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HomeMy WebLinkAbout1988- 7 WITHDRAWN Rezoning Proposed Tract E-1 From Agricultural/Open Space to Ski Base/Recreation,, ORDINANCE NO. 7 Series of 1988 AN ORDINANCE REZONING (PROPOSED) TRACT E-1 FROM AGRICULTURAL/ OAEN SPACE TO SKI BASE/RECREATION AND ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 20 FOR {PROPOSED) TRACT E-7., VAIL VILLAGE FIFTH FILING AND LOTS A AND B, BLOCK 2, VAIL VILLAGE FIRST FILING IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter I8.40 of the Vail Municipal code authorizes Special Development Districts within the Town in order to encourage flexibility in the deve1 oprr~ent of 1 and; and WHEREAS, application has been made for Special Development District approval far .certain parcels of property within the Town known as {proposed) Tract E-1, Vail Village Fifth Filing and Lats A and B, Block 2, Vail Village First Filing to be known as Special Development District No. 20, commonly referred to as the Golden Peak Hause; and WHEREAS, the rezoning of (proposed) Tract E-1, Vail Village Fifth Filing from Agricultura]/Open Space to Ski Base/Recreation is necessary in order to a]low for the range of uses and activities proposed far SDD No. 20; and WHEREAS, the proposed development plan is consistent with both the Uail Village Urban Design Guide Plan and the Vail Land Use Plan; and WHEREAS, the Uail Planning and Environmental Commission has recommended approval of the proposed Special Development District No. 20 with conditions; and WHEREAS, the Vail 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. 20. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Chapter 7.8.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the prnpased development plan for SDD No. 20. • t '•'. ~Secti 2 ~ezoninq of {Proposed) Tra~ ~ Uail Village Fifth Filin~ {Proposed] Tract E-1, Vail Village Fifth Filing, within the Town of Vail, consisting of .287 acres, more or less, is hereby rezoned from Agricultural/open Space to Ski Base/Recreational. Section 3. Special Development District Na. 20. Special Development District No. 20 and the related development therefore, are hereby approved for the development of (proposed) Tract E-1, Vail Village Fifth Filing, and Lots A and B, Block 2, Vail Village First Filing, within the Town of Vail, consisting of .4457 acres, more ar less. Section 4. Purpose Special Development District No. 20 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail, to promote the upgrading and redevelopment of a key property in the Tawn, and to provide recreational related facilities to serve residents and guests of the Vaii. The development is regarded as complementary to the Town by the Town Council and meets all applicable design standards as set Earth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development No. 20 which cannot be satisfied through the imposition of the development standards in either the Commercial Gore I or the Ski Base/Recreation zone district. To further respond to the unique aspects of this special development district, SDD No. 20 is delineated by Development Area A and Development Area B. Development Area A of SDD No.20 shall generally apply to Lats A and B, Block 2, Vail Village First Filing. Development Area B of SDD Na. 20 shall generally apply to {proposed) Tract E-1, Vail Village Fifth Filing. SDD No. 20 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 5. Development Plan A. The development plan for SDD No. 20 is approved and shall constitute the plan for development of Areas A and B within the Special Development District. The development plan is comprised of those plans submitted by John M. Perkins, Architect, and consists of the following documents: 1. Site plan, dated January 4, 1988 2. Typical floor plans and roof plan, sheets 2 through 8 3. Elevations, dated January 4, 1988. 