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HomeMy WebLinkAbout1983-44 FAILED Repealing and Reenacting Ordinance No. 28, Series 1976, Establishing Special Development District No. 6, Amending the Site Known As the Amoco Service Station Site~` . ~ ~ .~~ ~~ ~' ~~ ~_ ~y ORDINANCE #4~ (SERIES OF 1983) AN ORDINANCE REPEALING AND REF~~ACTING ORDINANCE #28, SERIES OI' 1976, ESTABLISHING SPECIAL DEVELOPMENT DISTRTCT #6, AMENDING THE SITE KNOWN AS THE AMOCO SERVICE STATION SITE FROM iIEAVY SERVICE DISTRICT TO A PUBLIC ACCOM- MODATION DISTRICT AND INCLUDING SAID REAL PROPERTY IN SPECIAL DEVELOPMENT DISTRTCT #6 AND CHANGING THE DEVELOPMENT STANDARDS OF SPECIAL DISTRICT #6 TO ELIMINATE CERTAIN REQUTREMENTS RELATTNG TO THE DISTANCE BETWEEN BUILDINGS, CHANGING THE HEIGHT REQUIREMENTS AND INCREASING THE ALLOWABLE DENSITY, PROVIDING DTFFERENT PARKING AND LOADING REQUIREMENTS; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREI'ORE, BE IT ORDAINED BY THE TOWN COUNCIL of the ~1'own o:I' Va:i_L as foJ lows : Sect;ioxl :t. Legz_slative Intent. A. 1n 1976 the Town Council of the Tawn of Vail passed Ordinance #28, establishing Special Development District #6 to insure t:he un-ii'i.ed and coordinated development of a critical site as a. whole ~:tnd in a manner suitable for the area. in which it wa.s situated. I3. Special Development District #6 provided in Section 1~ that the Town Council reserve the right to abrogate or modify Special DevelapmenL District #6 for good cause through the enactment of a.n o:rdinancc i.n conformity with the zoning code of the Town of Vail. C. Picadilly Square, Inc. has petitioned the Town of Vail to modify a.r~d amend Special Development District #6 by including therein a site of I.<~,nd located adjacent to Special Development District #6 a.nd knc.~wn as the Amoco service station site and by making certain changes in the deve:iopme;nt plan :f'ar Special Development District #E as set forth herein. D. The Planning Commission of the Tawn of Vail has reviewed the changes sugl;ested by the applicant and has recommended that Special Development District #6 be so amended. E. The Town Council considers that the amendments provide for an even mare unified and more esthetically pleasing development of a. r_ri.txcal site within the Tawn a.nd that they would be of benefit to the inhabitants oi' the Town of Vail. y y ~ ~. 2 Section 2. Ordinance #28 repealed and reenacted. Ordinance #28, Series of 1.976, is hereby repealed and reenacted with amendments to read as follows: 1. Procedures followed. ~'he Town Council specifically finds the procedures for the amendment to the official zoning map and relonin€; the properties within the Town of Vail a.s set forth in Title 18 of the Vail Municipal Cade have been fulfilled acid the Council hereby receives i;he report and recommendations of the Planning and Environmental Commssion recommending the approval of the rezoning of the subject propert, ~. Special Development District #,6 established. In acr,ordance with Section 18.66.160 of the Vail Municipal Code the real proi~ert,y located within the Town of Vail and set forth in Exhibit A attached to this ordinance and incorporated herein by reference is hereby' established and rezoned Special Development District #6. In addition, the real property located within the Town of Vail and set Yorth in Exhibit B attached to this ordinance and incorporated herein is rezoned from heavy service district to public accommodation district a.nd is also incorporated in Special Development District #6 and the zoning administrator of the Town of Vail is directed to make necessary changes on the official zoning map of the Town. Section 3. Purpose of Special Development District. The Special Development District #6 established by this ordinance is established to insux•e a comprehensive development and use of a parcel. of real property located within the Town that will be harmonious with the general character of the Town of Vail and