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1990- 1.` , . ' .'~ 4 ORDINANCE NO. 1 Series of 199U ~~ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE 7 SERIES OF 1989, A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD NO. 14) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS TN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, SDD No. 14 for development of Lot 2, 131ock 1, Vail Lionshead 2nd Filing was originally approved by Ordinance 5 of 1986; and has been amended by Ordinance No.7, Series of 1989; and WHEREAS, The applicants wish to make amendments to SDD 14; and WHEREAS, the establishment of the requested SDD 14 will ensure 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 approval 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. REPEAL AND RE--ENACTMENT. ORDINANCE 7, SERIES OF 1989 is hereby repealed and re-enacted with amendments to read as set forth below. Section 2. Amendment Procedures Fulfilled. Planning Commis- sion Report. The approval p.~~ocedures prescribed in Chapter 18.44 of the Vail Municipal Code ~__=ave been fulfilled, and the Town Council has received the report of the P~.3nning' anr~ ~:nvironmental Commission recommending apu~:aaS., ~~1 ~of the proposed development plan for SDD ~` 14 . • ~~ Section 3. Special Development District 14. Special Development District 14 (SDD 14) and the development plan therefore, are hereby approved for the development of Lot 2, Block 1, Vail Lionshead Second Filing, within the Town of Vail, consisting of 2.5298 acres of 114,554 square feet, more or less. Section 4. 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 complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. 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 5. Definitions. A. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or transient I • ~ • residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075 A-G governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. SECTION 6. DEVELOPMENT PLAN. A. The development plan for SDD 14 is approved and shall constitute the plan for development within the special development district. The development plan is comprised of those plans submitted by Pellecchia Olson Architects as dated as follows: 1. Site and landscape plans by Pellecchia Olson Architects dated January 8, 1990. 2. Floor plans and parking plans by Pellecchia Olson Architects dated January 8, 1990. 3. Elevations and sections by Pellecchia Olson Architects dated January 8, 1990. 4. The Environmental Impact Report dated January, 1986 as prepared by Berridge and Associates, Inc. B. The Development Plan shall adhere to the fallowing: Setbacks Setbacks shall be noted as nn the site plan listed above. Heic-ht 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 site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. PARKING AND LOADING Parking and loading shall be provided as indicated on the site plan and floor plans as listed above. Tn nv case shall the parking provided on site be less than 1.84 spaces, and there shall be nv less than 68 spaces available to the Doubletree, its designated employees and guests in the Vail Valley Medical Center parking structure. These 68 spaces shall be available to the Doubletree from the hours of 5:30 pm to 6:00 am. SECTION 7. DENSITY. Existing development on the site consists of 128 accommodation units and 19 dwelling units consisting of 73,577 square feet of grass residential floor area. The approval of this development plan shall permit an additional 62 accommodation units ar transient residential units and 5 dwelling units, consisting of 33,450 square feet of gross residential floor area. The total density permitted with the approval of this development plan consists of 190 accommodation units (62 of which may be transient residential units) and 24 dwelling units with a total of 107,027 square feet of gross residential floor area. ALSO, a SPA FACILITY OF APPROXIMATELY 18,000 SQUARE FEET SHALL BE ALLOWED. SECTION 8. USES. Permitted, conditional and accessory uses shall be as set forth in the High Density Multiple Family zone district. In addition to these uses, Transient Residential Units shall be allowed as a permitted use. SPA FACILITIES SHALL BE ALLOWED AS AN ACCESSORY RECREATIONAL U5E TO A LODGE AS PER THE HDMF ZONE DISTRICT. .. ~• ~ ~ ~~ Section 9. Amendments. Amendments to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the Vail Municipal Cade. Section 10. Conditions of Approvals far Special Development District 14. A. The development contained within SDD 14 shall not be converted to any farm of time share ownership. 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, Condominium Conversion, of the Vail Municipal Code. Notwithstanding the foregoing, the restrictions set forth in Section 17.26.075 of the Municipal Code of the Town of Vail shall not apply to the dwelling units during any period during which they are awned by any individual who is also an owner of the Doubletree Hotel. B. The 62 additional accommodation units permitted with the approval of SDD 14 shall be developed as lodge rooms under a single ownership. Any proposal to candominiumize the accommodation units would require approval in acordance with the Subdivision Regulations of the Tawn of Vail. C. Prior to the issuance of a building permit, the applicant shall submit to the building department all required approvals from the state Highway Department for changes to access off the South Frontage Road. Prior to the issuance of a temporary certificate of occupancy for residential units constructed on site after the effective date of this ordinance all improvements required by the State Highway Department access permit shall be completed. ~~ . ! • ~ D. Prior to the issuance of a building permit far the construction of any improvement in SDD 14 the owner, or owners of SD^ 14 shall provide to the Town of Vail a copy of an agreement between the Vail Valley Medical Center and Vail Holdings, Ltd. allowing the Doubletree Hotel, its designated employees or guests the right to use a minimum of 68 parking spaces in the Vail Valley Medical Center structure from the hours of 5:30 pm to 6:00 am. This parking agreement must be in a form that may not be amended or terminated without the approval of the Town of Vail. section i1. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision sha11 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 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 13. The repeal or the repeal and re-enactment 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 prasecutinn commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed and reenacted. The repeal of any provision hereby sha11 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS loth DAY pF January , 1990 at 7:30 pm in the Council Chambers of the Vail Municipal Building in Vail, Colorado. Ordered published in full this ibth d-a/y~~of Januarv , 1990. _ ~~ Kent R. Rose, Mayor ATTES`1' Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only THIS 5th DAY OF Februarv , 1990. AT^t EST ~~y~.vr~I,v~Q, ~i~u-~im+,~.~-J Pamela A. 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