HomeMy WebLinkAbout2009-10 Special Development District No. 2, Northwoods, Pinos Del Norte
ORDINANCE NO. 10
SERIES OF 2009
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991,
NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN
ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO
ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION
AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE,
BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Special Development District No. 2 was established June 4, 1974; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,
Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,
specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the
proposed lobby addition, locker reconfiguration and site improvements; and
WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting
recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the
proposed amendment to Special Development District No. 2.
WHEREAS, the proposed major amendment complies with the design criteria set forth in the
Zoning Regulations for amendments to a Special Development District; and
WHEREAS, the proposed major amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and
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Ordinance No. 10, Series of 2009
WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
WHEREAS, the proposed major amendment promotes the health, safety, morals, and general
welfare of the Town, and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1 - Puraose
A special development district is established to assure comprehensive development and use of an
area in a manner that will be harmonious with the general character of the town, provide adequate
open space and recreational amenities, and promote the objectives of the zoning ordinance of the
town. Ordinarily a special district will be created only when the development density will be lower than
allowed by the existing zoning, an environmental impact report indicates that the special development
will not have a substantial negative effect on the Town or its inhabitants, the development is regarded
as complementary to the Town by the Town Council, Planning and Environmental Commission, and
Design Review Board, and there are significant aspects of the special development which cannot be
satisfied under the existing zoning.
Section 2 - Established
Special Development District No. 2, Northwoods was established under the provisions of the original
Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The
development standards for Special Development District No. 2 were established and adopted by the
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Ordinance No. 10, Series of 2009
Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments
have been adopted through the following ordinances:
• Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor
arcades as accessory uses.
• Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers,
boulder retaining wall, sidewalk and landscaping.
• Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site
improvements at Pinos Del Norte, Building C.
Section 3- Develoqment Plan Adoqted
The following documents comprise the development plan for Special Development District No. 2,
Northwoods:
1. The development plan of Vail Associates, Inc., for its Northwoods development. The
development plan includes but is not limited to the following data:
a. The environmental impact report, which was submitted to the zoning administrator in
accordance with Chapter 18.56;
b. Existing and proposed contours after grading and site development having contour
intervals of not more than two feet where the average slope on the site is finrenty-five
percent or less, and contour intervals of not more than five feet where the average
slope on the site is greater than twenty-five percent. Supplemental documentation of
proposed contours shall be submitted to the zoning administrator with the plans # or
each phase of the development;
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Ordinance No. 10, Series of 2009
c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations
and dimensions of all buildings and structures, uses therein, and ail principal site
development features such as landscaped areas, recreational facilities, pedestrian
plazas and walkways, service areas, driveways, and off-street parking and loading
areas;
d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,
showing existing landscape features to be retained or removed, and showing
proposed landscaping and landscaped site development features such as outdoor
recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water
features, and other elements;
e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch
equals one foot or larger, in sufficient detail to determine gross residential floor area,
interior circulation, locations of uses within buildings, and the general scale and
appearance of the proposed buildings shall be submitted on a phase basis;
f. An architectural model of the site and the proposed development, photographs, at a
scale of one inch equals thirty feet or larger, portraying the scale and relationship of
the development to the site, and illustrating the form and mass of structures in the
development;
g. Since phased construction is contemplated, a program must be submitted indicating
order and timing of construction phases, phasing of recreational amenities, and
proposals for Interim development:
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Ordinance No. 10, Series of 2009
2. The amended Development Plan for Special Development District No. 2, Northwoods,
specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of
the proposed lobby addition, locker reconfiguration and site improvements, according to plans
prepared by Fritzlen Pierce Architects, dated April 24, 2009.
Section 4 - Permitted Uses
The following uses shall be permitted in the SDD No. 2 district:
A. A maximum of one hundred thirty-nine dwelling units;
B. A maximum of six dwelling units to house onsite management personnel.
Section 5 - Conditional Uses
The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a
conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,
Vail Town Code:
A. Private clubs and civic, cultural and fraternal organizations;
B. Ski lifts and Tows;
C. Public buildings, grounds and facilities;
D. Public park and recreational facilities.
E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway,
or mall area.
Section 6 - Accessory Uses
The following accessory uses shall be permitted in the SDD No. 2 district:
A. Private underground garages, swimming pools, patios, or recreational facilities customarily
incidental to permitted residential uses;
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Ordinance No. 10, Series of 2009
B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;
C. Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12, Home Occupations, Vail Town Code;
D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
far the operation thereof.
F. Minor arcade.
Section 7- Lot Area and Site Dimensions
Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey)
Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey)
Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet
' Section 8 - Setbacks
The required setbacks shall be as indicated in the development plan, or a minimum of ten feet.
