HomeMy WebLinkAbout1997-10 Amending Ordinance No. 7, Series 1995; An Ordinance Amending Special Development District No. 5 to Remove Language Requiring Recreational Amenities to be Tennis Facilitiesi ! ~
ORDINANCE NO. 10
Series of 1997
AN ORDINANCE AMENDING ORDINANCE NO. 7, SERIES OF 1995; AN ORDINANCE
AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 5 TO REMOVE LANGUAGE
REQUIRING RECREATIONAL AMENITIES TO BE TENNIS FACILITIES AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipa! Code authorizes special development
districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, an application has been made for the amendment of Special Development
District (SDD} No. 5 for a certain parcel of property within the Town, IegaAy describede
+.~~~.~.~ C..":~." ", as Lots 6, 7, 8, 9, 10T .arid 1 ~ ,.:'.Black C, Lion's Ridge S~ibdivision and
commonly referred to as the 5imba RunNail Run Special Development District; and
WHEREAS, in accordance with Section 18,66.140, the Planning and Environmental
Commission, on April 28, 1997, held a public hearing on the amended SDD, and has submitted
its recommendation to the Town Council; and
WHEREAS, al! notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and. visitors to amend SDD No. 5 to allow
additions! recreation amenities other than tennis facilities; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail.
NOW, THEREFORE, BE !T ORDAINED BY THE TOWN COUNGIL OF THE TOWN OF
VAIL, COLORADO, THAT:
[Note: Text which isR is being deleted and text which is s~a~le~ is being added.]
SECTION 1
The Town Council finds that all the procedures set forth for Special Development
Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
SECTION 2 _ Purposes.
Special Development District No. 5 is established to ensure comprehensive
development and use of an area in a manner that will be harmonious with the general character
of the Town, provide adequate open space and recreational amenities, and promote the
objectives of the Zoning ordinance. The development is regarded as complementary to the
Town by the Town Council and the Planning and Environmental Commission, and there are
1 Ordinance No.10, Series of 1997
significant aspects of the special development which cannot be satisfied through the imposition
of standard zoning districts on the area.
SECTION 3 -Special Development District No. 5 Established.
{A) Special Develapmen# District Na. 5 is established for the development on a
parcel of land comprising 8.84 acres in the Lionsridge area of the Town; Special Development
district No. 5 and said 8.84 acres may be r-eferred to as "SDD No. 5".
(B} The Vail Run building, consisting afi 55 dwelling units, approximately 18,000
square feet of commercial space, and;reareatiotiat amenities;.. a-sv~+~rir;g pse~wrd :hrac .cr~is
eett~s, shalt be known as Development Area A. The remainder of the property containing
approximately t3.3 acres shall be described as Development Area B (Bimbo Run and Savoy
Villas}.
SECTION 4 -Approval of the Development Plan Required Prior to Development.
(A) Before the developer commences site preparation, building construction, yr other
improvement of open space within SDD No. 5, there shall be an Approved Development Plan
for said district.
(B} The proposed deve{opment plan for SDD No. 5, in accordance with Section 4
hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to the
Planning and Environmental Commission, which shall consider the plan at a regularly
scheduled meeting, and a report of the Planning and Environmental Commission stating its
findings and recommendations shall be transmitted to the Town Council in accordance with the
applicable provisions of Section 18.66 of the Municipal Code.
{C) The Approved Development Plan shall be used as the principal guide for all
development within 5DD No. 5.
(D) Amendments to the Approved Development Plan shall conform with Chapter
18.40.'! 00 of the Municipal Cvde.
(E) Each phase of the development shall require the prior approval of the Design
Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal
Code.
SECTION 5 -Content of Proposed Development Plan.
The Proposed Development Plan shall include, but is not limited to the following data:
(A) An Environmental Impact Report, which shall be submitted to the Zoning
Adminis#ratar in accordance with Chapter 18.56 of the Municipal Code.
2 Ordinance No,~O, Series o~ 1997
• ! ~'
(B} An apes space and recreational plan sufficient to meet the demands generated
by the development without undue burden an available or prapased public facilities.
(C} Existing and proposed contours after grading and site development having
contour intervals of not more than two (2) feet.
{D) A proposed site plan, at a scale not smaller than 1 inch = 20 feet, showing the
locations and dimensions of all buildings and structures, uses therein, and all principal site
development features, such as landscaped areas, recreational facilities, pedestrian plazas and
walkways, service entries, driveways, and off-street parking and loading areas.
