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HomeMy WebLinkAbout2007-40 Amending and Reestablishing the Approved Development Plan for SDD No. 17, Rams-Horn Lodge Condominiums, in Accordance with Section 12-9A-10 of the Vail Municipal Code to Allow for the Redevelopment of the Rams-Horn Lodge Condominiums ORDINANCE NO. 40 SERIES OF 2007 AN ORDINANCE AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR SDD NO. 17, RAMS-HORN LODGE CONDOMINIUMS, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE RE-DEVELOPMENT OF THE RAMS-HORN LODGE CONDOMINIUMS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish the Development Plan for the "Rams-Horn Lodge Condominiums", located within certain parcels of property with the Town known as Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5'n Filing and part of vacated Hanson Ranch Road right-of-way known as Parcel RH, to allow for the construction of the proposed addition and remodel to the existing property; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the Town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the Developer agrees to complete certain off-site improvements as public benefits including, but not limited to, a paved sidewalk connection and associated streetscape and landscape improvements generally along the east side of Vail Valley Drive; and WHEREAS, the Developer agrees to prepare a Rams-Horn Lodae Condominiums Art in Public Places Plan, inclusive of details for public art to be integrated into an approved site wall along the south property line of Lot A, Block 3, Vail Village 5`h Filing, for input and comment by the Town of Vail Art in Public Places Board; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and Ordinance No. 40, Series of 2007 1 WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 17, "Rams-Horn Lodge Condominiums". NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Amended and Re-established Special Development District No. 17, Rams-Horn Lodge Condominiums, is established for development on three parcels of land, legally described as Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5'h Filing and part of vacated Hanson Ranch Road right-of-way known as Parcel RH, which comprise a total of 33,559 square feet (0.77 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 17". Special Development District No. 17 shall continue to be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall remain Public Accommodation (PA) District. Section 2. Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 17, Rams-Horn Lodge Condominiums, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Ordinance No. 40, Series of 2007 2 Development District No. 17, Rams-Horn Lodge Condominiums, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Fritzlen Pierce Architects, entitled "Rams-Horn Lodge", dated November 26, 2007. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 17, Rams-Horn Lodge Condominiums. The development standards for Special Development District No. 17, Rams-Horn Lodge Condominiums are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No.17, Rams- Horn Lodge Condominiums, shall be those uses listed in Sections 12-7A-2, 12-7A-3, and 12-7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall be 33,559 square feet (0.77 acres). C. Setbacks: The minimum setbacks for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall be as indicated on the Rams-Horn Lodge Condominiums Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No.17, Rams-Horn Lodge Condominiums shall be fifty-six feet (56), and as indicated on the Rams-Horn Lodge Condominiums Approved Ordinance No. 40, Series of 2007 3 Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 17, Rams-Horn Lodge Condominiums shall be 44,040 square feet, pursuant to Section 12-7-8, Density Control, Vail Town Code; and the maximum allowable density shall be sixteen (16) dwelling units, twenty-four (24) attached accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Rams-Horn Lodge Condominiums Approved Development Plan, dated November 26, 2007. F. Site Coverage: The maximum allowable site coverage shall be thirry-two percent (32%) of the total lot area, or 10,723 square feet, and as indicated on the Rams-Horn Lodge Condominium Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30%) or 10,062 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20%) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Rams-Horn Lodge Condominiums Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be thirty-seven (37) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Rams-Horn Lodge Condominium Approved Development Plan, described in Section 2 herein. Ordinance No. 40, Series of 2007 4 Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No 17, Rams-Horn Lodge Condominiums. The Developer shall address the following conditions of approval prior to submitting a building permit application (grading permit/excavation permit shall constitute a building permit): 1. The Developer shall submit a final exterior building materials list, typical wall sections, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submitting a building permit application to the Town of Vail Community Development Department. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to submitting a building permit application to the Town of Vail Community Development Department. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 3. The Developer shall submit a Construction Staging plan for Town review and approval prior to, or concurrent with, submittal of a building permit application to the Town of Vail Community Development Department. The plan will satisfactorily demonstrate compliance with any and all staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. 4. The Developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 5. The Developer shall submit a written letter of approval from the utility companies permitting encroachments into any and all platted utility easements prior to submitting a building permit application to the Community Development Department. Ordinance No. 40, Series of 2007 5 The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy: 1. The Developer shall pay in full, the employee mitigation housing fee in lieu, in the amount of $111,462 prior to the issuance of the building permit for Rams-Horn Lodge Condominiums. 