HomeMy WebLinkAbout2010- 06 Setbacks, Gross Residential Floor Area, Bishop Park Unit 8 4
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Attachment A
ORDINANCE NO.6
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 13, SERIES OF 1986,
TO AMEND THE APPROVED DEVELOPMENT PLAN AND REQUIREMENTS FOR SITE
COVERAGE, SETBACKS, AND GROSS RESIDENTIAL FLOOR AREA, IN ACCORDANCE
WITH 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE
CONSTRUCTION OF A RESIDENTIAL ADDITION (PATIO ENCLOSURE) TO THE NORTH
SIDE OF UNIT 8, BISHOP PARK, LOCATED AT 63 WILLOW PLACE/ LOTS 1 & 2, BLOCK 6,
VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO
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.
13, Series of 1986, to amend the Approved Development Plan and development parameters, to
allow for the construction of a proposed addition (patio enclosure); and
WHEREAS, the proposed 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
Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning and Environmental Commission held a public hearing on April 12, 2010 on the major
amendment application and has submitted its recommendation of approval, with conditions, to
the Vail Town Council by a vote of 4 -0 -2 (Viele and Paladino recused); and
WHEREAS, the Vail Town Council approved Ordinance No. 6, Series of 2010, upon first
reading, by a vote of 6 -0 -0, at a public hearing on May 4, 2010; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to amend Special Development District No. 15, Bishop Park.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Ordinance No. 6, Series of 2010 1
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Section 1. Purpose of the Ordinance
Ordinance No. 13, Series of 1986, is hereby repealed and re- enacted by Ordinance
No. 6, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures described in Article 12 -9A of the Vail Town Code have
been fulfilled, and the Town Council has received the recommendations of the
Planning and Environmental Commission for an amendment to the Development
Plan for Special Development District No. 15, Bishop Park.
Section 3. Special Development District No. 15
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Section 4. Ordinance No. 13, Series of 1986, is hereby repealed and reenacted so that
the language of Special Development District No. 15, Bishop Park, shall read
as follows:
Purpose
Special Development District No. 15 (SDD 15) was established to ensure
comprehensive development and use of an area that will be harmonious with the
general character of the Town of Vail and to promote the upgrading and
redevelopment of a property within the Town. The development is regarded as
complementary to the Town by the Town Council and meets all design standards
as set forth in the Vail Town Code. There are significant aspects of Special
Development District 15 which cannot be satisfied through the imposition of the
standards in the High Density Multiple Family (HDMF) District. SDD 15 is
compatible with the upgrading and redevelopment of the community while
maintaining its unique character
Established
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Ordinance No. 6, Series of 2010 2
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Amendments
Any amendments to SDD 15 shall follow the procedures and regulations outlined in
Article 12 -9A, Vail Town Code.
Permitted, Conditional and Accessory Uses
Permitted, conditional and accessory uses shall be set forth in the High Density
Multiple Family District, per Article 12 -6H, Vail Town Code.
Density - Dwelling Units
The number of dwelling units shall not exceed twelve (12) dwelling units, including
one (1) employee housing unit on -site.
Density - Gross Residential Floor Area
Since the adoption of Ordinance No. 13, Series of 1986, the method of calculation
of Gross Residential Floor Area (GRFA) has been amended and numerous "250
Additions" have been constructed. The total allowable GRFA on -site is 27,574
square feet.
Development Plans
The development plan for SDD 15 is approved and shall constitute the plan for
development within the special development district. The development plan is
comprised of certain plans adopted by Ordinance No. 13, Series of 1986 as well
as amended plans. The following plans were adopted by Ordinance No. 13,
Series of 1986, and were submitted by Gordon Pierce, AIA, Architects and
Berridge Associates, Inc., Landscaping Architects:
1. Elevations and sections by Gordon R. Pierce dated March 17, 1986
2. Preliminary landscape plan by Berridge Associates, Inc. dated March 17, 1986
Amended development plans submitted by K.H. Webb Architects, adopted by
Ordinance No. 6, Series of 2010, are as follows, and included in Exhibit A of this
Ordinance:
1. Site plan by K.H. Webb dated March 9, 2010
Ordinance No. 6, Series of 2010 3
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2. Floor plans by K.H. Webb dated March 9, 2010
Development Standards
The development standards set out - herein are approved by the Town Council.
The development standards represent the existing structures within Bishop Park
as of April 8, 2010, plus the amendments from Ordinance No. 6, Series of 2010.
Setbacks
Setbacks are as built on the site plan adopted as part of the development
plans.
Height
Maximum height shall be no greater than 44 feet.
Site Coverage
Site coverage shall not exceed 66% of the total site area.
Landscaping
Landscaping shall be a minimum of 56% of total site (with up to 20%
hardscape counting towards landscaping requirement).
Parking and Loading
The minimum parking requirement is 29 underground parking spaces and
4 surface spaces for loading and delivery.
Recreation Amenities Tax Assessed
The recreational amenities tax shall be assessed for any additions at the time of
issuance of building permit for the current rate set by the Town of Vail.
Use Restriction Related to the Employee Housing Unit (formerly referred to
as Manager's Unit)
The employee housing unit, Unit No. 12, shall be restricted to employee housing
as per Chapter 12 -13, Employee Housing, Vail Town Code.
Additional Amenities and Approval Agreements for Special Development
Ordinance No. 6, Series of 2010 4
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District No. 15.
A. At the time of adoption of Ordinance No. 13, Series of 1986, the
applicant, or his successor in interest, agreed to contribute $4,900 toward
the construction of a bike pathway from Vail Road to Willow Bridge Road
in the form of an unconditional letter of credit from a financial institution
and in a form acceptable to the Town Attorney. A letter of credit was
provided but per the provisions in Ordinance No. 13, Series of 1986, the
funds were released because construction of the bike pathway was not
commenced within five (5) years of adoption.
B. Upon issuance of a building permit for the additions proposed within
Ordinance No. 6, Series of 2010, the applicant shall pay a fee -in -lieu for
mitigation of employee housing for 22.1 square feet, per the adopted fee
schedule established by the Vail Town Council
Time Requirements
SDD No. 15 shall be governed by the procedures outlined in Article 12 -9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the major
amendment within Ordinance No. 6, Series of 2010 not commence within three
years of the adoption of Ordinance No. 6, Series of 2010, Ordinance No. 6,
Series of 2010 will be void, thus reinstating Ordinance No. 13, Series of 1986.
Section 4. 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 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in th is
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
Ordinance No. 6, Series of 2010 5
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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 amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. 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 4th day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST: �O�►N • `� i
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relei onaldson, Town Clerk •. •
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INTRODUCED, READ, ADOPTED AND N SECOND READING AND ORDERED
PUBLISHED IN FULL this 18 day of May, 2010.
Richard D. C eve , May r
ATTEST:
N •p�G
lei Donaldson, Town Clerk '9r
ATTACHED: EXHIBIT A G� 'k ;.•`
�RADO
Ordinance No. 6, Series of 2010 6
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