HomeMy WebLinkAbout2010- 07 Special Development District 37 Tivoli Lodge, Meeting Space Conversion Attachment A
ORDINANCE NO.7
SERIES OF 2010
AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 12, SERIES OF 2003,
AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY
CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI
LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN
ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON
RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5 FILING, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District
No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier;
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.
12, Series of 2003, to amend the Approved Development Plan and density control
requirements, to allow for the conversion of meeting space to an additional accommodation unit;
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 26, 2010 on the major
amendment application and has submitted its recommendation of approval to the Vail Town
Council by a vote of 6 -0 -0; 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. 37, Tivoli Lodge.
Ordinance No. 7, Series of 2010 1
4
Attachment A
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Purpose of the Ordinance
Ordinance No. 12, Series of 2003, is hereby repealed and re- enacted by Ordinance
No. 7, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report t'
The approval procedures described in Article 12 -9A of the Vail Town Code have
3
been fulfilled, and the Town Council has received the recommendations of the
{
Planning and Environmental Commission for an amendment to the Development
Plan and density control requirements for Special Development District No. 37,
Tivoli Lodge.
Section 3. Ordinance No. 12, Series of 2003 is hereby repealed and re- enacted so that
Special Development District No. 37, Tivoli Lodge, reads as follows:
Section 1. Special Development District No. 37 Established
Special Development District No. 37, Tivoli Lodge, is established for development
on two parcels of land, legally described as Lot E, Block 2, Vail Village 5'h Filing,
and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of
22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said
parcels may be referred to as "SDD No. 37 ". Special Development District No 37
shall be reflected as such on the Official Zoning Map of the Town of Vail. The
underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be
Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5'h Filing) and
Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). f
Section 2. Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district. The Vail Town
Council finds that the Approved Development Plan for Special Development District
No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections
12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan
Ordinance No. 7, Series of 2010 2
i
Attachment A
for Special Development District No. 37, Tivoli Lodge, shall be comprised of
materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail
and those plans prepared by Resort Design Associates International, entitled
"Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003."
Amendments made by Ordinance No. 7, Series of 2010 are outlined in the plan
prepared by Reslock and Sullivan, LLC entitled "Tivoli Lodge Page A2.0 dated as
revised on Feburary 8, 2010 „ which are shown in Exhibit A of Ordinance No. 7,
Series of 2010.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2
herein, the following development standards are hereby approved by the Vail
Town Council. These standards are incorporated in the Approved Development
t
Plan to protect the integrity of the development of Special Development District
No. 37, Tivoli Lodge. The development standards for Special Development
District No. 37, Tivoli Lodge are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and
accessory uses allowed in Special Development District No. 37, Tivoli Lodge,
shall be those uses listed in Sections 12 -7A -2, 12 -7A -3, and 12 -7A -4 of the
Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 37,
Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 37,
Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.'
D. Height: The maximum allowable building height for Special Development
District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on
the Tivoli Lodge Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 37, Tivoli Lodge, shall be
27,901.5 square feet and the maximum allowable density shall be one (1)
dwelling unit, sixty -two (62) accommodation units, and one (1) Type III E
Employee Housing Unit, and as indicated on the Tivoli Lodge Approved
Ordinance No. 7, Series of 2010 3
a
Attachment A
Development Plan, dated May 15, 2003. Said Gross Residential Floor Area
(GRFA) shall be allocated as follows:
a. Accommodation Units (62): 24,451 square feet
b. Dwelling Unit (1): 3,000.5 square feet
c. Type III Employee Housing Unit (1): 450.0 square feet
F. Site Coverage: The maximum allowable site coverage shall be sixty -three
percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge
Approved Development Plan, described in Section 2 herein.
G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312
square feet of the total lot area shall be landscaped. In no instance shall the
hardscaped areas of the development site exceed twenty percent (20 %) of
the minimum landscaped area. The landscaping and site development shall
be as indicated on the Tivoli Lodge Approved Development Plan, described
in Section 2 herein.
H. Parking and Loading: The minimum number of off - street parking spaces shall
be forty (40) and the minimum number of loading and delivery bays shall be
one (1), and as indicated on the Tivoli Lodge Approved Development Plan,
described in Section 2 herein.
Section 4. Conditions of Approval
The conditions of approval required as part of Ordinance No. 12, Series of 2010,
have been met. Specifically, the condition that the Developer provides deed -
restricted housing that complies with the Town of Vail Employee Housing
requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli
Lodge development site, and that said deed - restricted employee housing shall be
made available for occupancy, and that the deed restrictions shall be recorded
with the Eagle County Clerk & Recorder, prior to issuance of a Temporary
Certificate of Occupancy for the Tivoli Lodge were met. The required deed -
restricted employee housing units shall not be eligible for resale and the units
shall be owned and operated by the hotel and said ownership shall transfer with
the deed to the hotel property. No other conditions shall be required as part of
the amendments within Ordinance No. 7, Series of 2010.
Ordinance No. 7, Series of 2010 4
Attachment A
Section 5. Amendments
Any amendments to Special Development District No. 37 shall follow the
procedures and regulations outlined in Article 12 -9A, Vail Town Code.
Section 6. Time Requirements
SDD No. 37 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. 7, Series of 2010 not commence within three
years of the adoption of Ordinance No. 7, Series of 2010, Ordinance No. 7,
Series of 2010 will be void, thus reinstating Ordinance No. 12, Series of 2003.
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 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 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.
Ordinance No. 7, Series of 2010 5
Attachment A
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4 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.
N
Richard D. Cleveland, Mayor
;rel ".onaldson, ES a ,
0 •• : •
• ADO .
Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 18 day of May 2010.
• Richard D. Clevelan , Mayor
ATTE ••'••..�••••
orele Donaldson, Town Clerk
ATTACHED: EXHIBIT A
Ordinance No. 7, Series of 2010 6
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