2. The Developer shall provide a 5 foot-wide, non-heated concrete pedestrian walkway along the east side of Vail Valley Drive, commencing approximately at the point at which the 8,185' contour elevation mark intersects with the existing pedestrian walkway, according to the topographic survey map for Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5`h Filing, created by Intermountain Engineering, dated May 4, 2005, and as shown on sheet A100, Vicinity Map, on plans by Fritzlen Pierce Architects, dated November 26, 2007; and extending northward across that portion of vacated Hanson Ranch Road adjacent to and to the north of Lot A, Block 3, Vail Village 5th Filing, for a total distance of approximately eighty (80') feet. (All work related to providing these improvements including street lights, retaining walls, utility relocation, curb and gutter, drainage and landscaping shall be included within a plan, which is to be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit application). 3. The Developer shall submit a tree protection plan prepared by a Certified Consulting Arborist to the Design Review Board for review and approval prior to final approval by the Board of the proposed project. Upon acceptance of the tree protection by the Design Review Board, the Developer shall submit a written agreement between the applicants and their contractor, to the Town of Vail Community Development, stating that all mitigation measures recommended by the Certified Consulting Arborist will be implemented and strictly adhered to by the applicants and their contractors throughout the duration of the construction process. The written agreement shall be approved and accepted prior to the issuance of a building permit for this project. Ordinance No. 40, Series of 2007 6 4. The Developer shall address any and all written final comments of the Town of Vail Public Works Department outlined in the memorandum to Scot Hunn, dated November 19, 2007, prior to the issuance of a building permit for this project. 5. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of one (1) employee on the Rams-Horn Lodge Condominiums development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Rams-Horn Lodge Condominiums. The required Type III deed-restricted employee housing unit shall not be eligible for resale and the unit shall be owned and operated by the Lodge and said ownership shall transfer with the deed to the Lodge properry. 6. The Developer shall submit a comprehensive sign program proposal for the Rams- Horn Lodge Condominiums for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the project. 7. The Developer shall post a bond to provide financial security for 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a Temporary Certificate of Occupancy for the project. 8. The Developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy for the project. 9. The Developer shall prepare a Rams-Horn Lodae Condominiums Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a Temporary Certificate of Occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the proposed location, conceptual design, budget and funding for a Ordinance No. 40, Series of 2007 7 minimum of one (1) public art improvement to be developed in conjunction with the Rams-Horn Lodge Condominium project. 10. The Developer shall be assessed an impact fee of $26,000 for the net increase in p.m. traffic generation as determined bythe Town of Vail Public Works Department. Said impact fee shall be paid in full prior to issuance of a Temporary Certificate of Occupancy for the project. 11. That the Developer shall commence initial construction of the Rams-Horn Lodge Condominiums within three (3) years from the time of its final approval at second reading of the ordinance amending and re-establishing Special Development District No.17, and continue diligentty toward the completion of the project. If the Developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall reviewthe special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the Ordinance No. 40, Series of 2007 8 evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail 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 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 8. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2007 and a public hearing for second reading of this Ordinance set for the 8th day of January, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. / Richard 4D.levle Vd,yor ATTE T: O~Z1~4F ~ ~ . • rel Donaldson, own Clerk . . . ~'••....•••'~•SJ . COLORP Ordinance No. 40, Series of 2007 9 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2008. ~L Richard D. Cleve nd, Mayor tte~~: N r•' Lor ei Donaldson, Town Clerk . EA . s S L, . : t . . ~~ORADD Ordinance No. 40, Series of 2007 10 r 2230 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle far a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/22/2007 and that the last publication of said notice was in the issue of said newspaper dated 12/22/2007. In witness whereof has here unto set my hand this 28th day of December, 2007 li er/ e eral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 28th day ecember, 2007. ! 