4. Vicinity Map, sheet 10 2 . r 5. Finish area vicinity map, sheet 11 6. Preliminary landscape plan, dated 10/6/86 7. Environmental Impact Report and Development Proposal as prepared by Peter damar Associates, Inc. B. The development plan shall establish parameters for the following development standards: Setbacks Setbacks shall be as indicated on the site plan listed above. Height Building heights shalt be as indicated on the elevations and roof plan fisted above. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan listed above. A detailed landscape plan shall be submitted to the Design Review Board for final approval. Parking. parking demands generated by this development shall be met by payment into the Town of Vail parking fund as established in Section 1.8.52.1,60 B of the Municipal Code. Section 6. Density Existing develapment on the site consists of 20 dwelling units and 9,862 square feet of Gross Residential Floor Area. The approval of this development plan sha11 permit an additional 6 dwelling units, consisting of 6,1,1,E square feet of GRFA. Total density permitted with the approval of this development plan consists of 26 dwelling units and 15,975 square feet of gross residential floor area (GRFA). Section 7. flses A. Permitted, conditional and accessary uses far Development Area A shalt be as set forth in the Commercial Core I zone district. 8. Development Area B of SDD lVo. 20 is primarily intended to provide for the recreational base facilities necessary to operate the ski mountain. In addition, year around community events and activities, along with summer recreation uses, are encouraged to achieve multi-seasonal use of this facility. Permitted, conditional and accessary uses far Development Area $ shall be as follows: 3 ~ ~ ~~ ~, ~ Permitted Uses -~ Lower Level The following uses shall be permitted within the main structure at the lower level within Development Area B: 1. Lift ticket sales 2. Ski school lesson sales 3. Ski and boot locker rentals 4. Employee lockers 5. Ski storage facilities 6. Basket storage facilities 7. Ski repair 8. Ski and sport equipment rental 9. Recreational related accessory sales 10. Candy, snack, and sundry sales 11. Meeting room facilities 12. Injury prevention and rehabilitation facilities 13. Ski training center 14. Guest business and communication center J.5. Children's Center 16. Host reception/reservation center 17. public restrooms and changing areas 18. Special/community event center 7.9. Company offices---accessary to permitted and conditiona] uses, not to exceed 25% of the gross square footage of the facility. Permitted Uses, Upper Level A. The following uses shall be permitted within the main structure at the upper level of Qevelopment Area B: 1. Lift ticket sales 2. Ski school lesson sales 3. Ski and boot locker rentals 4. Employee lockers 5. Ski storage facilities 6. Basket storage facilities 7. Ski repair 8. Meeting room facilities 9. Ski training center 4 .'"~ ~ ~ t r• r • 10. Guest business and cammunicatian center 11. Children's center 1Z. Host reception/reservation center 13. Aublic restrooms and changing areas 14. Special/community event center 15. Company offices--accessory to permitted and conditional uses, not to exceed 25°6 of the gross square footage of the facility. B. The following uses sha11 be permitted within the main structure at the upper level of Development Area B provided the total floor area of these uses does not exceed 25% of the total gross footage of street level of Development Area B: 1. Ski and sport equipment rental 2. Recreational related accessory sales 3. Candy, snack and sundry sales 4. Injury prevention and rehabilitation facilities 5. Kitchen/food preparation facilities Permitted Uses, Deck Level The following uses shall be permitted on the deck level of Development Area B: 1. Restaurants in a seasonally enclosed facility as per approved development plan. 2. Cocktail lounges and bars in a seasonally enclosed facility as per approved development plan 3. Outdoor dining decks Section $. Rmendments Rmendments 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.b6.060. Amendments which do change the substance of the development plan shall be required to be approved by the 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. Section 9. 