provide adequate open space, recreational amenities and promote the objectives of the zoning ordinances o:f the town. Special Development District is regarded as complimentary to the Town by the Town Council and Planning Commission and satisfies significant aspects of special development which cannot be satisfied under the existing zoning. Section ~. Approval of developmental plan. A. The developmental plan for the Vail Village Inn which is part o:l' this application shall be incorporated in this ordinance by rei'ex•ence and made a part of Special Development District #6 and cc}nsf,it.utes a general plan and guide for development within the special. district. ~ ~ ~ -3- I3. Amendements to the approved development plan which do not ch:.~n~;'e i,ts substance a.nd which are fully recommended and are reported tc) }'l~~nna.n~ Commission may be approved by the Town Council by C. ~n cnvi.ronmental impact report and a supplemental report t~o.r. each phase of construction shall be submitted to the zoning adtninistra.tor in accordance with the zoning code of the Town of Vail pric.).r to the commencement of site preparation, building construction or other improvemEnts of open space. 1. Lath phase of the development shall require the review and recommendations of the Planning Commission a.nd approval by the Town Council. 2, Phase V shall be started and completed during the next 4 years. D. laach phase of Special Development #6 shall require the prior approval of the Design Review Board in accordance with the a.ppl:i.cable pr.nvisiorrs of Chapter 18.51 of the 142unicipa.l Code of the `Pawn c).f Vai.l. Mach phase shall be reviewed by a.n outside consultant at the expense of the developer which consultant shall give its recommendation to the Design Review Board. ].. The development plan shall be amended to reflect the architectural. detail of each phase. I~. Developer agrees to participate in and not protest or remonstrate a~;a.:inst a special improvement district formed for alterations and :improvements in the area known as the ~-way stop sign, if the Town attempts to form such a district. Section 5. Content of Proposed Development Plan. The proposed dc~vc~lopmc~nt plan shall include but is not limited to the following data, as scat forth in the amended development plan as provided and submitted t;o the Community Development Department and the Town Council by Gordon R. Pierce - architect. ~I. Existing and proposed contours after grading a..nd site dc,vc; 3 c)ptnen r having contour intervals of not more than 2 feet and pr'c~litnin~iry dr~.~,i.nage plan. Supplemental documentation of proposed c,c~nlour5 and drainage shall be submitted to the zoning administrator with i;hc~ plans t~or each phase of development. ti ti ~ -4-- B. A site plan, at a scale of ane inch equals forty feet or larger, showing the locations and dimensions of a,ll buildings and structures, uses therein, and all principal site development features such a.s landscape areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and oft street parking a.nd loading' areas. C. A preliminary landscape plan, at a scale of one inch equals forty feet or larger, showing existing landscape features to be reta3_ne:d ar removed, and showing proposed landscaping a.nd landscape site develo~~ment features such as outdoor recreational facilities, bicycle pa.t.l~s, trails, pedestrian plazas and walkways, water features, a.nd other e.~ements. D. Schematic building elevations, sections of floorplans and approp.ri.a.te scales, and sufficient detail to determine floor area., general cir.culati.on and use location, and general scale and bulk of the proposed dc~vclopment. Special detail for these items and their a.ppear- a.nce shall. be submitted on a phase basis. B. A volumetric model as amended by Gordon R. Pierce, Arch 7.tec~, of the site and the proposed development documented by phal;ographs, at a scale of one inch equals twenty feet or larger, pox•i:ray.i_ng the scale and relationship of development to the site and illustrating; the form and mass of structures in the development. SuppJ.ernentary, volumetric models shall be submitted prior to the consrr~xct:i.on of each phase to reflect existing and proposed development. I'. A phasing plan of the proposed development indicating ox•der and general timing of canstruction phases, amenities and proposed intern development. Section 6. Permitted uses in the special district. 