1 Pamela Joan Schultz ~SCyG Notary Public ~ NOTARV Q ~ N My Commission expires: November 1, 2011 N O ~A pUBLI v 1, ~`OF CO~O SS~ON EXP~P~S a . TFfIE VAIL DAlLY 970.949.0555/vaildaily.com Saturday, December 22, 2007 - Page Cl° ,a ORDINANCE NO. 40 SERIES OF 2007 AN OflDINANCE AMENUIN a AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOfl SDD NO. 77, RAMS-HORN LODGE CONDOMINIUMS, IN ACCORDANCE WRM SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE RE-DEVEL- OPMEN7 OF THE RAMS-HORN LODGE CONDOMINIUMS; AND SETTING FORTH DETAILS IN fiEGARD THERETO. WHEREAS, Section 72-9A-10 of the Zonina Regulatlons Oertnits major amendmants ro previously approved development plans for Special Development Districts; and WHEREAS, the purFose ef thls ortlinance is to amend end re-establish the Development Pian for the "Rams-Hom Lodga Contlominiums", located within certain percels ol property with the Town known es Lot A, Block 3, Vail Village Sih Filing antl paA of Trect F-t, Vail Village Sih Filing end part of vecated Hanson Ranch Roetl nghhot-way, known as Parcel RH, to allow for the construction of the proposetl addition antl remodel to the existing proper1y and WHEFEAS, the proposed mejor amentlment to the Special oevelopmant District is in the best interest o/ ihe Town as it meets the Town's development objectrves as identitietl in the Vail Comprehensive Plan; and WHEREAS, Ihe Developer agrees to wmplete cenaln oH-site improvements es public benefits inclutling, but not limitetl to, a Daved sitlewalk connection and essociatetl streetscape and lantlscape improvements generally along the east si0e of Vail Valley Orive; and WHE(7EAS, the Developer agrees to prepare a Rams-Horn Lodae Contlqmi ~ms Art in Publ'c Places Plan, inclusive of tlatalls lor public art to be inte tetl into en a commentbytheTOwnofVailArtinPUblicPlaceSBoard;antl 9re pprovetl site wall alongihesouthproper~yline WHEqEAS, in accordance with the provisions outfinetl in the Zoning Regulations, the Planning and Environmental Commission heltl a public hearing on the major amentlment apFlication and has submitted its recommendatlon oi apprrnal to the Vail Town Council; and ' HEREAS, all notices as requiretl by ihe Vall Town Cotle have been sent to the appropriate parties; antl HEREAS, the Vail Town Council considers it in the hest interest ot the public health, safety antl welfare to amend and re-establish ihe Development Plan tor Special Development Dishict No. 17, "Rams-Hom Lodge Contlominiums". W, THEREFORE, BE IT ORDAINEO BY THE TOWN COUNGL OF THE TOWN OF VA(L, COLORADO, THAT: Saction 1.Distrlct Amended and Re-establiahetl Special Development Dlsirict No. 17, Rams-HOm Lotlge Contlominiums, is es1a01ishetl for development on three parcels of land, leg ally tlescribetl as Lot A. Block 3, Vail Viilage Sih Filing and part ol Tract F-1, Vall Vlllaga Sth Filing and part of vecated Hanson Ranch Roatl ght-of-way known as Parcel RH, which comprise a total af 33,559 square feet (0.77 acres) in Ihe Vaii Village area of the Town of Vail. Saitl parceis may be referred to as "SDD No. 1T. Special Development District No. 17 shail continue to be reflectetl es such on the Offitial Zoning Map of the Town of Vail. Tha underlying zoning for SOecial Developmant District No. 17, Rams-HOrn Lodge Condominiums, shall remain Pubiic Accommotlation (PA) Disirict. Sectlon 2.Approvetl Development Plan An approved deveiopment plan is the principal document in guiding the development, uses antl activities of e special tlevelopment disbict. The Vail Town Council fintls ihat ihe Approvetl Development Plan tor Special Development District No. 17, Rams-HOm Lotlge Contlominiums, compiies with eech of the requirements set forlh in Sections 12-9A-5 antl 12-9A-6 ot the Town Cotle oi Vail. The Approved Development Plan tor Special Development Disirict No. 17, Rams-HOm Lotlqe Contlominiums, shall be comprised of materials su6mitled in eccortlance wHh Section 12-9A-5 of the Town Cotle ol Vaii entl those plans preparad by Fntzlen Pierce Architecis, entitled "Rams-Hom Lodge", tlatetl November 26, 2007. Saction 3.Oevelopment Standartls In conjunction with the Approvetl Developmant Plan tlescribed in Section 2 herein, tha following tlevetopment stantlards are hereby approvetl by the Vail Town Council. These standartls are incorporated in the Approved Development Plan to protect the integriry ot the tlevelopment of Special Development District No. 17, Rams-HOm Lodge Contlominiums. The development stantlertls for Special Development District No. 17, Rams-HOm Lodye Condominiums are described below: A.Permined. Conditional, and Accessory Uses: The permitted, conditional, antl eccessory uses allowetl in Special Development District No. 17, Rams-HOm Lotlge Contlominiums, shall be those uses listed in Sections 12-7A-2, 12-7A3, and 72-7A-4 of the Town Code of Vail, as may be ementled. 3.Lrn Area: The minimum lot area for Special Development DisMCt No. 17, Rams-HOm Lodge Condominiums, shall 6e 33,559 square leet (0 77 acres). C.Setbacks: The minimum setbacks for Special Development DiSMd No. tl, Rams-HOm Lotlge Condominiums, shall be as intlicated on the Rams-Hom Lotlge Condominiums Approvad Devebpment Plan, tlescnbetl in Section 2 herein. - D.Helght: The maximum allowable 6uiltling height for Special Development District No. 17, Rams-Nom Lotlge Contlominiums shall be fitty-six feet (58'), and as intlicetetl on the Rams-Hom Lotlge Contlominlums Approved Development Plan, describetl in Section 2 herein. E.Densiry Gontrol: The maximum allowable Gross Residentiel Floor Area (GRFA) for Special Developmant District No. 17, Rams-Horn Lotlge Condominiums shall Oe 44,040 square fset, pursuant to Section 12-7-8, Density Con[rol, Vail Town Cotle; and the maximum al- lowable densiry shall be sixteen (16) dwelling units, hvanry-four (24) attachetl accommodation units, and one (1) Type III Employee Housing Unit, and as intlicatetl on ihe Rams-HOm Lodga Contlominlums Approved Development Plan, dated Novem6er 26. 2007 F. Site Coverege: The maximum allowable site coverage shall be ihiry-iwo p0rcent (32 of the total lot area, or 10,723 square teet, and as Indicatetl on the Rams-Hom Lotlge Cor.dominium Approvetl Development Plan, tlescribed in Section 2 herein. G.Lendscaping and Site Developmant: At least thirty percent (30 or 10,062 square feet of the total bt area shall be landscaped. In no instance shall the hartlscaped areas ot the tlevelepment site ezcaetl twenry percent (20%) ol the minimum lantlscepetl area. The landscaping and site tlevelopment shall 6e as intlicated on ihe Rams-Hom Lodge Condominlums Approvetl Development Plan, tlescribetl in Section 2 hereln. H.Parking antl Loading: The minimum number ol oN-street parking spaces shall 6e thirty-saven (37) antl the minimum number of loatling and delivery bays shell be one (1), and as intlicatetl on the Rams-HOm Lotlge Contlominium Approvetl Development Plan, tlescrbed in Section 2 herein. Sectfon 4.Condillone ofota Approvel The following contlitions pproval shall become part of the Townis apProval of the establishment of Special Developmant Districf No 17, Rams-HOm Lotlge Contlominiums. The Developer shall adtlress ihe following contlitions ol approval prior to submitting a building pertnit application (greding permiVexcavation permit shall wnstiWta a builtling permit): 1.7he Developer shall submit a tinal exterior building materials Ilst, rypical wall sections, archilectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submitting a builtling permit applicalion to the Town of Vail Communiry Developmant Oepanment. 