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HomeMy WebLinkAbout2010- 06 Setbacks, Gross Residential Floor Area, Bishop Park Unit 8 4 } 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 . i 't t t 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 Purpose of the Ordinance Ordinance No. 13, Series of 1986, is hereby repealed and re- enacted by Ordinance No. 6, Series of 2010.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 i! 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 i 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 E' 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 •.! relei onaldson, Town Clerk •. • • 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 Lunn�u tsnL aaripwL �nL r LMn 7oru mwwo'i sIM cu L9918 0) 11YA Dnj MOT11M (9 CD g q a M y N dOHSlB L w a t CO w y O d V O w . > p B .. w z ^ DOv0v< td _ a�La JU�� z�d°O F- 0 e O Q ` Z CL 0 z cc to i _ J 1 , p�m I) • °i i O LA 4 � o F- t7 - > o 3: •a n / w e O vr�m II o< w Ln 5 � ` 3 E LL O Q n n n -p HO l O t Q y! 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