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Home My WebLink About2010- 07 Special Development District 37 Tivoli Lodge, Meeting Space Conversion Attachment A ORDINANCE NO.7 SERIES OF 2010 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 12, SERIES OF 2003, AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5 FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and 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 Ordinance No. 12, Series of 2003, to amend the Approved Development Plan and density control requirements, to allow for the conversion of meeting space to an additional accommodation unit; 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, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on April 26, 2010 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 6 -0 -0; and WHEREAS, all notices as required by the Town of Vail Municipal 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 Special Development District No. 37, Tivoli Lodge. Ordinance No. 7, Series of 2010 1 4 Attachment A NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 12, Series of 2003, is hereby repealed and re- enacted by Ordinance No. 7, Series of 2010. Section 2. Amendment Procedures Fulfilled, Planning Commission Report t' The approval procedures described in Article 12 -9A of the Vail Town Code have 3 been fulfilled, and the Town Council has received the recommendations of the { Planning and Environmental Commission for an amendment to the Development Plan and density control requirements for Special Development District No. 37, Tivoli Lodge. Section 3. Ordinance No. 12, Series of 2003 is hereby repealed and re- enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5'h Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37 ". Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5'h Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). f Section 2. 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. 37, Tivoli Lodge, 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 Ordinance No. 7, Series of 2010 2 i Attachment A for Special Development District No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003." Amendments made by Ordinance No. 7, Series of 2010 are outlined in the plan prepared by Reslock and Sullivan, LLC entitled "Tivoli Lodge Page A2.0 dated as revised on Feburary 8, 2010 „ which are shown in Exhibit A of Ordinance No. 7, Series of 2010. 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 t Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, 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. 37, Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein.' D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty -two (62) accommodation units, and one (1) Type III E Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Ordinance No. 7, Series of 2010 3 a Attachment A Development Plan, dated May 15, 2003. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty -three percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312 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 Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off - street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides 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 Tivoli Lodge 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 Tivoli Lodge were met. The required deed - restricted employee housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010. Ordinance No. 7, Series of 2010 4 Attachment A Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12 -9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the Town of Vail Municipal Code. Should the addition proposed as part of the major amendment within Ordinance No. 7, Series of 2010 not commence within three years of the adoption of Ordinance No. 7, Series of 2010, Ordinance No. 7, Series of 2010 will be void, thus reinstating Ordinance No. 12, Series of 2003. Section 4. 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 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 5. 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 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 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. Ordinance No. 7, Series of 2010 5 Attachment A INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 day of May, 2010, and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. N Richard D. Cleveland, Mayor ;rel ".onaldson, ES a , 0 •• : • • ADO . Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18 day of May 2010. • Richard D. Clevelan , Mayor ATTE ••'••..�•••• orele Donaldson, Town Clerk ATTACHED: EXHIBIT A Ordinance No. 7, Series of 2010 6 O(1VSOlO3'llVA ONnu WJ-41-4 99"IA ]IVA 'Z "A19 101 91.S6-f4. MOO GEVM W',42WaaA 'Cr2l PDNVS NOGNVP 990 jnlsa 4noa z9,1 c? ? ;194M 110AU . . . ........... .. . ... ....... In tu > LU, �7- 2 10 1 0 2 Z�- : so < El I 1 4 II II 1 I it II II II I1 I I II II II II II II II li I I II ii 11 I II tl II II II I li II ----------- IN