{E) A landscape plan, at a scale not smaller than 1 inch = 20 feet, showing existing
landscape features to be retained ar removed, and showing proposed landscaping and
landscaped site development features, such as outdoor recreational facilities, bicycle paths,
trails, pedestrian plazas and walkways, water features, and other elements.
(F) Building elevations, sections, and floor plans, a# a scale not smaller than 118 inch
1 foot, in sufficient detail to determine floor area, gross residential floor area, interior
circulation, locations a# uses within buildings, and the general scale and appearance of the
proposed development.
(G) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a
proposed program for satisfying traffic and transportation needs generated by the development.
(H) A volumetric model of the site and the prapased development, portraying the
scale and relationships of the prapased development to the site illustrating the farm and mass
of the prapased buildings.
{1) An architectural model of each proposed building, at a scale not smaller than 1
inch = 40 feet, portraying design details.
(J) A proposed program indica#ing order and timing of construction phases and
phasing of recreational amenities and additianaf amenities.
SECTION 6 -Permitted Conditions! and Accessory Uses.
(A) In Development Area A -Vail Run, the following uses shall be permitted:
(1) Multiple family residers#iai dwellings;
{2) Accessory retail, restaurant and service establishments not occupying
more than 18,000 square feet including the following:
Apparel Stores
Art supply stores and galleries
3 Ordinance No. 10, Series of 1997
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Book stores
Camera stores and photographic studios
Candy stores
Chinaware and glassware stores
Specialty food stores
Florists
Gift stores
HObby StOreS
Jewelry stores
Leather goods stores
Liquor stores
Newsstands and tobacco stores
Professional and business offices
Sporting goods stares
Stationery stares
Toy stores
Variety s#ores
I
Barber shops
Beauty shops
Travel and ticket agencies
Delicatessens with food service
Cocktail lounges, taverns and bars
Gaffes shops
Fountains and sandwich shops
Restaurants
Additional businesses or services determined by the zoning administrator to be
similar to permitted uses.
{B) In Development Area B - Simba Run and Savoy Villas, the following uses shall
be permitted:
(1) Multiple family residential dwellings which may be candominiumized far
sale as interval ownership fee interests and the employee housing units required
according to Section (9c), which shall be rental units.
i
4 Ordinance No.1~, Series of 1997
(C) in Development Areas A and gthe fiollowing conditional uses shall be permitted,
subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter
18.60 of the municipal code:
(1) Public utility and public service uses;
{2) Public buildings, grounds, and facilities;
(3) Public or private schools;
(4) Public park and recreation facilities;
(5) Meeting rooms.
{D} In Development Areas A and B the following accessory uses shall be permitted:
(1) Indoor and outdoor recreational facilities, including, but not limited ta,
swimming pools, tennis courts, handball and squash courts, and ski simulators.
. ~ -cI €cr+li#~es- Similar recreational..facilities shall #~
determined by Town of Vail--staff as a rriiraor:amendment Lathe SDD,
{l) Home occupations, subject to issuance of a Home Occupation Permit in
accord with the provisions of Section 18.58.'130 of the municipal code.
(3) Other uses customarily incidenta{ and accessory to permitted or
conditional uses, and necessary for the operation thereof.
SECTION 7 -Development Standards.
The following development standards have been submitted to the Planning and
Environmental Commission for its consideration and recommendations and are hereby
approved by the Town Council; these standards shaft be incorporated in the Approved
Development Plan pertinent to each Development Area to protect the integrity of the
development of SDD No. 5; the following are the minimum development standards and shall
apply unless mare restrictive standards are incorporated in the Approved Development Plan.
Development Area A may be modified provided that no such modification shall increase the
discrepancy between the structure or site improvements and the development standards set
forth in this Ordinance.
{A) Lot Area -Development Area B shall consist of approximately 6.3 acres.
(B} Setbacks -The required setbacks steal! be as indicated on the Approved
Development Plan, being a minimum of 20 #eet from any perimeter property line of the total site.
(C) Distance Between Buildings T The minimum distances between all buildings on
the site shall be as indicated on the Approved Development Plan.
Ordinance No.1D, Series of 1997
{D) hleight -The maximum height'~f all bui(dirlgs shall be 45 feet, with the exception
of the buildings located in Phase Il of Development Area B, which shall have a maximum height
as indicated on the Approved Development Plan.
(E) Density Control -The floor area of all buildings and the number of dwelling units
shall not exceed the following provisions:
Dev. Dev.
