and delivery lift located near Osaki's, prior to the issuance of a temporary certificate of occupancy or certificate of occupancy. The applicant shall submit a development plan that reflects the location, installation specifications and documentation for the maintenance and repair of said accessibility and delivery lift, for review and approval by the To wn Attorney and Zoning Administrator, prior to the issuance of a building permit. i Ordinance No. 22, Series 2008 4 I Section 6. 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 more parts, sections, subsections, sentences, clauses or phrases be declared invalid. I Section 7. The amendment of any provision of the Town 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 r j commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. I Section 8. 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. i i i I Ordinance No. 22, Series 2008 5 I INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of October, 2008 and a public hearing for second reading of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Clevel o T O'rL ti' Attest: ; • • ~ / /1 ~ • r, ` l ~ ~ b = Jv ~ Lorelei .~onaldson, Town Clerk ~'9Q0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2008. r o,~ Richard D. C e ela d, Mayor Attest: ~ 1~~• ti (L,drele~ Donaldson, Town Clerk ,.•QO • Q, Q~p~ Ordinance No. 22, Series 2008 6