1. A7.1 permitted uses as defined in the public accommodation district, Chapter 18.22 of the Municipal Code of the Town of Vail. Sc~cti.on__7. Conditional uses in the special district. A. A].] conditional uses as defined in the public accommodation c~-istr~ct. Chapter X8.22 of the Municipal Code of the Town of Vail, and ~ ~ ~ _5_ subject to tkie issuance of a conditional use permit in accordance with the prc>vi.sions of Chapter 18.60 of the Municipal Code of the Town of Vail.. Sact:i.on 8. Accessory uses in the special district. All accessory uses a,s defined an the public accommodation district, Chapter 18.22 of the f49uz3ic:ipal Code of the Town of Vail. Section 9. Development standards. The following development standards are minimum development standards in special districts: A. Lo-t area and site dimension. The special district shall consist of an area tota.lang 4.005 acres. D, Setbacks The z•equired setbacks shall vary as indicated an the developmtnt plan providing space for planting and an acceptable relationship i;o adjacent property owners. Portions of commercial space may a.butt the south property line. C. height It i5 the intent of the Town Council that the height limits and ra.ng~es of the buildings constructed within special development district #6 should be as low as possible and as outlined on development p]an and model o[ Gordon R. Pierce, Architect. In no event shall the average height of the buildings constructed in special development #6 exceed ~5 ~ ee t; . At the level of detail presently a.vai lab le to the Tnwn Council., it is not realistic to tie down a precise maximum el.evat:ion. The .E'i_na1 designs with regard to elevation wall depend upon further detailed study and projection of the building mass on to photos o:t~ the actual site condition. It is the intent of this ordinance that Lhe heik;E~t massing of the building developed in special development district #6 maintain the quality and feeling of Va.i1 Village along East Meadow Drive a.nd that two story elevations are the predominent height. This two story elevation height can vary upward or downward by half a. level. D. Density Control. The gross residential floor area devoted to a.cc,ommodation z~nats shall. exceed the gross residential floor area, dF~vot:ed tc~ dwr.l ling units . For a.l l phases of the development , the f'c>llcawin~; standards shall apply: 1~ ~ ' -~- Dwelling or I'k~~c:~c~ Acc.ommoda,tion Units GRFA 7I 4 3,315 1].l 29 dwelling 44,830 1:V 185 accommodation 74,470 3 employee units 2,700 V 10 dwelling 1.6,5$5 3 employee units 1,000 Pha,•c~ Commercial space/square feet Z 16,128 square feet I.l 6,473 „ I.I1 10,600 }' „ :I:v 14, Boa f. „ V 6,850 " `I'ota.] commercial. space 54, 851 Cc~nvc,nLi.c>n space = Tota1_ 16,611 square i'eet. l?. )!3u.i.l.di..r~g L3ulk Control.. Building bulk control maximum wall l.c'n~tkz, m~.L~;imum dimensions for building elements requirements for wall o1'.I';;c~ts a.nd vc~rt.icai stepping of root' :lines shall be indicated on the mode=l u.l: I,Iie ~.~.pprc}ved development plan, by Gordon R. Pierce, Architect. I~'. 3i Lc:r Cnvex'age. 'I'he site area. to be covered by the buildings skza i l bc~ ~~.s ~;ene.r. ally indicated on the development plan, but in no case slz~3l:i :it oxcec~d 55 percent of the total site area.. (X. Usable open space. Usable open space shall. be provided as r.c~ckii.ix.•eci i.n )~lcbl-ic accommodati.on district Chapter 18.22 of the Vail 1141cn i c:i I.