Area A Area R_ Total SDD No. 5
Maximum gross residential floor
area (sq, ft.}
Interval Ownership Units 43,000 126,309 169,309
Maximum gross residential floor area
Employee Dwelling Units (sq. ft.) 0 4,955 4,955
Maximum number of dwelling
units, not including the employee
dwelling units 55 110 65
Maximum number of employee
dwelling units 0 ~ 7
Upon the approval of-times Ordinance 7, Series of 1995 and' arrtendrri~r~ts thet'~~fter,
there will be no remaining dwellings units, Employee Housing Units or available GRFA
far any portion of this SDD.
{F} Building Bulk Control -Building bulk, maximum wall lengths, maximum
dimensions of building groups, and requirements far wall off-sets, shalt be as indicated on the
Approved Development Plan.
(G) Site Coverage -Nat mare than 20 per cent of the Development Area B shall be
covered by buildings, with the exception of Phase it of Development Area B, which shall be as
designated an the Approved Development Plan.
(H) t_andscaping and Natural Open Space - A minimum of 60 per cent of
Development Area B shall be landscaped or natural open space in accordance with the
Approved Development Plan, with the exception of Phase I) of Development Area B, which
shall be as designated on the Approved Development Plan.
6 Ordinance No.10, Series of 1.997
~ ~ i
(!) Parking and Loading -
(1) Off-street parking shali be provided in accord with Chapter 18.52 of the
municipal code; at least 85 per cent of the re uired parking shall be located within the
main building or buildings, or beneath accessory decks, terraces, plazas, or tennis
courts and shall be completely enclosed and screened from view, with the exception of
Phase li of Development Area B, which shall be as designated on the Approved
Development Plan.
(2) No parking or loading area shah be located in any required front setback
area or an the south side of any building, and no parking or loading shall be permitted at
any time in areas designated for recreation or open space use on the Approved
Development Plan.
(3) Driveways, passenger loading areas, and parking areas not located
within a building shall be permitted only as indicated on the Approved Development
Plan.
(4) 4n-site parking shat! be provided for common carriers providing charter
service to the development; said parking sites shall be indicated on the Approved
Development Plan.
{J} The Approved Development Plan for Phase I! of Development Area B shall
consist of the fallowing drawings provided by Morten Architects:
• Sheet No. A1.2, dated April 4, 1994, and revised January 16, 1995 (Grading
Plan)
• Sheet No, A1.2a, dated April 4, 1994, and revised January 16, 1995 (Driveway
option plan #1 }
• Sheet No. A1.Zb, dated April 4, 1994, and revised January 16, 1995, (Driveway
option plan #2).
• Shee# No. A1.2c, dated April 4, 1995, and revised January 16, 1995, (Grading
Plan with pedestrian path options)
• Sheet A1~.3, dated Aprii 12, 1995, and revised May 13, 1993, June 14, 1993 and
January 16, ~ 995 (Vicinity PIanlSite Section}
• Sheet No.'s A2.1, A2.2 and A2.3 dated January 16, 1995 (Floor Plans for
Building Five}
r Sheet No. A2.4, dated January 1S, 1995 (Elevations for Building Five).
7 Ordinance No.10, Series of 1.997
i ~ ~
• .Sheet No's. A3.1 and A3.2, d~t'~d January 16, 1995 (Floor plans for building six)
• Sheet No. A3.3 dated February 3, 1995, (Elevations for building six)
• Sheet No. L.1, dated June 16, 1995 (Landscape Plan)
SECTION 8 -Recreational Amenities Tax.
The recreational amenities tax due to the development within SDD No. 5, shall be
assessed at a rate not to exceed $D.75 per_ square foot of floor area and shall be paid in
conjunction wi#h construction phases and prior to the issuance of a building permit.
SECTION 9 -Special Provisions.
{A} Conserva#ion and Pollution Controls.
{1) All solid fuel burning devices shall conform with the Town of Vail
Fireplace Ordinance (Ordinance Na. 21, Series of 1991} and as amended in the future.
The basic criteria as presently iden#ified in the Ordinance are as follows:
a} Construction of open hearth wood burning fireplaces is not permit#ed
within the Town.
b} Dwelling units may contain:
i) One {1) EPA Phase II certified solid fuel burning device and no
more than two {2) gas appliances (B vent);
oR
ii} Twa (2) gas !og fireplaces and no more than two (2} gas
appliances (B vent}.
