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HomeMy WebLinkAbout1996-17 Providing for the Major Amendment of SDD No. 21, Vail Gateway; Amending an Approved Development Plan for SDD No. 21 in Accordance with Chapter 18.40 of the Vail Municipal Code;.+ 1~ ORDTNANCC 17, Series of 1196 AN ORDINANCE PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 21 IN ACCORDANCE WITH CHAPTER 18.40 OF THE OF THE VAIL MUNICIPAL CODE; LOCATED AT 12 VAIL ROADIA PORTION OF LOT N, AND A PORTION OF LOT O, BLOGK 5D, VAIL VILLAGE 1ST FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development ^istricts within the Tawn in order to encourage flexibility in the development of land; and WHEREAS, Special Development District No. 21 was established by the Town Council on 2nd Reading of Ordinance No. 9, Series '1988. WHEREAS, the developer and a `licant, Vail Apartments, Inc., has submitted an application for a major Special Development District amendment for a certain parcel of property within the Town, Known as the Vail Gateway Building, and as Special Development District No. 21; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on August 26, 1996, held a public hearing on the major amendment of an SDD and has submittedtts recommendation of approval to the Tawn Council; and WHEREAS, all notices as required by Section 18.66.080 of the Vail Municipal Code, have been sent to the appropriate parties; and WHEREAS, the major amendment to the approved development plan has been reviewed pursuant to Section 18.40.100 of the Town of Vail Municipal Code; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Cade of the Tawn of Vail; and WHEREAS, the Tawn Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend the originally approved Special Development District No. 21. NOW, THEREFORE, 8E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO), THAT: Section 1. Amendment procedures fulfilled. Planning and Environmental Commission Report. The review procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled and the Town Council has received the report of the Planning and Environmental Ordinance No. 17, Series of 1996 i Commission recommending approval of the proposed amendment to the development plan for Special Development District Na. 21. Section 2. Special Development District No. 21 and the amended development plan therefore, are hereby approved for the redevelopment for the expansion of Gross Residential Floor Area in Unit No. 5, Vail Gateway Condominiums. SeGtlon ~, PLIrg05e Special Development Districk No. 21 is intended to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and mee#s the Design Standards as set forth in Section 18,40 of the Municipal Code. As stated in the staff memorandum dated August 28, 1996, the major SDD amendment request is in compliance with the goals and objectives of the Vail Comprehensive Plan, as well as the purpose section of the SDD Overlay Zane District. SDD No. 21 provides an appropriate development plan that maintains the unique character of this site and the surrounding area without negatively impacting existing or potential uses in khe area. Section 4. The Town Council finds that the amended development plan far Special Development District No. 21 meets each of the standards set forth in Section 18.40.080 of the Municipa! Cade of the Town of Vail. In accordance with Section 18.40.040, the amended development plan far Special Development District No. 21 is approved and Special Developmen# District No. 21 is hereby approved for the property described in the attached Exhibit A. The amended development plan is comprised with those plans submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following documents: 1. Site plan, dated March 28, 1988 2. Floor plans, da#ed March 28, 1988 and revised (partial) plans dated February 28, 1996. 3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28, 1996. 4. landscape plan dated March 28, 1988 5. Special Development District application and Environmental Impact report as prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March 9, 1988, 2 Ordinance No. 17, Series of 1396 i • Section 5. Aragroved Develontnent Standards The development standards for Special Development District No. 21 are approved by the Town Council as part of the approved development plan as follows: A. Setbacks -Setbacks shall be as indicated on the site plan set forth in Section 4 of this Ordinance. B. Building heights shall be as indica#ed on the elevations and roof plan set forth in Section 4 of this Ordinance, C. Site Coverage -Site coverage shall be as indicated an the site plan se# forth in Section 4 of this Ordinance. D. Landscaping -The area of the site to be landscaped shall be as generally indicated on the preliminary landscape plan set forth in Section 4 of this Ordinance. E. Parking -Parking demands of this development shall be in accordance with the developer's proposal #o provide 95 parking spaces. F. Density -The density allowed in Special Development District No. 21 shall be 7 dwelling units consisting of not more than a total of 12,815 sq. ft. of GRFA. Section B. The uses of Special Development Distric# No. 21 are uses permitted by right, conditional uses or accessory uses in the Commercial Core l Zone District. The permitted uses in the Special Development District shall be the same as those uses permitted in the Commercia! Core I Zone District. Conditional uses in the Special Development District shah be the same as the conditional uses listed in the Commercial Core I Zone District, and accessory uses in the Special Development Dis#rict shall be the same as the accessory uses listed in the Commerdaf Core i Zone District. Section 7. 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 18.66.060. Amendments which do change the substance of the development plan shall be approved in accordance with Sections 18.66.110 through 18,56.160. The Community Development Department shall be solely responsible far determining what constitutes a change in the substance of the development plan. An application for an amendment to the Special Development District which changes the substance of the development plan shall comply with requirements of Section 18.40.030 except that the Community Development Department shall determine which property in the Special Development District is being directly affected by such amendment and the consent of only those owners of said property sha11 be required to be included in the application. Ordinance No. 17, Series of 199fi Section 8. 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 Tawn 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 9. 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 1Q, The repeal or the repeal and reenactment of any provision of the Municipal Cads of the Town of Vaii 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 proceedings as commenced under or by virkue of the provision repealed ar repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly sta#ed herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE iN FULL ON F1RST READING this 5th day of November, 1996, and a public hearing shall be held on this Ordinance on the 19th day of November, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~~"~ Robert IIV. Armour, Mayor i T:yy ~~ /~G~ Holly McCutcheon, Tawn Clerk drdinance No. 17, Series of 1996 • INTRODUCED, READ, ADOPTED AN CTED ON SECOND READING AND ORDERED PUBLISHED (1N PULL) ~Y T1TLE ONLY TH1S 19th DAY OF NOVEMBER, 1996. Robert W. Armour, Mayor T: ~~ Holly McCutcheon, Town Clerk Ordinance No. 17, Series of 1996 ~ ~ ~ EXHIBIT A VAIL GATEWAY BUILDING, 12 VAIL ROAD AND MORE SRECIf=fCALLY DESCRIBED AS hOLLOVVS: A PORTION OF LOT N, AND A PORTION OF LOT O, BLOCK 5D, VAfI_ VILLAGE 1ST FILING. ~ Ordinance No. 17, Series of 1996 ~~ ~y5••,..... ~~' •a • .:'~ 9 ~O•~~ • c o.c a ~•~ ~ .. y,z ~~~ •~ 3 _ . 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