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 completion of the project. If the applicant does not begin and diligently work 5 . ~ ~ ~ ~• ~ • toward completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the proceeding sub-section, the Planning and Environmental Commission shall review the Special development District. They shall recommend to the Town Council that either the approva] 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 10. Conditions of Approval for Special Development District 20. {These conditions of approval include only those conditions recommended by staff. Conditions recommended by the Planning and Environmental Commission are reflected in the cover memo dated March 1, 1988,) 1. A comprehensive drainage plan shall be submitted (and approved by the Town Engineer) and approvals for the relocation of utilities and easements shall be provided by affected utility companies prior to final DRB approval. 2. The developer is responsible for relocating the bike path {as generally shown on the site plan), and the two mature pine trees on the south side of the project shall be relocated in the area of Pirate Ship Park. In the event these trees die within 12 months of relocation, the applicant is responsible for placement of spruce trees of 20 feet high or more. 3. The Town of Vail presently maintains the lawn behind the Golden Peak House Building. The Public Works Department will require indemnification from the owners against any damages to the underground structure prior to resuming maintenance in this area. This area must remain useable to the general public - na roping or fencing off will be allowed. 4. Owners' use restriction as outlined in Section 17.26.060 of the Municipal Code shall apply to these 6 new units proposed in the Golden Peak House (or an equivalent number of units). 5. The inclusion of street trees on the Bridge Street side of the Golden Peak House may be incorporated into the approved development plan. Final determination as to the appropriateness of these trees shall be made subject to the outcome of the Vail Village Streetscape Conceptual Design study (to be completed in the summer of 1988). 6. The applicants' participation in public improvements shall be accomplished by participation in a "mini-special" improvement district to redesign and b ~ ~ f• ~ • relocate Seibert Circle toward an overall improvement district to redesign and relocate Seibert Circle if and when one is farmed. An equitable manner of crediting the applicants' contribution for Seibert Circle toward an overall improvement district for Vail Village will be established, if and when a Village-wide district is formed. Section 11. 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 12. The repeal or the repeal and re-enactment ofi any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has acr,rued, 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 repealed or 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 1st day of March 1988, and a public hearing shall be held on this ordinance on the 1st day of March 1888 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this ATTEST: Pamela A. Brandmeyer, Town Clerk 1st day of March 1988. Kent R. Rose, Mayor 7 eY a . ~ C INTRODDCED, READ AND APPROVED ON SECOND REAaING AND ORDERED pDBETSHED this day of 1988. Kent R. Rose, Mayer ATTESZ: Pamela A. Brandmeyer, Town Clerk ~ ~ 8 •, '~ C7 ~ 6 `~ ~ ` ~ Q- N ~ ~ y ~ Q p -~c«Q-~•p ~ ~ p ~ ~ ~C+ ~ (D ~QQfl~ppa~ b ~ p Q. ~ ~ N 7 cn ~ v' Q p ~C cQ ~ t7' a p Q ~ p~ ~• ~ X p~Q'~mmQ~o w ~ a a ~ ~.~"' ~ ~ m Q`°~@~~~~-`moo ~' m N~ 3 a c~ ," c Q o~ ~Qm ~ ~~-~ n ~j ~° ~ ~ o ~ ~. g ~ cno ~pQQ~~a_°~~ ~i;y ~ ~a, ~ ~ ~ k~a ~~.. 