2 .7he Developer shell suhmit a rooitop mechanical equipment plan for review and approval by the Design Review Boartl prior b submitting a building permit application ro ihe Town of Vail Community Development Depanmem. All rooftop mecnanical equipment shall be corporated into ihe overall tlesign of ihe hotel and enclosetl and visually screened from puhlic view. W.The Developer shall submit e Construction Staging plan for Town review and approval prior to, or concurrent with, submittal ol a building permit application to the Town of Vail Community Development Department. The plan wili satistactorily demonstrate complianca ith any antl all staging and access requirements pursuent to Title 14, Development Stantlards, Vail Town CotlB. , 4.The Developer shall provitle tletailed civil plans, profiles, defails, limits of disturbance antl construciion tence for review antl civil approval by the Department of Public Works, prwr to su6mittal ol a building permit. S.Tha Developer shall submit a wrinen lener of approval fmm ihe utiliry companies permitling encroachments into any antl all planed utry easements prior to submining a builtling permtt application to the CommunityDevelopment Dapartment. 7heDeveloper ghall address the following contlitions oi aDProval prior to reiease of a full buildinq permit, requesting a temporary certillcate ol occupency, or a final certificata of occupancy: 11e Develop~ shall pay in tull, ihe employee mingation housing tee in lieu, In the amount of $111,462 pnor to iha issuance oi the huilding permit for Rams-Hom Lotlge Contlominiums. 2e Developer shall provide e 5 foot-wide, non-heatetl concrete petlestrian walkway along the east side of Vail Valley Drive, commencing ap0roximately at the point at which ihe 8,185' contour elevation maik intersects with the exlsting petlestrian walkway, according lo ihe tepographlc survey map for Lot A, Block 3, Vail Village Sth Fllinq antl parl ot Tract F-1, Vail Village 57h Filing, createtl by Intermountain Engineering, tlatetl May 4, 2005, antl as shown on sheet A100, Viciniry Map, on plans by Fritzlen Pierce Architecis, tlatetl November 26, 2007; and exfentling northward ecross that porticn of vacateC Hanson Ranch Roatl adjacen[ to antl to the norih ot Lot A, Block 3, Vail Village Sih Filing, for a total tlistance oi approximatDely eighty (80') feet. (All work related ro providing these improvements inclutling s;reet lights, retaining wal!5, ury relocation, curb and guner, dreinage and landscaping shall 6e inclutled within e plan, which is lo be submitted for revlew antl approval by the Town and the esig Review Baard prior to subminal of a builtling permit). 3.The Developer shall submit a tree protection plan preparetl by a Cenified Consulting Arborist to the Design Review Boartl for review and appmval prior to ~inal approval by the Board oi the proposetl projecL Upon acceptance of the tree protection by the Design Review Board, the Developer shali submit a written agreement between the appiicams antl their contracmr, to the Town of Vail Communhy Development, steting that all mrtigation measures recommended by the Cartifletl Consulting Arborist will be implemented and sirictly atlhered to by ihe applicants end iheir contractors throughout the tluration ot the construction process. The written ayreemant shall be approvetl and accepted prior to the issuance ot a builtling permit for this projecti 4.The Developer shall address eny and all wriuen final comments of the Town of Vail Public Works Depariment outlinetl in the memorendum ro Srot Hunn, datetl Novem6er 19, 2007, Orior to the issuanca ol a 6uildng permit for this project. S.The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapler 12-13) for a minimum of one ) employee on the Rams-HOm Lotlga Condominiums tlevelopment slte, and that saitl deed-res:ricted employee housing sha!I be matle avalla6le for occupancy, and ihat the deed restrictions shall be recortletl with the Eagle County Clerk 8 Recorder, prior to issuance ol a Temporary Cerlificate of Occupancy for the Rams-HOrn Lodqe Condominiums. The required Type IIi deetlrestric[ed employee housing unit shell not be eli,ible lor resale antl Ihe unit shall be owned antl operated by ihe Lodge and saitl ownership shall transfer with the deed to ihe Lotlge proDerty. 6.The Developer shall submit a comprehensive sign program proposal for tha Rams-HOm Lotlge Condominiums for review and approval by the Design Review Board, prior to the issuance of a Temporary Certi(icate oi Occupancy to~ the project. 7 The Devaloper shall post a bond to provitle financial security for the 150 % ol ihe rotal cosl ot lhe requiretl off-site public improvemenis. The bond shall be in place with the Town prior ro the issuance of a Temporary Certilicate of Occupancy for the project. B.?he Developer shall prepare and submit all applicable roatlway and drainage eesemerts for dedication to the Town for review artl approval by the Town Attomey. All easamenis shall be recorded wi:h the Eagla County Clerk and Recordaris 0(fice prior to issuance of a Temporary Certificate ol0ccupancy for the project. 9.The Doveloper shall prepare e Rams-HOm Loe Contlomin'ums Art'n Publ'c Places Plan, for idput and comment by ihe Town oi Vail Art in Public Places Board, prior to ihe request tor a Temporary Certificate of Occupancy. Subject to the above input and commen the An In Public Places Boartl, the Appllcant will work with Town Statf to tletermine the type antl location ol the art to be provitled. Said Plan shail inclutle ihe funtling for a minimum ot two separate public art improvemenis to be tleveloped in conjunction with the Rams- Ham Lodge Contlominium project. 