Section 9- Distance Between Buildinas
The minimum distances between all structures shall be as indicated in the development plan, being a
minimum of thirty feet.
Section 10 - Heiqht
The maximum height of buildings shall be forty-five feet.
Section 11 - Densitv
The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall
not exceed one hundred seventy-five thousand square feet.
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Ordinance No. 10, Series of 2009
Section 12 - Buildina Bulk
The maximum length of any wall of a building face shall be one hundred seventy-five feet with a
minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in
the same plane between any two corners of a building shall be two hundred
twenty-five feet.
Section 13- Site Coveraqe
Not more than twenty-five percent of the total site area may becovered by buildings.
Section 14 - Open Space
A. Useable open space for dwelling units shall be required as indicated in the development
plan, but in no case shall the useable open space requirements be less than as follows:
1. A minimum of one square foot of useable open space for each four feet of gross residential floor
area;
2. Not less than one hundred fifty square feet of useable open space shall be provided for each
dwelling unit.
B. Useable open space may be common space accessible to more than one dwelling unit, or private
space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the
required useable open space shall be provided at ground level, exclusive of required front setback
areas.
C. At least seventy-five percent of the required ground-level useable open space shall be common
space. The minimum dimension of any area qualifying as ground level useable open space shall be
ten feet.
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Ordinance No. 10, Series of 2009
D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies
or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open
space shall be five feet, and any such area shall contain at least fifty square feet.
Section 15 - Landscapin4 and Site Development
A. At least sixty percent of the total site area shall be landscaped as provided in the development
plan.
B. Within any area exempted from onsite parking and/or loading requirements, property owners or
applicants shall be required to contribute to the town parking fund, established by this section for the
purpose of ineeting the demand and requirements for vehicle parking. At such time as any property
owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area
which would require parking and/or loading areas, the owner or applicant shall pay to the town the
parking fee required in this section prior to the issuance of a building permit far said development or
redevelopment.
1. The parking fund established in this section shall receive and disburse funds for file purpose of
conducting parking studies or evaluations, construction of parking facilities, the maintenance of
parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative
services relating to parking.
2. The parking tee to be paid by any owner or applicant shall be determined by the town council;
provided in the event shall it be less than one thousand dollars per space, and in addition, that owners
or applicants similarly situated shall be treated equally in any payer's funds are not used by the town
for one of the purposes specified in subdivision within five years from the date of payment, the unused
portion of the funds shall be returned to the payer upon his application.
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Ordinance No. 10, Series of 2009
3. In accounting far the funds expended from the parking fund, the finance department shall use a first
in/first out rule.
4. If any parking funds have been paid in accordance with this section and if subsequent thereto a
special or general improvement district Is formed and assessments levied for the purpose of paying
for parking improvements, the payer shall be credited against the assessment with the amount
previously paid.
Section 16 - Parkinq and LoadinQ
A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section
12-10, Off Street Parking and Loading, Vail Town Code.
At least eighty-five percent of the required parking shall be located within the main building or
buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and
screened from view; and provided, further, that no required parking shall be exposed surface parking
unless such is necessary and approval therefore is attained from the planning commission.
G. No parking or loading area shall be located in any required front setback area,
Section 17 - Conditions of Approval
The following conditions shall apply to the approval of the proposed lobby addition, locker
reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects,
dated April 24, 2009, located at Pinos Del Norte, Building C:
1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed
sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property.
2. DRB approval: The applicant shall receive final review and approval of the proposed
development plan, by the Town of Vail Design Review Board, prior to application of a building permit.
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Ordinance No. 10, Series of 2009
3. ERWS Encroachment: The applicant shall receive final review and approval of an
encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water
and Sanitation District, prior to issuance of a building permit.
4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan for any
proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire
Department, prior to issuance of a building permit.
5. Revocable ROW: The applicant shall receive final review and approval of a revocable right-of-
way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works
Department, prior to issuance of a Certificate of Occupancy.
Section 18
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.
Section 19
The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, or 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 repeated or repealed and reenacted. The repeat of any
provision hereby shall not revive any provision or any ordinance previously repeated or superseded
unless expressly stated herein.
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Ordinance No. 10, Series of 2009
Section 20
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 la 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 5th day of May, 2009 and a public hearing for second reading of the
Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
OF
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, ~EAL . Richard Cleve and, or
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Attest: '
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~ Lor lei onaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of
May, 2009.
/Ri evelan , Mayor
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Attest: • f'~ ~'•.0,
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elei onaldson, Town Clerk cs'•,
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Ordinance No. 10, Series of 2009