~a7 Cc7dc~. II. La,ndscapi.ng and site development. At least thirty percent c~i: t:f~c~ t,c~ta7 si't,e area shall be landscaped a.nd plaza area. Landscaping and c~Li~c~r sine devc~lol~ment5 shall observe the landscaping concept a,s irtcl i c:~i.t.c;d i_n the approved development plan. 10. I~arki.n~; and loa.d.ing. 7_. Pa..rl~ing and loading shall kae provided as set forth on i.hc~ ~~i~I~rc,ved c3c~vc~lopmc~n 1, plan . There sha11_ be na less than 350 spaces w:i t.ki i n tk~c~ m~a. i n btai l ding or buildings . ~ ~ ~. ~ ~ ~. . ~ 6 ~tS~ -~- remain in Lhc~ short term rental market to be used as temporary accommo- dati<.~ns ava.:i.lab7.c' to the general public. ~. Arx owner's persc,na:l. use of his unit shall be restricted to ['ou.r•teen days dc.rring the seasanal periods of December kith through April 15th and i~acrrtecn days during June 15th through September 15th. These sf~asorra:l pex•iods are herc?ina:[~ter referred to as "high season." "Owner's })ex•sr~ntl:l. rr5e" shai a. bc~ defined as owner occupancy of a unit or nanpa.ying glcc~~t; o.f the owner o.r ta.king the unit off the rental market during the sea.son~tl l.~er:i ods rc'i'erre~d t;c, herein far any reason other than necessary 7•c,~,air;~ wkxich csrrr~nc~t~ be post paned or which make tkxe unit unrenta.ble. Uccu},tincy c, I' ~a. irni t by a. ] odge manager or staff emplayed by the lodge, however. , sha l :I not berestr:i_cted bar this section. k3. 11 v:iol~.ttion of the owner's use restriction by a unit owner shall ~ubjc~cl. Lhc' owner tc~ a daily assessment rate by the condominium associa- tion o.f' t:hrc~c~ times a rate considered to be a reasonable daily rental ~ r°a.tc? 1'c>r 't;hc lrnit at the time of the violation, which assessment when ~,a.Ld shall be ciepcssi ted ~.n the ;eneral funds of the condominium association f'c~r usc~ iz~ trpt;'rad_ing and repairing the common elements of the condominiums. ~l.l. rums assessed against i:he owner for violation of the owner's personal lr5c., rc~;~tr:i cat i crn and unpa.i.d shall constitute a lien for the benefit of the corxdc>n~i.rri.unz association on that owner's unit, which i.ien shall be evidenced by ~,rri.i.t.c,n ncat:-icc, placed oi' recc,x•d in the office of the clerk and recorder o:l' l;E~.~,~:Le Cotcnty, Colc,r.ado, and which may be collected by foreclosure, on ~sn ownc>>•'s csondomini~u~r unit by the association in like manner as a, martga.ge or dc~c;cl o.i 1, .rust on real. property. 'She condominium assacia.tian's failure t.o csnforc~.e the owner's personal. use restrietiorz shall give the town the right to c~n:i'c,rcc;~ th~~ t~cstrict.on by the assessment and the lien provided fcy~~ hc~r•E~undc?x~. z~' the town cni:orces the restriction, the town shall rc~cc:-i vc~ thc~ 1'r.rnci5 cc, l-lectnd as a result of such enforcement . In the event lit .t i;~~it.:icFn r•c~5ul.ts .t'rom the enforcement of the restriction, as part of 7 t;.; r.•c~warck to t.hc~ }~reva~ l.a.ng party, the court shah. award such party its cc,r~x't. cc,st,~; tcrt;t'.t.ht'r ~~~ith reasonable; attorney's fees incurred. _.g C. The Town sha11 have the right to require from the condominium as~~aciaticln €~n ~~nn~tal report of owner's personal use during the high se~~.sons f'or ~cll condominium accommodation units. D. The lodge shall provide customary 3.odge facilities and services includ~n~ a c~.ustomary marketing program. ~?,, The condominium accommodation units shall remain available to the gc~nc~ra l tourist market, . This condition may kae met by inclusion of the Lfni is o:k' the c~ondomin.ium pro,j ect , at comparable rates, in a,ny local resc~rv<lt i on system fi'or the rental of lodge or condominium units in the Town. F. Thc~ common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous chtira.cter. Any changes, alterations or renovations made to common areas sha1.1 not dimi.ni:~h the size or quality of the common areas. Cr. App:li.cabi7.ity: All conditions set forth within this section shall k~e made'~~inding on the applicant, the applicant's successors, heirs, personal r•epresen t~.