'O.The Developer shall be assessetl an impact fee of $6,50o for ihe nei increase in p.m. traffic 9eneration as tlatermined by the Town of Vail Public Works Department, as outlinetl in the memorantlum trom the Town o/ Vail Pu01ic Works Depariment, atltlressed to Scot Hunn, antl tlatetl Novem6er 19, 2007 (attachment D of the November 26, 2007, memorantlum to the Town of Vail Planning and Environmental Commission). Said impect fee shall be paid in tull prior ro issuance ot a Temporary Certificate o/ Occupancy for the project 11 Thal the Developer shall commence initlal construction of ihe Rams-HOm Lotlge Contlominiums within three (3) years from the time of its finat approvai at second reeding of ihe ortlinance amentling and rs-establishi g Special Development District No. 17, antl contin- e diligent!y toward ;he completion of the project. It th~e Developer tloes not begin antl tliligentiy vaork towartl ihe completion of ihe special development district or any stage of the special tlevelopment disirici within ihe time limits imposetl, ihe approval of said special tlevelopment district shall be voitl. The Planning antl _nvironmental Commission and Town Counctl shall review the special tlevelopment tlistrict upon submittel of an appiication to reestablish ihe speciel tlevelopment tlistrict following the p roceduresoutl inetl in Section 12.9A-4, Vail Town Code. Section 5. It any part, sectiori, subsection senienca, clause or phrase oi ihis ordlnance is for any reason held to 6e invelid, such tlecision shall not effect the validity ol ihe remainirg portions of this ortlinance; and ihe Vail Town Council hereby declares it woultl have ssed thls ortlinaice, antl each ptrt, section, subsection, sentence, clause or phrase thereof, regardless of the fact thet any ona or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. !ion 6.The Vail Town Ccuncil hereby finds, tletarmines and deciares that this ortlinance is necessary antl proper for the healih, safery antl wellare of ihe Town of Vail and ihe inhabitants thereof. The Council's tindinq, determination and declaretion is basetl upon the :w o1 the criteria pre scribed by ihe Town Cotle of Vail antl the evidence and testimony presented in consitleration of this ortlinance. tlon 7.The amendment of any provision of the 7own Cotle oi Vail as provided in this ordinance shall not affect any right which hes accruad, any duty imposed, any violation that occurred prior ro the eflective date hereoi, any prosecution commencetl, nor any other ~on or proceetling es commenced untler or by virtue of iM1e provision amendetl. The amentlment of any provision here6y shall not revive any provision or any ordlnance previously repeeled or supersetled unless expressly statetl herein. Section B.AII byfaws, ortlers, resolutions and ordinancas, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistenty. This repealer shell not be construetl to revise any bylew, ortler, resolution or or0inance, or part thereol, thereto/ore repealed. , . INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th dey o( December, 2007 end a public hearing br second reatling oi this Ordinance set for tha Bth day of January, 2008, In the Council Chambers of the Vail Munidpal 8uiltling, Vail, Coloretlo. Richard D. Cleveiand, Mayor . ATTEST' Lorelei Donaldson, 7own Clerk Publishetl in the Vail Daily December 22, 2007. (995757) .ik ~3 as w, . ~ ~^~y . ta A" Z ~ , ; ~ ~ ` ~ ~ - O.NL NE ' . ANYTIME.' ~ y, Place your classified ad at anytime day or night, at YOUR convenience. . ~.y vaildaily.com s (click on the "Place an ad" link) `If you need special assistance, are plaang a service direcrory, display or garage sale ad or would like to run your ad in incremena other than 1, 2 or 4 weeks, please call das- sifieds at 845-9937 or e•mail your ad to dassifieds@vaildaily.com ltw v I acknowledge the accuracy of the 12.22.007 publication of Ordinance No. 40, Series of 2007. . Matt Mire, Tow Attorney ~ ~ 1 r ~Gtd11'1~~ CC7~ H4A/) SCA10C 1 ~ r e n m m = ~ m a w o m a m m c a a H_. a a m_ H a 6 ¢ I ~ L W Q m p m , 7 a v m a y m o o ~ ~`o E T A°` r m - u m rn n x n I ~ m m c o m m m , F o' ~ mF a m c? ~ ~ a rn c d ~ o` v a~ m ~ o~£°_°_ ? ~ ~ ° ~ m - c a a 9 ~ m $ ~ m m ~ 2o ° o m a v N a m _ v m a< c m c m o ° a~ 'o ~ 3~ y 'a a E m~ o° c n c v oi a t ~ rn >~n ° m n n y o E m c 'm m e ~ ~ 01 o o M. E y 5 m c m mE ~ _ c m m~ y w o~ °n ~ U c~ cc° 3 m 0728 1 `o 0 o a vm m° a_ A m`o _ `o a m o _ a E o m ~ p m ~ ~ t[ m 5 _ v.~ a o a n m a vm ~ i°~ ~ a E s ~ c a § m v o. c m m $ y a~ o ? ~ . o.~ . aa w - v o 2 ~ m c> 5 u" m u a a= v « n f E£ x E E ~ m v o in `w c ~ m ° O m 5 o, n m m 3 °n - E m r = Em m m n - g 10 o E t °°y «°m E c °n m g= ~ m E m~ a o E°- ~ E ' m a o c E ~ L 3 E. t c~ - m m mn o o v v `o n ; m t c rt v - m o c~ A m a o ~ u u o ~ v U. ~ ~ o'm Y 9 U 0 C O 0 C V ~ m ~ a o E v m x a °o `o o ~ m c'c - n~ m ~ W E m rv E ~ m c., m a H c ~ o a E V. 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E z E- m rn m' m 0° o v U r ~ O C m C 9 ~ O. 0 T ~ C o m m ~ A o' a~ 9 o m v o r A N m o t a ~ ~ d m o m a o"? - 0 c v m m a rn c~ m'o ~ m m°' i. m m a n, m° v~ 3° ~ cE m o m > 3 c m° m a ~ Z y o a a U U o I, S teve Po pe, do so lemn l y swear t hat I a m i h e P u b l i s h e r o f T h e V a i l D a i l y, t h at the same d a il y n e w s p a- - ~ a .m °i m - v " ~ O u e r ri n t e d i n w h o l e o r i n m a ~ s o~ ~ o m a- 8 a' 0 8 y o~ E ; E o§;, o" 3 r i~ „ n~~ o" v m ~ A m; b o ~ m o W o p p , p a rt a n d p u b l i s h e d i n t h e C o u n t y o f E a g l e, S t a t e o f C o l o r a d o, a n d h a s a ~ v d m~ - v = ~ ~ a 3 m~ m~ o d€ a ~ m c m~ o ~ y= m~ T C " ry a a a o a m;> a u ( 7 I j c v m^ r°m m° m° V- m° v° m F m° H a° H n~ h n'w v m m ~ m ~ t= m 3 3 o m£ m° F¢ a 0 m 5 E 5 m° I t- a 2 F> general circulation th e r e i n; t h a t s a i tl n e w s p a p e r h a s b e e n p u b l i s h e d c o n i i n u o u s l y a n d u n i n t e r r u p t e d l y i n s a i d C o u n t y o f E a g l e f o r a p e r i