HomeMy WebLinkAbout2014-15 Repealing and Reenactin Ordinance 17, Series 1977, Amending Special Development District No. 8, Fallridge, to Allow for the conversion fo three Commercial Condos to three Residential CondosORDINANCE NO. 15
SERIES 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.
17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT
NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE
COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL
CONDOMINIUMS, 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;
WHEREAS, .the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 17, Series of 1977, established Special Development
District No. 8, Fallridge, per the approved development plan; and
WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail
Town Code, per the approved development plan; 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 reestablish Ordinance No. 17,
Series of 1977, to amend the approved development plan, allowing for the conversion of
three condominiums from commercial use to residential use, and
WHEREAS, said commercial property is an outlying use, while permitted, in what
is a predominantly residential area of Vail, and
WHEREAS, Special Development District No. 1 established a development plan
for the Sunburst Subdivision that was never fully realized due to financial insolvency,
leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a
much different arrangement and intensity of land uses than originally envisioned, and
WHEREAS, in accordance 'with the provisions outlined in the Zoning
Regulations, the Planning and Environmental Commission held a public hearing on
September 22, 2014, on the major amendment application and ha's submitted its
recommendation of approval with conditions to the Vail Town Council by a vote of 7-0;
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
Ordinance No. 15, Series of 2014
WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have
been fulfilled; 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 re-establish Special Development District No. 8, Fallridge.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS
HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS
FOLLOWS:
Section 1. The approval procedure prescribed in Section 12-9A-10,
Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council
has received the report of the Planning and Environmental Commission recommending
approval, of the proposed development plan for Special Development District No. 8.
Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending
the development plan for Special Development District No. 8, which eliminates
commercial as a permitted use for Lot 2, Sunburst Filing 3.
Section 3. Special Development District No. 8, a special development zoning
district, is hereby established for the development of a certain parcel of land comprising
1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the
addition of the following provisions set forth as "Special Development District No. 8" and
a map which shall become an addition to the Official Zoning Map.
Section 4. Purposes: Special Development District No. 8 is established to
ensure comprehensive development and use of an area in a manner that will be
harmonious with the general character of the Town, provide adequate open space and
recreational amenities, and promote the objectives of the Zoning Ordinance. The
development is regarded as complementary to the Town by the Town Council and the
Planning Commission, and there are significant aspects of the special development
which cannot be satisfied through the imposition of standard districts on the area.
Section 5. Established: Special Development District No. 8 is established for
thedevelopment of multi-family dwelling anal ^^m^.Prn*R' PRteF ise on a parcel of land
comprising 1.3 acres in the formerly created = SDD1 area of the Town Special
Development District 8 and said 1.3 acres is referred to as "SDD8".
The existing building consisting of 74 74 dwelling units contains approximately
86,000 90,250 square feet of gross residential floor area and appFaximately 6,250
and 443140 underground parking spaces, and shall
be included in SDD8.
Ordinance No. 15, Series of 2014
Section 6. Permitted Uses: In SDDB (existing building), the following uses
shall be permitted:
A) Multiple family residential dwellings.
13) Aooessen/ retail and resta rant and seniise establishments nn} nos mYi n
FROM
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l steFes
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Art supply stores and galleries
RnAkc-Fitnfe$
Gandy steF@s
i= nOrts
Gaft stores
HobbyGtefes
jewe!Fy steFes
Leather goods stores
LiqueF stores
Toy
BtaFes
Tey- steres
V8F*ety stores
Barbershops
Beauty shops
Travel and Ceket agendas
Geffee shops
R.AAtR---.rR;ts
Section 7. Conditional Uses: In SDD8 the following conditional uses shall be
permitted subject to the issuance of a Conditional Use Permit in accord with the
provisions of Chapter X912-16, Conditional Uses, Vail Town Code, hereof:
A) Public utility and public service uses.
B) Public buildings, grounds and facilities.
C) Public or private schools.
D) Public park and recreational facilities.
E) Meeting rooms.
C1 Maj aFGade, 60 I g s it does not have any eAerior frontage n aRy n olio
3 Ordinance No. 15, Series of 2014
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Section S. Accessory Uses: In SDD8 the following accessory uses shall be
permitted:
A) Indoor and outdoor recreational facilities, including but not limited to,
swimming pools and tennis courts.
B) Home occupations, subject to issuance of a home occupation permit in accord
with the provisions of 18.58. 130 Section 12-14-12, Home Occupations, Vail
Town Code, hereof.
C) Other uses customarily incidental and accessory to permitted or conditional
uses and necessary for the operation thereof.
P) MineF afeade-
Section 9. Development Standards:
General Density Plan of SDD8, existing building maximum gross residential
floor area (square feet): 85,099 90,250.
Maximum number of dwelling units: 74 74.
Maximum gFOSS GgrwneFeial Olen area (sq rare Feet)• 5,250.
Underground parking spaces: 443140.
Section 10. Recreational Amenities: The developer shall provide a parcel of
land of approximately 2 acres from land adjacent to SDD8, presently owned by it and
not necessarily contiguous to the SDD8, which parcel shall be used for recreational
amenities to be provided by the developer, and determined jointly by the developer of
SDD8 and the developer of said adjacent land subject to approval by the Town. The
owners of dwelling units located within SDD8 shall be entitled to use such amenities
pursuant to the rules and regulations of the homeowners' association governing the
recreational amenities parcel of which all owners of dwelling units in SDD8 and on said
adjacent land are members.
Section 11. Conditions of Approval:
1. The applicants shall each mitigate the employee generation impact created by
the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.;
1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24,
Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their
specific unit's impact according to the methods and timing prescribed in
Section 12-24-6, Methods of Mitigation, Vail Town Code.
2. Prior to requesting a Final Planning Inspection, the applicants shall amend the
plat and governing documents regarding the change in use for units C-1, C-2,
and C-3.
Section 13. 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 Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
4 Ordinance No. 15, Series of 2014
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 14. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 15. 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 16. 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 7 t day of October, 2014, and a
public hearing for second reading of this Ordinance set for the 4t' day of November,
2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
U
0 -
'READ AND APPR
this 4`h day of November,
0
SEAL,ndrew P.
• ty3
ON SECOND READING AND ORDERED PUBLISHED
R N OR
S ••'�< Andrew P. Daly, M
SEAL
Ordinance No. 15, Series of 2014