~t~.ves a.nd assigns and shall govern the property which is the subject cat' the application for the life of the survivor of the present Town Counc,i.l plus twenty-one years. Any change shall be modified only by tkle wr:i.tten agreement of the Town Council and the owner or owners of the units which a.re condominium accommodation units. The documents creating and governing the condominium accommodation units shall be modified by the owners of such units only with the prior written approval of the Town Council. kk. ~'rocedure: The eondominization of accommodation units shall be accomp:i..ished pursuant to the subdivision review process. The applicant steal.-L provide the 1"ollowing documentation to the Town at the time of app~i_icat:ion tc} condominiumize accommodation units: 1. ~?roof of ownership ; 2. Site inventory for the property indicating in detail the ~.~ci:ua~ location of any amenities serving the lodge; 3. APi'idavi.t oi' services provided as is called for in sub- p~~ra~;r~lph ~? a.bove; ~. Designation and description of all employee units; -10- ~. hl.an of i.mL.~rovements to be made to the property along with esi;tmatcd cos Cs therefore. 16. 1~mt~loyE~e Housing, The following restrictions shall be placed on t:he 6 employee housing units in SDD#0. ll. That the employee dwelling unit shall not be leased or rented .for any period of :Less than thirty {30) consecutive days, a.nd that: i f i t slia.:l.l be rented, it shall be rented only to tenants who a.re full time employees in the Upper Eagle Valley. The "Upper Eagle Valley" sha.l:l be cleerned to include the Gore Valley, Minturn, Red Cliff, Gilman, Ea~,•.t.e-Vail,, and Avon and their surrounding areas. A "full-time employee" is a pc;x'son who works an average of thirty (30) hours per week; and. T3. That: a declaration of covenants and restrictions shall be 1'i :Lc~d o:f record in the office of the Eagle County clerk and recorder in a form approved by the Town Attorney for the beneift of the Town to insure that: t;he restri.cta ons herein shall. run with the land. 17. Construction Financing Comm:i_tment. Before being issued a building permit :for the construction of Phase IV and V respectively, the developer wi.3.1 pre5c,nt the Town Council with a loan commitment evidencing that the developer ha.s obtained the necessary financing for each phase. Sectiota 18 TF any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall. not e:i':fect the va.li.dity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed th.l.s ordinance, and each part, section, subsection, sentence, clause c.>r phrr~sG thereof, regardless of the fact that any one or more parts, ~;c~c,t.ions, subsections, sentences, clauses or phrases be declared invalid. 5ec'tion 3.9 `1'he; Town Council hereby finds, determines and declares that this; ordinance is necessary and proper for the health, safety and wol_Ctc.re c>i' the Towu of Vail. and the inhabitants thereof. Soc;t.i on 20 'I'hc~ repeal. or the repeal a.nd reenactment of any provision of ~t:hc• V<< i 1 Munk 1;~a1 Code as provided i.n this ordinance sha 11 not ai~i'c~c.~t .cny ril;•ht which has accrued, any duty imposed, any violation that, occurred prior to the effective date hereof, any prosecution ~ ~ ~. 1 s -11-- cc~~nmenced, nor any other action or proceeding as commenced under or by virtue o.L' the provision repealed or repealed or reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1NTRODUL'ED, MEAD ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCI, IN FULL T~IIS 2dth day of December, 1983, and a public hearing on this ox•d:~.nancc~ Shall be held at its regular meeting of the Town Council. of f;he Town oI' Vail, Colorado, on the day of 1984, at x:30 p.m. in The Municipal Buildzng of the Town. Rodney E. Slifer, Mayor ATTL S'.C Pamela.~A. Bra.ndmeyer, Town Clerk READ ON SECOND READING, APPROVED AND ADOPTED THIS 1984. This ordinance was ordered published on second re~lding. Rodney E. Slifer, Mayor ATTEST: day of Pame:La A. Bra.ndmeyer, Town Clerk