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HomeMy WebLinkAbout1986- 5 Approving a Special Development District (SDD No. 14) aRDINANCE N©.~ Series of 1986 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD N0, J.4) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHRPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, Vail Holdings, a Colorado Limited Partnership, has submitted an application far special development approval for a certain parcel of property within the Town known as Lot 2, Black 1, Vail Lionshead 2nd Filing, to be known as Special Development District 14, and commonly referred to as the Doubletree Hotel; and WHEREAS, the establishment of the requested SDD 14 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning Commission has recommended appraval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 14; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Amendment Arocedures Fulfilled, Planning Commission Report. The appraval procedures prescribed in Chapter 18.4Q of the Vail Municipal Code have been fulfi]led, and the Town Council has received the report of the Planning and Environmental Commission recommending appraval of the proposed development plan for SOD 14. Section 2. Special Development District 14 Special Development District 14 (5DD 14) and the development plan therefore, are hereby approved for the development of Lat 2, Block 1, Vail Lionshead Second Filing, within the Town of Vail, consisting of 2.6298 acres or 114,5x4 square feet, more or less. r ~q ~ • 5ettion 3. Purpose ' ~ ",. Special Development District 14 is 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 key property in the Town. The development is regarded as complementary to the Town by the Tawn Council and meets all design standards as set forth in Section 18.40 of the Municipal Cade. There are significant aspects of Special Development District 14 which cannot be satisfied through the imposition of the standards in the High Density Multiple Family zone district. SDD 14 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 14 is approved and sha'11 constitute the plan for development within the special development district. The development plan is comprised of those plans submitted by Anthony Pellechia, Architects as dated December 27, 1985, and consists of the following documents: 1. Site plan 2. Preliminary landscape plan by Berridge and Associates, inc. 3. Typical floor plans 4. Elevations and sections 5. The Environmental Impact Report dated January, 1985 as prepared by Berridge and Associates, Inc. ~ ' `' ~` "' ~ ' ` ` B. The Development Plan shall adhere to the following: Setbacks Setbacks shall be noted as on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the sate to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Resign Review Board for their approval. 2 ~. ~ •p. ~ • . .... . . .... ..~~ • Parking and Loading Parking and loading sl floor plans as listed site be less than 211 maximum of 11 located by a gate (ar similar acceptable methods. loll be prnvided as indicated on the site plan and above. In no case shall the parking provided an spaces with 200 of those spaces underground and a an the surface. Parking access shall be controlled structure) or by an attendant or by other Section 5. Density Existing development an the site consists of 128 accommodation units and 19 dwelling units consisting of 73,577 square feet of gross residential floor area. The approval of this development plan shall permit an additional 92 accnmmodation units and 5 dwelling units, consisting of 42,57fi square feet of gross residential floor area. The total density permitted with the approval of this development plan consists of 220 accommodation units and 24 dwelling units with a total of 116,153 square feet of gross residential floor area. Section &. Uses Permitted, conditional and accessary uses shah be as set forth in the High Density Multiple Family zone district. Section 7. Amendments Amendments to the approved development plan which do not change its substance may be approved by the planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.Ofi0. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. 