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2003-32• • ~ ORDINANCE N0.32 Series of 2003 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT D{STRICT NO. 6, VAIL VILLAGE INN, PHASE 1, TO ALLOW FOR MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT ABOVE THE RESTAURANT, AND' 3c i ~ LNG FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on June 9, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Design Review Board of the Town of Vail held a public hearing on July 15, 2003, to consider the related design review application in accordance with the provisions of the Town Code of the Town of Vail and voted unanimously to approve the application; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, Vail Village Inn, Phase 1, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and Ordinance No. 32, Series 2003 • • • WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 32, Series of 2003, is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Chapter 12-9A-10 of the Vail Town Code. The "underlying" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) zone district. Section 2. Establishment Procedures Fulfilled. Planninq Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Ordinance No. 32, Series 2003 2 • • • Development District No. 6, Vail Village inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards. Sc~ecial Development No. 6 Vail Village Inn, Phase 1 Development Plan - The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated May 27, 2003, and stamped approved by the Town of Vail, dated June 9, 2003: a. A200. Lower Level Plan b. A201. Levels 1 & 2, Floor Plan c. A202. Level 3 Floor Plan d. A203. Levels 4 & 5 Floor Plan e. A204. Roof Plan f. A301. North & South Building Elevations g. A302. East & West Building Elevations h. A401. Longitudinal Building Sections Density-Number of Units - The number of units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall Ordinance No. 32, Series 2003 3 r~ ~ ~~ not exceed the following: Dwelling Units - 2 Density -Gross Residential Floor Area The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA - 6,100 Square Feet Density -Commercial Floor Area - The total commercial square footage units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall not exceed the following: Commercial Square Footage -15,430 Square Feet Parkins and Loading - The total number of parking spaces required, in Special Development District No. 6, Vail Village Inn, Phase 1, shall include two deed restricted parking spaces located within Special Development District No. 6 for the new residential dwelling unit. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shat! not effect 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 6. The amendment of any provision of the Town 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 or proceeding as Ordinance No. 32, Series 2003 4 k• l~ (~ (!• commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, AND APPROVED this 2"d day of December, 2003 and a public hearing for second reading on this Ordinance set for the 16th day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ^~~ a4 ~~ ~~~a S~.AI- C Attest: ~~ Lo lei I~onaldson,~Town Clerk 1 Rodney Slifer, Ma r READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2003 ATTEST: ~~~~:: Y` ;~. a ~~ ~:'~.1 ~l . p.. or ei Do~aldson, T wn Clerk O finance No. 32, Series 2003 rj Rod Slifer, Mayor (/