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The approval of this development plan shall Parma an additional B dwelling unke, consbting d 8,714 square feet of GRFA. Total denauy permuted with the approval d this dwetopmem plan canelsta of 29 dwelling antra and 15.976 square feet d gross residential 1loorareafGRFA}, - SECTION 7. Uses - - A. Parminad, condubnal and accessory uses lar Dwelopmenl Area A shall be as set faith In the Commerdal Core I Zone Dlatrlq. ^~~ .dr ' S. Development Area B o! SDD No. 20 fa prlmariy Intended to provide for the recreabnal base }ecllltlss necaesary to operate the ekl mountain, In addition, year around communuy events and acllvkles, along with summer recreation uses, are encouraged to achieve muhf•seasanal use d this (acuity Permined, condtional and arxeasary uses fa fevelopment area B shall ba ae lolkmre: PermNted Usos -Lower Level The lollowing uses shall be pemnltted within the main structure at the lower level Wlthln Dwabpment Area B: 1. LIN Ebket salsa 2. Skl school lesson salsa 4-.. , : ,; ''~:' 3. Skl end boot ladcer rentals ~ E'"°" 4. Employee lodrara ,:r',,~':°:, ~,,r„ S. Ski storage facllklee ' ' `. 8. Basket storage }acllNies ' 7.8kf repair - B. Skl and sport equfpmertt rental ~~;~_'<' 9. Recreational ski related accessory sales , ,' it3 Candy, snack end sundry safes 71. Heating roam fadlNles 12. Injury prevantbn and rehabllltatlon facllltlse :~ 13.3k1 training center ~ - t4. Guest business and communication center - 15. Chlidren's Comer - ~^ 18. Host recaptbnlreservatbn center 17. Public restroons and changing areas _ ttl. Speclallcrommunky event center 19. Company affiaea -accessory to perMtted and conditional uses, net to exceed 2596 d the grcaa square foatage'dthe fadluy. - PermMled Uses, Upper Level A. The following uses shall be permNled wuhin the main snuctura at the upper level d Devel.,, :. Area B: _ 1. LIN ticket sales 2. Skf school lesson salsa ' S. Ski and boot lodter rentals ' 4. Employes lodrers 5. Ski storage faclluba 5. Basket atorege facNNies 7. Ski repair 8. Meeting room facllklea _ ' ~.Sltl training center kfi~~iuest business and communlcatfon i1: Children's Werner - " ' - - ,12. Host receptbNreservatbncanter 13. Public restroorrs and changing areas '14. Bpectet . , inky went oemer - ~ - 1a Cerrpany oNlaaa • acawsory to permlltW told condNfonal uses, net to exceed 259` cf tIN groan square fnotags d the ladluy. B, The laftvwing uses shaft be ue-minea wNhln the resin struqu» at the upper Iwsl d Dwelopment Arsa A provided Iha Taal Noor area d thew uses dges not exceed 25% d the total gross footage d slrea Iwel d Dev , '... . Area B: ~ - 1. Skl and sport equfpmrent rental 2. ltecraatbnal relalsd accessary Bales LL3. Candy, snack and sundry salsa 4. Injury prwentlon and rehabllilatfon facllldea . :: ~,~: - 5. KNchenlfood preparation fadlubs ~~ ~ti:'. Permkted Ueea, Deck Lwel ~ '~~ r ' The folbwing uaea shall be permuted an the deck level d DaiveiiGy;~nit,: Aran v: .. i. Restaurants In a seasonally anclowd facNNy ae per approved dwabpment plan, 2. Cockrell lounges and bars fn a seasonaly encfoeed fadlNy as per approved development plan. : 3.Dutdoordlningdscka ;`';~,Y;~;;1-?~;;' SECTION 8. Amendments ~:',tr.,#;ry'~~a;•.~ -Amendments to the approved dwelopment plan whkh do not change ks substance may be approved by Iha planning and Environmental Commission 'at a regularly scheduled public hearing In accordance wuh the provlebne d Section 19.59,08a. Amandmenta which do change th9 aubet_anc_ s of the dwebpment plan shall be required to be approved by the~'own Councll alter the above procedure hoe been followed. The Community Development Department shall determlrre what conatNutes a change In the avbaana d the dwslapmem Pfau. } .S BEOTiON s. Explrallon -~,.