3 ~v - - • ~ ~ ° ,. , . Section 8. Expiration The applicant must begin construction of the special development district within 18 months from the time of its final approval, and continue diligently toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either `.the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 9. Conditions of Approvals for Special Development District 14 A. The development contained within SDD 14 shall not be converted to any farm of time share ownership for a period of 20 years from the date of the approval of this ordinance. The applicant agrees to limit the use of any new dwelling units approved with this development plan to those restrictions outlined in Section 17.26.075.A, Candaminium Conversion, of the Vail Municipal Code. Notwithstanding the foregoing, the restrictions set forth in Section 17.26.075 of the Municipal Cade of the Town of Vail shall not apply to the dwelling units during any period during which they are owned by any individual who is also an owner of the Doubletree Hotel. 8. The 92 additional accommodation units permitted with the approval of SDp l4 shall be developed as lodge rooms under a single ownership. Any proposal to condominiumize the accommodation units would require approval as per the Subdivision Regulations of the Town of Vail. C. The applicant shall bear all costs related to the design and construction of the right turn deceleration lane and left turn lane as recommended in the transportation element of the Environmental Impact Report. These improvements shall be completed prior to the issuance of a temporary certificate of occupancy for any new residential units developed on the Site. 4 D. Prior to the issuance of a building permit, the applicant shall demonstrate that all required approvals from the State Highway Department for changes to access off the South Frontage Road have been obtained. E. Prior to the issuance of a building permit for the construction of any improvement in SDD 14, the owner or owners of SDD 14 shall grant an easement to the Town of Vail far the use of the public for access across SDD 14 to the Vail Valley Medical Center located on lots E and F, Vail Village Second Filing, County of Eagle and State of Colorado. F. Prior to the issuance of a building permit for the construction of any improvement in SDD 14, the owner ar owners thereof shall pay into the Town of Vail parking fund the sum of $235,000.00. The amount of $235,OOt3.00 shall be firm for six months. After a six month period, the Town shall have the right to increase said sum to reflect the increased costs of building parking spaces within the Tawn. The owner or owners of SDD 74 shall have the option of paying the parking fee in its entirety at ar before the issuance of any building permit, or in the alternative may pay the fee in five equal installments of 20% of the entire fee. Should the owner or owners choose to pay the parking fee in installments, they shall pay the first installment to the Town of Vail at or before the issuance of the building permit and at said time shall issue a promissory note to the Town requiring the issuer to pay the rest of the parking fee in four equal annual installments of principal and interest payable on the anniversary date of the first payment and each year thereafter at a yearly interest rate of lo% until paid in full. The promissory note shall be secured by a deed of trust an the property included within SDQ 14 and the form of bath the promissory note and the deed of trust shall be as determined by the Town Attorney. 5 ~" ~'' 1 " , 1! ~ • ~~... Section ID• If any part, section, subsection, sentence, clause•or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 11. 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 .12, The repeal or the repeal and reenactment of any provisions of the Vail Municipal 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 ar by virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 18th DAY OF March 1986, and a public hearing shall be held on this ordinance on the 18th day ' of March 1985 at 7:30 p.m. in the Counci''Chambers~of the Vail Municipal Building in Vail, Colorado. Ordered published in full this 18th ~~rT~ 'T ,~.~~~ U Pamela A. Brandmeyer, Town Clerk day of arc^~. ' ~~ ~ 1986. r ~ // ~` Paul R; Joh!w~ton, Mayor INTRODUCED; READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 1st day of April 1986. ~,,,.. ATTEST ; ~ . h!'1 `~I/N~'~~~ U Aamela A. Brandmeyer, Town Clerk ~~ ~c'c~~ ~ i Kent R. Rose, Mayor Pro Tem `~' ~, 6 Y • Tj O ~~ O~ x '~- O 6 O o ~ Q a n ~• ~ _ O ~~ ~' ~ C1 ~ Q ~ Q O ~ O Q c c o r ro 0 ~ ~ ~o a ~~o cQ m i S~/ ~ ~ O ~F 7 ~ ~ Q V ~ ~ n ~ ~ N ~ Q -_~+'.,,~ chi` {D ~ 7 S O ~ ~ <- ~ ° ~om~'na~°~ G O n O T~ ~ x p to O CD Q r- ~ ~ ~ ~~ ~ ~ ~~~ m ~ ~ 0 H Q Q [~ ~ ~ O3-~,.O~CC~~ ~ p ~ QQ (~ ~ 7 ~ (~~~Q~~~S7~ O O ~ LL Q ~ ~ ONOn'~NaCQ ~•~.~ O ~ ci A n ~ m ° Q~Oa~ya°QO `~ C7 ~ O ~ Q O ~ ~~~3~~map_~ p ~ q ~ ~ Q O ~ Q~ Q ~~'~B m -r c{D ~ Q Qp~~O~cD-?~ ~. ~ . ~ -c cD Q.a-~Q ~p Q QD ^ ~ ~ ~ ~ ~~m~roc~~~ -h ~ a N ~ y'v O ~- ---F 0. ` ' -* ~' tD ~ Q ~ ~ VQ~,'0~~7C0~ v, ~ ~ i3 y O~j O 6^'(D ~ N O Q Q ~ ~ N y-cn ~N C}(Q~~Q O ~ ~ Q. 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