(2} If solid fuel burning devices are provided within the development, they
must be heat efficien# through the use of glass enclosures, and heat circulating devices
as technology exists at the time of development.
(3} The Developer's drainage plan shat! include provisions for prevention of
pollution from surface run-off.
(4) The Developer shall include in the building construction in Development
Area B energy and water conservation controls as general technology exists at the time
of construction.
(B) Phase Il of Development Area B shall include two (2} employee housing units,
and said housing units shall satisfy the requirements of a "Type III EHU" according to the
Town's adopted housing ordinance (Ordinance 27, Series of 1992). Additionally, five (5} of the
existing six employee housing units (numbers 1201, 2205, 2247, 24fl1, and 2402, as identified
8 Ordinance E~To.3Q, Series of 3997
on the Simba Run Condominium Map) shali~permanently deed restricted according to the
requirements of a "Type 111 EHU" as specified in the Town of Vail's housing ordinance
(Ordinance 27, Series of 1992). The remaining employee housing unit (number 1205,) shall
become a "free-market" dwelling unit upon such time as the above seven (7) permanently
restricted employee housing units meet the restrictions as indicated in the Town of Vail's
hauling ordinance and have been issued Temporary Certificates of Occupancy.
(C) Approval of Subdivision and Interval Qwnership -Interval ownership of muitipfe-
family dwelling units, with the exception of the required employee dwelling units and the
dwelling units in Phase II of Development Area B, is hereby approved. Subdivision of the
multiple-family dwelling units (not designated for employee housing) permitted in Development
Area B into interval ownership fee interests shall require no additional approvals from the Town
of Vail Planning and Environmental Commission or from the Town Council for the Town of Vail.
{D) Recreational Amenities -The Approved Development Plan shall include the
fallowing recreational amenities:
{1) fi~,•s addtt~a::sl te~tt;,' ..c:~~ ::, (^se~e+epr•~crt ,~~
;, :} .k...V. ,. ,.., da~; iry :i :4`tiyr~:.r scacet~
~ 3i,~11 1~.: F~~yd~ r:~a~ke-~:. l:t:c y~,erz„1 pu~,~e-at~~. €ce ba-c:c, sheet
~-r~easarta~ie rEge~:i~~, i- #uv~ers c, g~res}s a` ~`•s-de~tele~r~-t.
{1) Four tennis courts are required ir~:SDD #5: '"Development A is requiced
two tennis courts. The existing covering over;those tennis courts in Development Area
A shall be considered a recreational structureas defiired by the fV1>rm~cipal Gocie;
allowable year-round. Development Area B is'required two tennis courts;
These tennis courts may be converted to ot#~er recreational uses as ertiamerat+ad
as accessory uses herein. Any changes to non-eraurnerated `.recreational uses" will be
evaluated by the Tawn of Vail staff as a mmar-amendment to the SflD and be subject to
the 9 SDD review criteria contained in Chapter:18:4"O;of the Munic[pal Code:
Said tennis cpurts or any sulasequent recreat~anal use shall be made .arrailable to
the general public an a fee basis; subject to reasonable r~~ulation: in favor of nvuners or
guests of the development.
{2} Recreation amenities fund contribution of $10,000 to be used for general
recreational improvements by the Town of Vail.
(3) Bike and pedestrian path traversing property from east property line of
9 Ordinance Na.10, Series of 1997
Development Area A to west site Line of Development Area B shall be provided by
developer with exact location to be mutually acceptable to developer and the Town.
{~} ~ iEn t:, the c~~ p3c1 ir, Dir. ~'..,1) :~
9d~.qu3t=e st~~'c re: ~-se~~ ; .~... .,~,....€ :'.c dc:~e~te~rt-c..~~ ~~:al! !~s cue
s;s 3arjEC` `~ ""~ c~ulatierrrirr#e~rc: ~-ewn~rs ~-guests-af
~~'
(4) Twa swimming pools-are ~e;qulrecf in 5DC7 #5. One swim{~~~~,y pool is
required for Development Area A;ahd:one swimming peal is required far Developmeit
Area B. These swimming pools shall be of adequate size to r~~„~nably serve the n~ed~
of the development and shall be open to the public on a fee basis subject to reasonab#e
regulation in favor of owners or gusts of the development.:
(E) Additional Amenities -
{1) The Developer shall provide adequate transpor#ation services to the
owners-and guests of the development so as to transport them from the
development to the Village Core area and the Lianshead area.