~~,~+~* Ths applicant must begin construction d Nre 8peclet Developmen! Dlsukt wuhln to months from the rims d ks final approval, and continue diligenty toward complalon d the project. N the applicant does not begin and diligently work toward oorrpletlon d the Speclal Dwelopment Dlatrkt ar any stags d the Spedel Development DlstriM within the rims limits Imposed by the proceeding subsection, the Planning and Envlronmenlal Commission shall rwlaw the Speclal Development District. They shelf recommend to the Town CouncN that either the approval d the Spedel Davabpment DI$trlct be .extended, that the approval d the_ Speclal Deva[.,,, ,:,.t Diatdct be rwoked, or that the Speclal Developmem Distrlq be amended. - SECTION 10, Condulona a} Approval Ibr Spedal Deveopment Dlatrlct No. 20 (These oondklorre d approval Include only thaae candltlons recommended by staff. Conditions recommended by the planning and Environmental Commission are reflected In the cover rremo dated March 1, 1998,1 1..?Camprehansiva drainage plan shall be aubmMed (end approved by the Town Engineer} and approvals for the rebcation of ytilNiea and easements shall be provided by alfected utNUy companfea prior to 11na1 DRB approval. 2. The developer la reaponal6le for relocating ' lira bike path {as generally shown on the eke plant, and Iha two mature pine trees an the south side of the project shall be relocated in the area of Plrata Shlp Park. In the event these Irene die wkhln 12 months d relocation, the applfcam is raponsibla far placement d spruce tress d 20 feat high or more. 9. The Town d VaN presently maimalns the fawn behind the Golden Peak House Building. The Public Works Department will require IndemnNlcallon Irom the ownere agalnat any ' damages to the underground atrudure prtor to rsauming maintenance In thb area Thie area must remain useable to the general put9b • na ; roping or fencing off will ba aibrved. . 4. Owners' use reatrlctlon w outlined fn 8satlon 17.28A90 d the Hunklpal Code shall apply to these a new proposed in the golden Peak House {nr an equivalent nurttber d unNa.} 5. The inclusion of street trees on the BrWge Shea side of the Golden Peak House may' be lnoo-porated Into the dwelopment plan. Final dstemrlnetion as to the appropriateneea d these tress sftall be made subject ~ the outcome d the Yell Wuaga Straetecaps Conceptual Design study pn r,e carrr~lstaa In the summer of 19ea). B. Tha.appllcanla' partlcipatlon In public improvements ahatl eta accomplished by partklpallon Ina •mfnl•apeclal' improvement dbtrkt to redesign and relocate Seibert Circle .toward an overaf! Improvement dlstrlct Is _ redwlpn and rebcate 3efbert Cjrde if and what one b tonnad An equNabls manner d credltin~ the applkanta' contrlbutbn for Seibert Clrcfe toward an ovareN Improvement dlatrkt for Yalt Village will be established, N and when a Ylllage•widedlstrlctbfwmsd. ,~ ~,~•- 8EGTION ti. -.-' ' a any pars, aeclbn, aubeectlon, wmence, clause or phrase of ihla oMlnance is for any reason held to be Invalid, ouch declebn shall trot attest the valkluy d the remaining portbna d fhb ordlnance; and 'the Town Council hereby declares h would have passed thb ordlnertoe and each part, section, aubeealon, e9nlenDa~~ clause or phrase thereof, regardless o1 the b that any one ar more parts, aectlon subsections, sentences, douses ar phrases be declared Invalid, SECTION 12. The repeal or the repeal and reenactment of 'any provlebna bf the Yafl Municlpa! Cade art provided In Ihls ordlnance tihall not affect any -rlgM which has accrued, any duty imposed, any vblaNan that occurred prbr to the eNedive date hereof, any prosecution rrorrtmenced, nor any other adbn or proceeding as commenced under or by virtue d the proviabn repealed or repealed and reenadad. The repeal of any provision hereby shall not revNe any provialon or any ordinance prevk>usty repealed ar auperesded unless expressly elated herein. INTRODUCED, READ AND PASSED ON FIRST READIN{i AND CRDERHD PUBLISHED ONCE IN FULL thla tat day d March, 1998 and a public hearing shall be held on [hie oniinance an the 1st day o1 March, 1989 at 7~0 p.m. In the Council Chamber of She Vall Municipal , Building, VaN, Colgrado. TOWN OF VAN. .Kent R. Rasa Mayor ATTEST: - :'', r - Pamela A. Bien. :,~ . _ _ = ., _ :~` Town Clerk ~ ``~~;;~=~' ~,,..PubNshed [n The Vail TraN . i,:.-: ~ on March 4, 1988 .,'",~