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1982- 7. ~ ,,` . ORDINANCE #7 (Series of 1982) AN ORDINANCE REZONING LOT 1, VAIL VILLAGE SECOND FILING FROM TWO FAMILY RESIDENTIAL TO HIGH DENSITY MULTIPLE FAMILY DISTRICT AND APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD 12) AND THE DEVELOPMENT PLAN THEREFORE IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE. WHEREAS, on the official zoning map of the Town of Vail, Colorado, the subject property is currently zoned as Two-Family Residential; and WHEREAS, in accordance with Section 18.66.110 of the Vail Municipal Code, the Peak of Vail has initiated a rezoning of the subject property requesting that the property be rezoned from Two-Family Residential to High Density Multiple Family District having certain specified condi- tions; and WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, the Peak of Vail submitted an application for special development district approval for Lot 1, Vail Village Second Filing to be known as SDD 12; and WHEREAS, The rezoning of the property and the establishment of the requested SDD 12 will ensure use of the site in a manner suitable for the area in which it is situated; 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 SDD 12; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Section 18.40 and Section 18.66.110 of the Vail Municipal Code have been fulfilled and the Town Council has received the report of the Planning and Environmental Com- mission recommending denial of the rezoning and Development Plan for Sdd 12. _~ ,~ • Section 2. Special Development District 12 Established. Pursuant to Sections 18.66.160 and 18.40 of the Vail Municipal Code, Lot 1, Vail Village Second Filing, is rezoned from Two Family Residential to High Density Multiple Family and the Development Plan is hereby approved. Section 3. Development Plan A. The Development Plan for SDD 12 is approved and shall constitute the plan for development within the Special Development District. The Development Plan consists of the following documents: 1. The site plan, floor plans, and architectural elevations and sections submitted to the Planning and Environmental Commission on March 8, 1982. Section 4. Development Procedure. A. Prior to commencement of construction of any improvements with respect to any phase of development the following shall occur: 1. The improvements shall have received the approval of the Design Review Board ("DRB") and the plans approved by the DRB shall be part of the Development Plan. 2. Pay the appropriate recreation amenities fee. 3. Building permits for the proposal improvements shall have been obtained. B. Amendments to the Development Plan shall be in accordance with Subsection 18.40.040 (D). C. The applicant must begin construction of the special development district within eighteen months from the effective date of this Ordinance, and continue diligently toward the completion of the project. If the special development district is to be developed in stages, the applicant must begin construction of each stage within eighteen months of the completion of the previous stage. 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 herein, 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 -2- -~~~ •{ .1 • f • be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 5. Development Standards. A. Setbacks. The minimum setback shall be twenty (20) feet. B. Height. No building shall exceed 48 feet in height. C. Density. The Gross Residential Floor Area of the dwelling units shall not exceed 11,590 square feet. The maximum numbers of dwelling units allowed is 5. D. Site Coverage. The site area to be covered by buildings shall be as shown on the development plan. E. Parking. Each unit shall have two underground parking spaces provided. Section 6. As provided in Section 18.08.030 of the Vail Municipal Code, the Zoning Administrator is hereby directed to promptly modify and amend the Official Zoning Map to indicate the rezoning and Special Development District adopted herein. Section '~. 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, sub-section, 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 Council hereby states that this ordinance is necessary for the protection of the public health, safety and welfare. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of March, 1982, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the day of 1982, at 7:30 p.m. in the Municipal Building of the Town of Vail. Rodney E. Slifer, Mayor ATTEST: Colleen Kline, Town Clerk