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HomeMy WebLinkAbout2013-13 Repealing and Reenacting Ordinance No. 16, 2004ORDINANCE NO. 13 Series of 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, 2004 WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW AN INCREASE IN ALLOWBALE GROSS RESIDENTIAL FLOOR AREA, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, Ordinance No. 7, Series of 2012, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn, to increase the allowable number of dwelling units from one (1) to two (2); and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12- 9A -10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 23, 2013 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 5 -1- 0; 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, 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 WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and Ordinance No. 13, Series of 2013 second reading WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote 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; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. 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 the development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of this ordinance is to repeal and reenact Ordinance No 16, Series of 2004 to amend the approved development plan for Phase IV of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). The increase in allowable GRFA will result in and addition to the penthouse dwelling unit. Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with stFiketl;Feugh, and text not affected has been omitted): Ordinance No. 13, Series of 2013 second reading 2 Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Article 12 -9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase IV, The Sebastian (Vail Plaza Hotel) Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase IV are established 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 recreational amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 6, Vail Village Inn, Phase IV, The Sebastian Development Plan — The approved development plan for SDD No. 6, Vail Village Inn, Phase IV, The Sebastian shall include the following plans and materials prepared by Zehren and Associates Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004: (as may be further amended by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettess Key Plan (noted for "illustration purposes only ") C. Site Vignettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One I. Level One & Y2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Ordinance No. 13, Series of 2013 second reading 3 Q. Street Sections (Vail Road Elevation /North Frontage Road Elevation) R. Plaza Section (South Plaza Elevation /East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights /Interpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade /Interpolated Contours) Y. Pool study (Pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery Plan BB. Street Entry Studies (Vail Road /South Frontage Road) CC. Sun Study DD. Landscape Improvement Plan EE. Off -site Improvements Plan Amended plans prepared by Poss Architecture and Planning, dated September 17, 2013 and stamped approved by the Town of Vail September 23, 2013 (as may be further amended by the Town of Vail Design Review Board) A. Main Level Floor Plan B. Upper Level Floor Plan C. Existing Roof Plan D. Proposed Roof Plan E. Floor Plans Lower Level — Area Calculations F. Floor Plans Upper Level — Area Calcuaations G. Existing North Elevation H. Proposed North Elevation 1. North Elevation — Massing Study J. Existing East Elevation K Proposed East Elevation L. East Elevation — Massing Study M. Existing South Elevation N. Proposed South Elevation O. South Elevation — Massing Study P. Existing West Elevation Q. Proposed West Elevation R. West Elevation — Massing Study S. East E/evaton — Massing Study (Building Stepping) T. Street Section — North Elevation U. Plaza Section — South Elevation V. 3D Photo Simulation — North Elevation W. 3D Photo Simulation — South Elevation Ordinance No. 13, Series of 2013 second reading 4 Permitted Uses — The Permitted uses in Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -2, Public Accommodation District, Vail Town Code. Conditional Uses - Conditional uses for Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -3, Public Accommodation District, Vail Town Code. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16, Conditional Uses, Vail Town Code. Density -- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units — 2 Accommodation Units - 100 Fractional Fee Club Units — 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Density — Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forward in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks — Required setbacks for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this memorandum. The front setback along Vail Road shall be a minimum of 16 feet. Height — The maximum building height for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. For the purpose of SDD no. 6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in the Approved Development Plans. Site Coverage — The maximum allowable site coverage for Phase IV shall be as set forth in the Ordinance No. 13, Series of 2013 second reading 5 Approved Development Plans referenced in Section 4 of this ordinance. Landscaping — The minimum landscaping area requirement for Phase IV shall be as set forth in the approved Development Plans referenced in section 4 of this ordinance. Parking and Loading - The required number of off - street parking spaces and loading /delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading /delivery or guest drop- off /pick -up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented, or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Approval Agreements for Special Development District No. 6, Phase IV, The Sebastian That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No.6, Vail Village Inn. 2. That the Developer submits detailed civil engineering drawings of the required off -site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the offsite improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan c. A Stormwater Management Plan; Ordinance No. 13, Series of 2013 second reading 6 d. A Site Dewatering Plan; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotel and the Phase III Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed - restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off -site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct a left -turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left -turns from the loading /delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer provides a centralized loading /delivery facility for the use of all owners and tenants within Special Development District No.6. Access or use of the facility shall not be unduly restricted for Special Development District No.6. The loading /delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and /or private loading /delivery programs, sanctioned by the Town of Vail, to mitigate loading /delivery impacts upon the Vail Village loading /delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and /or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. Ordinance No. 13, Series of 2013 second reading 7 10. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off -site improvements, prior to the issuance of a building permit. 11. That the Developer records Type III deed - restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 12. That the required Type III deed - restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 13. That the Developer submits a copy of an approved access permit form the Colorado Department of Transportation verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6, 2004. 14. That the Developer shall contribute a one time payment to the Town of Vail in the amount of $35,000 for the East Meadow Drive Art in Public Places archway project, or other Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects ") as a means of mitigating development impacts associated with the construction of the Vail Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the Town fail to commence with the design and construction of the Projects within one year of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza Hotel, the one -time payment of $35,000 shall be refunded to the Developer. Conditions applied by the Planning and Environmental Commission in conjunction with the September 23, 2013 recommendation of approval with conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the employee generation impact created by the addition of 839 square feet of GRFA in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging. Ordinance No. 13, Series of 2013 second reading 8 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. At the discretion of the Design Review Board, the roof form above the penthouse upper floor deck can be increased to be greater than an 18 inch eave overhang. Section 6. Approval Expiration; Time Limitations The developer must begin construction of special development district amendment within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. Section 7. Applicability The changes contained in this ordinance shall only apply to the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn. Those changes were contained within the documents associated with the Planning and Environmental Commission Major SDD Amendment, PEC13 -0021. No other provisions or requirements of the governing ordinance for any other phase of Special Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this ordinance. Section 8. 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 Vail 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 9. The amendment of any provision of the Town Code of Vail 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 Ordinance No. 13, Series of 2013 second reading 9 amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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. Section 11. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2013, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. ayor ATTEST: Q. C-� �� Tammy agel, ing Jerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 5th day of November, 2013. ATTEST: Ta my el, Acti Town Clerk Ordinance No. 13, Series of 2013 second reading Andrew P. Daly ayor - SEAL 10 TA 00 b� ORA