o d o f m o r e i h a n f i f ry- i w o c o n s e c u t i v e w e e k s nex t prior to t he firs t " M m r= r; v° ' ° ~ W H d ~ a n ~ rv v ui H n o ~ N M - y pu b lica tion o f i he annexe d lega l notice or advertisement; ihat said newspaper has been admitted to the United States mails as a periodical under ihe provisions of the Act of March 3, 1879, or any amend- ments thereot, antl that said newspaper is a daily newspaper duly qualifietl for publishing legal notices W N N h ' and advertisements within the meaning of the laws of the State of Colorado. F= m' ~ m I m m y 9 Q~ ~ OI 9 z~ F p E 5 a c> = n r' m r m c £ m z 4 m n E m a ~ rna :c K'- Z~m Z E N o m a o ~ LL¢ ~ o; m 3 v a~ a v ~ $ m i n 3 K ° m u a° E 8 ; y m o 0 ~ m v y m tn ~ m n~i m.. ¢ E 2 ~ m ~ o«~ c m x LL o That the annexed legal notice or atlvertisement was published in the regular and entire issue of every W° QZ Zw ~ ° m o W~ a V " m ~ m E ° E ~ o n> W v~ m m°= m= N~ E o e- - m 9 o ; E ~ _ a v v a ' m > - m m y a Y y o Z~ i m O m O c ` " 10 « 6 ~ ~ m m o °c rtc E , o tn c~ m ~ rv U _ ~ E >0~? 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O v 9 c o` m o r o ~ r i$ c v c c E ~'n m m 5 o W H - m ° 3 c . 0~ o > m~ n a~o O'c ~,0 ~ o a i ~ ~ y p t 2 0 m O? o r ~ S u b s c n e d a n d s w o r n t o b e f o r e m e, a n o t a ry p u b l i c i n n o r t h e C o u n t y o f E a g l e, S ta te o f Co lora do, a ~ ~ 0 y ~ N vE W o ~ a°_ ° m Z s d o o= aE 1 ^a a+ ~~S Z h d tn E m' c a 6 c d N c, E¢ m n Q ¢ r Q " Q n~ 2 0 ~ p_9 E a p a ~ o E Q m ^ - `a C L~ E ~ E i " c m p" m'E I¢m u ~ u i t i s d a y o f... ~ n p K a K~ o n' o K' o i~ a v~ a>>~ W ~w n tt m o m m 5 n O o 9 E o a~ o 0 o m° E o' o W W m o~ w a W ~ 2 w 3 0 0 ~ 0 ~ ° u 10 ~ o m i v o u ° o c m E ~ Q Z = _v n o= m 2 I ~ ° i n ° ~ m _ ° m v ° n V ' m o n L z° m_ 3 ~ ¢ rc LL o~ 3 3 m v 3- 3 a t; 3 rn° 3'~ 3 z z o m ~na~° m N o a a ~ ' o E sCy/' OZP ~ oo~ o ~ Zg~~ ~ F° E u M a aW ' v _ m _ ~ o m° c a o v a' n n 76 `V D u o > ~ OTA~~Y . ~ N r r r o PUB1J~ . . . Notary Public o FOF My Commission e p~ . , ~d?nEX ~ TNE VAIL DAILY 970.949.0555/vaildaily.com Saturday, December 22, 2007 - Page C33 ORDINANCE NO. 40 SERIES OF 2007 AN ORDINANCE AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR SDD NO. 17, RAMS-HORN LODGE CONDOMINIUMS, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE RE-DEVEL- OPMENT OF THE RAMS-HORN LODGE CONDOMINIUMS; AND SETTINC FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zonin9 Regulations permits ma or amandmenis to previously approved development plans for Special Oevelopment Dlstricts; and WHEREAS the purpose ol thls ordinance is ro amend and re-estabiish the Development Plan for the "Rams-Hom Lodge Condominiums", located withln certain parcels oi propart~he Town known as Lot A. Block 3. Vail Village Sth Filing and part of Tract F-1, Vad Village Sth Filing and vacatetl Hanson R anch d righFOt-way known as Parcel RH, to allow for ihe construction of the proposed addition and remodel ro the ezisting propert WHEREAS, the proposed part of major amendment to the Sp Fecoa ial Development District is In the best Interest of the Town as it meets the Town's development objectives as identified in the Vail Comprehansive Plan; antl WHEFEAS, the Developer ag~rees to complete cenain oH-site improvements as public benefits including; but not limited to, a paved sidewalk connection and associated streetscape and landscape improvements generally along the east side of Vall Valley Drive, and WHEI7EAS, the Devel per agrees to prepare a Rams-HOrn Lodae Condom niums Art n Publ-c PI Plan, Inclusive of details tor pu6lic art to be Integrated into an approved site wall along the south property line ces comment 6y 1he Town of Vail Art in Publw Places Board: and WHEREAS, in accordance with ihe provisions outlined in ihe Zoning Regulations, the Planning and Environmantal Commission held a public heanng on the major amendment application and has submrtted Its recommendation of approval to ihe Vail Town Council, and WHEFEAS, all notices as required by the Vail Town Code have been sent to the appropriate parties: and WHEFEAS, ihe Vail Town Council considers it in ihe besl interesl of thep blic healih fety d welfare to amend and re-eslablish the Development Plan for Special Development DISlrict No. 17, "Rams-Hom Lodge Condominiums" NOW, THEREFORE. BE IT OFDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAfL, COLORADO. THAT Seetion 1.Diahiet Amentled end Ra-estebliahsd Special Development District No. 17, Rams-HOm Lodge Condominlums, is established for development on three parcels of land, leg ally descri6etl as Lot A. Block 3, Vail Village 5th Filing and pan of Tract F-1, Vail Village Sth Filinq and part ol vacatetl Hanson Ranch Road 'ght-oi-way known as Parcel RH. whlch <omprise a mtal of 33,559 square feet (0.77 acres) in the Vail Village area of the Town of Vail, Said parcels may be referrad to as "SDD No. 17. Special Development District No, i 7 shall continue to be reflecretl as such on the OHicialZonmg Map ol ihe Town of Vail. The underlying zoning for Special Development District No. 17. Fams-Hom Lodge Condominiums, shall remain Public Accommodation (P) ) Dlstrict. Section Y.Approvad Oevelopment Plen An approved development plan is the pnncipal document In guiding the development, u es and activities of a special development district. The Vail Town Cou nc~l finds that the Approved Development Plan for Special Development District No. 17 Rams-Hom Lotlge Condominiums. c plies with each of the requirements se~ fonh in Sections 12-9A-S and 12-9A-6 of Iha Town Cotle of Vall. The Approved Development Plan for Special Development District No. 17, Rams-Hom Lodge Condominiums, ahall be comprised of marerials bmnted in accordance with SecLOn 12-9A-5 of the Town Coda of Vail antl those plans prepared hy Fritzlen Plerce Architects, entitled "Rams-Hom Lodge', dated November 26 2007, Soction 3,Developmant Stendarda In conjunction with the Approved Development Plan described in Saction 2 herein, ihe lollowing development standards are here6y approvad by the Vail Town Council. These standards are incorporated in ihe Approvad