HomeMy WebLinkAbout2014-11 Approved Development Plan for Phase III of Special Development District No. 6ORDINANCE NO. 11
Series of 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 22, SERIES
2008, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III
OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO
SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE
ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW
UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT 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. 22, Series of 2008, amended the approved
development plan for Phase III of Special Development District No. 6, Vail Village Inn;
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 April 14, 2014 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 7 -0-
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
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Ordinance No. 11, Series of 2014
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 III 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 22, Series of 2008
to amend the approved development plan for Phase III of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). This amendment
increases the allowable GRFA in Phase III from 46,067 square feet to 46,859 square feet,
an increase of 792 square feet.
Ordinance No. 22, Series of 2008, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with stgkethr-eugh, and text not
affected has been omitted):
Ordinance No. 11, Series of 2014 2
Section 2. Amendment Procedures Fulfilled, Planning Commission Reoort
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 III.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase III 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 III
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase lll, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated April 4, 2014 and stamped approved by the Town of Vail,
dated April 30, 2014 (as may be further amended by the Town of Vail Design
Review Board):
A. A 1.3 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.2 East Elevation, Proposed
D. A2.3 North Elevation, Proposed
E. A2.4 West Elevation, Proposed
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
A.
A1.3 Parking Map
B.
A2.1 Level 95.0 Existing
C.
A2.2 Level 95.0 Proposed
D.
A2.3 Level 105.0 Existing
E.
A2.4 Level 105.0 Proposed
F.
A2.5 Level 114.4 Existing
Ordinance No. 11, Series of 2014 3
G. A3.1 Exterior Elevations
H. A3.2 Exterior Elevations
I. A5.1 Vicinity Map
Section 5. Condition of Approval for Special Development District No. 6. Phase
111.
Conditions applied by the Planning and Environmental Commission in
conjunction with the April 14, 2014 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, including compliance with Sec. 14 -10 -5
Building Materials and Design, Vail Town Code
2. The applicant shall mitigate the employee generation impact
created by the addition of 792 square feet of GRFA in accordance
with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail
Town Code. The applicant shall make the required fee in lieu
payment to the Town of Vail prior to the issuance of any building
permit.
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, if necessary.
4. The applicant shall amend the recorded condominium map to
reflect the increase in floor area and space designation, prior to
requesting any certificate of occupancy inspection.
5. The applicant shall replace the three (3) existing street lights located
along the Frontage Road with Town of Vail street lights per Public
Work's specification. The location of the streetlights is depicted in
the Streetlight Exhibit, included as Attachment C to the May 6, 2014
PEC130046 Town Council Memo. The number of new fixtures shall
be determined by the Director of Public Works and will not exceed
three. The new street lights shall be installed prior to requesting any
certificate of occupancy inspection.
Section 6. Applicability
The changes contained in this ordinance shall only apply to the approved development
plan for Phase III of Special Development District No. 6, Vail Village Inn. Those
changes were contained within the documents associated with the Planning and
Ordinance No. 11, Series of 2014 4
Environmental Commission Major SDD Amendment, PEC13 -0046. 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 7.
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 8.
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
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 9.
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 10.
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.
Ordinance No. 11, Series of 2014 5
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2014 and a
public hearing for second reading of this Ordinance set for the 20th day of May, 2014, at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, M
ATTEST:
Patty cK nny, To rk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 20th day of May, 2014.
Ordinance No. 11, Series of 2014 6
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Andrew P. Daly, yor
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