(2) The Developer shall provide in its Approved Development Plan a bus
shelter of a design and location mutually agreeable to the developer and the
Town Council. Said shelter to serve the Lionsridge area generally.
{l=} Additional Requirements -
The developer agrees with the following requirements, which are a part of this amendment to
Special Development Dis#rict No. 5:
{1} The Town shall not issue a Temporary Certificate of Occupancy far any
unit in Building #3 (according to the Savoy Villas phasing plan) until such time as deed
restrictions have been executed for units 1201, 2205, 22D7, 2401 and 2402 in the Simba
Run Building as Type III EHU's. Additionally, the Town shall not issue a Temporary
Certificate of Occupancy for any unit in Building #4 or building #5 (according to the
Savoy Villas phasing plan) until such time as Temporary Certificates of Occupancy and
deed restrictions have been issued for both of the "Type III" EHU units in Building #5.
(2) The applicant agrees to permanently restrict the seven employee housing
units as "Type 11P' 1=HU's, according to the Town's adopted housing ordinance.
(3) The applicant agrees that if they are unable to obtain the permission
necessary to locate the bike path on the western portion of the Simba Run property,
~~ Ordinance No,1D, Series o~ 1997
they will go back to the Design Review Board with an amended site plan which shows
the triplex building being relocated approximately 10 feet to the west, in artier to allow
the bike path to continue in a southerly direction through the property un#il it connects
with the existing bike path adjacen# to the North i=rontage Road. frregardiess of the
ultimate location of the bike path, the applicant agrees to construct and maintain a public
pedestrian path through the property (north to south} and will arrange for the grant of a
public access easement to the Town of Vail prior #o the Town's issuance of any TCO for
any of the Phase fl condominiums {according to the Savoy Villas phasing plan}.
{~) The applicant shall obtain a Colorado Department of Transportation
access permit far the proposed triplex driveway prior to the Town's issuance of any
building or grading permi#s for the three townhomes located on the lower bench of the
development.
(~) The applicant shall add additional landscape plantings subject to the
review and approval of the Design Review Board.
{6) The applicant shall grant the Town of Vail a drainage easement through
the property, to provide for the existing drainage flow which currently enters the si#e
between the proposed employee housing building and the eastern condominium
building on the upper bench. The developer shall provide this easement to the
Community Development Department for approval before the Town will release any
Temporary Certificate of Occupancy for units in the Phase II Condominiums (according
to the Savoy Villas phasing plan).
{7} The applican# shall provide a bike path easement for any portion of the
existing bike path located upon the applicant's property. The easement shall be
submitted to the Community Development Department by the developer and executed
before the Town will release any Temporary Certificate of Occupancy far units in the
Phase 11 Condominiums {according to the Savoy Villas phasing plan).
{8) The rockfall hazard report provided by the applicant's geologist in
conjunction with the 1993 approved development plan, must be amended to identify any
additional mitigation necessary as a result of the amendments proposed in the 1995
plan, prior to the Town's issuance of any building permits for the project.
11 Ordinance No.10, Series of 1997
~~
(9) Prior to the issuance of a building permit for the three townhouse units,
the applicant will receive final approval from the Town of Vail Engineer regarding the
driveway relocation plans.
{10) Prior to the release of any Temporary Certil'fcate of Occupancy for units
in the Phase II Condominiums (according to the Savoy Villas phasing plan) the applicant
agrees to provide a 10' wide public access easement across the property, parallel with
the southern property line,
SECTION 10
If any part, section, subsection, sentence, clause, ar 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 #hat any one or more parts, sections, subsections, sentences,
clauses, or phrases be declared invalid.
SECTION 11
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of tt~e Tawn ofi Vail and its inhabitants
thereof.
SECTION 12
The repeal or the repeal and reenactment of any provision of the Vaif 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 prosecution commenced, nor any
other action ar proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall no# revive any provisions or
any ordinance previously repealed or superseded unless stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this 6th day of May, 1997. A public hearing an this ordinance
12 Ordinance No. 10, Series of 1997
shall be held at the regular meeting of the To~Council of the Town of Vail Colorado on
, the
20th day of May, 1997, in the Municipal Building of the Town.
.~
Robert W. Armour, Mayor
ATTEST:
~1L~f1J~,®"7L
Holly cCutcheon, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IN FULL) (BY TITLE ONLY} TH1S 2QTH DAY OF MAY, 1997.
Ro ert W. Armour, Mayor
ATTEST:
Holly cCutcheon, Town Clerk -
13 Ordinance No,lo, Series of 1997