Development Plan to protect the integrity of the development ot Special Development District No. 17. Rams-HOm Lodge Condominiums. The developmeN standards for Special Development District No. 17, Rams-Horn Lodge Condominiums are descri6ed below: A.Permitled, Contlitional and Accessory Uses: The permnted, conditional. and accessory uses allowed in Special Development District No. 17 Fams-Hom Lodge Condominiums. shall be thosa uses Ilsted in Sections 12-7A-2, 12-7A-3, and 12-7A-4 of the Town Code of Vail, as may be amended. B.Lot Area. The minimum lot area for Special Development District No 17 Rams-Hom Lodqe Condominiums, shall be 33,559 square feet (0.77 acres). C.SetbacksThe minimum setbacks lor Special Development District No. 17, Rams-Hom Lodge Condominlums, shall be as indlcated on the Rams-Hom Lodge Condominiums Approved Development Plan, described in Section 2 herein. D.Height. The maximum allowable 6uilding height for Speclal Development District No. 17 Rams-HOm Lodge Condominiums shall be fiily-six feet (56') and as indicatad on the Rams-Hom Lodge Condominiums Approved Developmenl Plan, described in Section 2 herein. E.Densiry ControlThe maximum allowable Gross Residential Floor Area (GRFA) lor Spacial Development Disirict No. 17, Fams-HOrn Lodge Condominwms shall be 44 040 square feet. pursuant to Section 12-7-8, Densiry Conirol, Vad Town Cotle~, and the mazimum al. lowable densiry shall be sixteen (16) dwelhng unlts, iwenry-lour (24) atlached accommodation units, and one (1) Type III Employee Housing Unrt, and as indicated on ihe Fams-Hom Lodge Condominiums Approvetl Development Plan. dated November 26, 2007. F Site Coverage. The maximum allowable site coverage shall be ihirty-Iwo percem (32 i) o( ihe lotal lot area, 0 10,723 square feet, antl as indicated on the Rams-HOm Lodge Condominium Approvetl Development Plan, tlescribed in Section 2 herein. G.Landscaping and Site Development At least thiny percent (30%) or 10,062 square feet of the total lot area shall 6e landscaped. In no Instance shall the hardscaped areas of ihe development srte exceed twenty percent (20 of the minimum landscaped area. The landscaping and site development shall be as indlcated on lhe Rams-HOm Lodge Condominiums Approved Development Plan, described in Section 2 herein. H.Parking antl Loading: The minimum number of oH-street parking spaces shall be thirlyn (37) and the minimum number of loading and delrvery bays shall be one (1). and as indicated on the Rams-Hom Lodge Condominium Approvad Development Plan, descrbed m Section 2 herein. Soetion 4.Conditions of Approval The following conditions ol approval shall become parl of the Townis approval of the esta6lishment of Special Development District N. 17, Rams-HOm Lodge Condominiums. The Devaloper shall address the following conditions of approval pridr to submitt'ing a building permlt application (grading permiUexcavation permit shall constltute a bullding permit): 1.The Developer shall submit a final enerior bullding materials Ilst, ryplcal wall sect'ions, archltectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submitting a building permrt application to the Town of Vail Community Development Dapartment. 2.The Developer shall submit a roohop meclanical equipment plan for review and approval6y the Design Review Board prior to submining a bullding permit appllcatlon to the Town of Vail Community Development Department. All rooftop mechanlcal equlpment shall be ncorporatad into ihe overall deslyn of the hotel antl enclosed and vlsually screened irom public view. 3.The Developer shall submit a Construction Staging plan tor Town review and approval prior to, or concurcent with, submittal of a buildinq permit applicatlon to the Town of Vail Communiry Davelopment Department. The plan will satisfacrorily demonstrate compliance ith any and all staging and access requirements pursuant to Title 14, Development Standards. Vail Town Code. 4.The Developer shall provide detailed clvil plans, pro(des. details, limits of disturbance and construction fence for review and civil approval by the Department ol Pu611c Works pnor to submitlal of a bullding permit. S.The Developer shall submit a wrttten letler ot approval from the utiliry companies permittin9 e croachments into any and all platted utllity easements prior to submittin9 a 6uilding permk application to the Communiry Development Department. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certiflcate ol occupanRcy, or a final certif'icate of occupancy'. i.The Dereloper shell pay in full. the employee mitiqation housing fee in Ileu, In ihe amounl of $111,462 prior to the issuance oi the building permil for ams-Hom Lodge Contlominiums. 2.The Developer shall provide a 5 foot-wide, non-heated concrete pedestrian walkway alon9 the east side of Vail Valley Dnve, commencing approzimately at ihe point at which the 8,185' contour elevation mark intarsecis wilh ihe enistin9 pedestrian walkway, accord,ng to ihe topographic survey map for Lot A, Blak 3, Vail V~Ilage Sih FJing and part ot Trac[ F-1 Vail Vlllage Sth Filing, created by Intermountain E gneenng, datedtorMay 4, 2005, antl as shown on sheet A100 Vicinny Map. on plans by Fnizlen Pierce Architects, dated November 26. 2007, and e~tending northward across that porlion of vacaled Hanson Ranch Road adjacent to and to the norlh of Lot A, Block 3, Vail V,Ilage 5th F~iling, a total distance oi approximately eighty (80') feet. (All work related to providing ihese improvements including sireet lights, retaining walls. ueliry relocation, curb antl gutter tlrainage and landscaping shall be'induded within a plan, which is to be su6mitted for review antl approval by ihe Town and the Design Review Boartl prior to submittel of a 6uiltling permit). 3.The Developer shall submit a tree protection plan prepared hy a Certifled Consulting Ar6orist ro the Design Review Board for revlew and approval prior to final approval by the Board of the proposed project. Upon acceptance ot the hee protection by the Design Review Board, the Developer shall submit a written agreement hetween the applicants and their contractor, to ihe Town oi Vail Community Development, stating that all mitigatlon measures recommended by the Certified Consulting Arborist will be implemented and stnctly adhered to by the appllcams and their contractore throughout the duration of the construction process. The written ayreement shall be approved a n d accepted prior to the issuance of a 6u~ilding permit for this project. 4.The Developer shall address any and all written final comments of the Town of Vail Public Works Depanment outlined in the memorandum to Scot Hunn, dated Novamber 19. 2007, prior ro the Issuance of a buildiny permit lor this proje S.The Developer shall provide deed-restricted housing that complies with ihe Town o( Vail Employee Housing requirements (Chapter 12-13) for a minimum ot one (1 ' employee on the Rams-HOm Lodge Condominiums developmentct s'i.te, and that said deed-restrmted mployee housing shall 6e made available tor occupancy, and that the deed resirictions shall be recorded with the Eagle County Clerk 8 Recorder, prior to issuance oi a Temporary Certificate of Occupancy for the Rams-Hom Lodge Contlominiums. The required Type III deed-restricted employee housing unit shall not be eligible for resale and the unit shall be owned and opereted by the Lotlge and said ownership shall transfer with the deetl to the Lodge propeny. 6.The Developer shall submit a comprehensive sign proqram proposal for the Rams-Hom Lodge Condominlums tor review and approval 6y ihe Oesign Review BoarC, prior to the issuance of a Temporary Certificate of Occupancy for the project. 7.The Developer shall post a bond to p ovide linancial securlty tor the 150 % of the total cost of the d oR-slte publlc Improvements. The bond shall be In place with the Town pnor ro the issuance ot a Temporary Certificate of Occupa y for the project. B.The Developer shall prepare and suhmit ell aPplicable roadway and drainage easements for dedrequireication to the Town for review and approval by the Town Attorney. All easements shall be racorded with the Eagle Counry Clerk and Recorderis Offlce prior to issuance of a Temporary Cetlihcata of Occupancy for the project. 9.The Developer shall prepare a Rams-Hom Lodge Condom'n'u s Art ' Publ'c Places Plan, for Input and comment by Ihe Town of Vail Art In Puhlic Places Board, prior to the raquast tor a TemporaryCertiflcate of Occupancy. Sub ect to the above input and commen the Art in Publ'~c Places Board, the Applicant will work with Town Staff to determine the type antl location of Ihe art to be provided. Sald Plan shall include the funding for a minimum of two separate public art improvements to be developed in conjunction with the Rams- Nom Ladge Condominium project. tO.The Developer shall be assessed an impact }ee of $6,500 for ihe nei increase In p.m. traffic generalion as determined by tha Town of Vail Public Works Department, as outhned In the memorantlum irom the Town ot Vail Public Works Department. atldressed to Scot Hunn end deted November 19, 2007 (atlachment D of the Novem6er 26. 2007 emorandum to the Town oi Vail Planning and Envlronmental Commiss). Said impaci fee shall be paid in full prior to'issuance ot a Temporary Certificate of Occupancy tor the pro~ect 11.That the Developer shall commence initlal consiruction ol the Rams-Hom Lodga Condominlums within Ihree (3) years from ihe timep of its final approval at second reading of ihe ordinance amending and re -esta6lishin9 Special ~evelopment Distnct No. 17, and contin- e dlligenty toward the completion of the project. If ~he Developer does not begm and dlllgently work toward Ihe completion of ihe secial davelopment distnct or any stage of ihe special davelopment district within the time limits imposetl, ihe approval oi sald speclal development dlsirict shall be void. The Planning and Envlronmental Commission and Town Council shall review the special developmenf dislrict upon submlttal of an application to reestablish ihe special developmenl dlstrict following the procedures outlined in Section 12-9A4 , Vail Town Code. Seclion 5. If any part, section, subsection, sentence. clause or phrase of thls ordinance is for any reason held to be invalitl, such declsion shall not efiect ihe validity of the remaining portions of thls ordinance; antl the Vail Town Councll hereby declares it would have passed ihis ordinance, and each parl, section. subsection, sentence. clause or phrase thereof. regardless of the fact that any one or more parts, sections su6sechons sentances, clauses or phrases ba tleclared invalid. Section 6.The Vail Town Council herehy finds, determines and declares that lhis ordinance is necessary and proper for the heatlh, safery and walfare of the iown of Vail and the Inhabitants thereof. The Council's finding, determination and declaration is 6ased upon the ew ol the critena prescribed by the Town Code of Vail and ihe evidence and testimony presented In conslderation of thls s ordinance. Section 7.The amendment of any prov' ion of the Town Code ol Vail as provided in this ordlnance shall not af}ect any right which has accrued, any dury Impos d, any violatlon that occurred prior to ihe ellective tlale hereof, any prosecution commenced. nor any other action or proceeding as commenced under or by vlnue of ihe provision amended. The amendment of any provlsion here6y shall not revlve any provision or any ordinance previousty repealed or superseded unless ezpressly stated herein. Seelion B.AII bylaws, orders, resolutions and ordinances, or paris Ihereol.'inconsistent herewith are repealed to ihe extent only oi such inconsislency. This repealer shall not be construed to revise any bylaw, order, resolutlon or ordinance, or part [hereof, theretolore repealed. INTRODUCED. READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING th'is 18th day of December, 2007 and a public hearinq for second reatling oi ihls Ordinance set for the Bth day of January , 2008, in the Counctl Chambers of the Vail Munlcipal Building, Vail, Colorado, Richard D. Cleveland, Mayor ATTEST Lorelei Donaldson, Town Clerk ' Published In the Vail Daily December 22, 2007. (995751) O.NLINE ANYTIME.' 1 Place your classified ad at anytime dayor night, at YOUR convenience.