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HomeMy WebLinkAbout2016-35PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 35 Series of 2016, on the Town of Vail's web site, www.vailqov.com, on the 19t" day of January, 20167. Witness my hand and seal this 19t" day January, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 35 SERIES OF 2016 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41, MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Regulations, Chapter 9, Article A, Special Development (SDD) District, Vail Town Code outlines the procedure for establishing special development districts; and WHEREAS, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group, has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 41, Marriott Residence Inn, to facilitate the development of a limited service lodge, deed restricted employee housing units, and a conditional use permit for public or commercial parking facilities or structures; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on November 28, 2016, on the application to establish Special Development District No. 41, Marriott Residence Inn, in accordance with the provisions of the Vail Town Code; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval, with conditions, by a vote of 5-2-0 of this request to establish Special Development District No. 41, Marriott Residence Inn, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to establish Special Development District No. 41, Marriott Residence Inn, complies with the nine design criteria prescribed in Title 12, Zoning Regulations, 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 Special Development District No. 41, Marriott Residence Inn, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 35, Series of 2016, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 41, Marriott Residence Inn, is established for development on four (4) parcels of land, legally described as Lots 9, 10, 11, and 12, Buffehr Creek Resubdivision, which comprises a total of 86,597 square feet (1.98 acres) in the Public Accommodation-2 (PA-2) zone district in the Town of Vail. Said parcels may be referred to as "SDD No. 41 ". Special Development District No. 41 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 41, Marriott Residence Inn, shall be Public Accommodation-2 (PA-2) District. Section 2. Special Development District No. 41, Marriott Residence Inn, 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. 41, Marriott Residence Inn, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code. The Approved Development Plan for Special Development District No. 41, Marriott Residence Inn, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Vail Town Code and those plans prepared by Wright Heerema Architects, entitled "Proposed Residential Development", dated November 28, 2016, and stamped approved November 28, 2016, and as further described in Section 3 herein. Section 3. Special Development District No. 41, Marriott Residence Inn, Approved Development Plan Set The following plan sheets prepared by Wright Heerema Architects, entitled "Proposed Residential Development", dated November 28, 2016 and stamped approved November 28, 2016, shall constitute the Approved Development Plan set: Ordinance No. 35, Series of 2016 2 Sheet M Title: Untitled Cover Sheet A010 Proposed Site Plan A011 Proposed Site Plan W/ Contours A100 Floor Plan — Lower Level 2 A101 Floor Plan — Lower Level 1 A102 Floor Plan — Hotel 1st Floor / Apartments LL-1 Parking A103 Floor Plan — Hotel 2r'd Floor / Apartments 1st Floor A104 Floor Plan — Hotel 3rd Floor / Apartments 2nd Floor A105 Floor Plan — Hotel 4th Floor / Apartments 3rd Floor A106 Floor Plan — Hotel 5th Floor / Apartments 4th Floor A107 Floor Plan — Hotel Roof Deck / Apartments 5th Floor A108 Floor Plan — Hotel Roof Deck / Apartments 6th Floor A109 Floor Plan — Roof Plan A110 Enlarged Unit Plans — Hotel A111 Enlarged Unit Plans — Apartments A200 Elevations — Partial North and East A201 Elevations — Partial North and East A202 Elevations — Partial North, Partial South, and West A301 Sections — Building Section North -South A302 Sections — Building Section North -South A303 Sections — Building Section East-West A304 Sections — Building Section East-West A305 Sections — Building Section North -South A401 Sections Along Frontage Road (00') A402 Sections Along Frontage Road (25') A403 Sections Along Frontage Road (50') A404 Sections Along Frontage Road (100') A405 Sections Along Frontage Road (150') A406 Sections Along Frontage Road (200') A407 Sections Along Frontage Road (250') A408 Sections Along Frontage Road (300') A409 Sections Along Frontage Road (400') AR -Oa Rendering — Previous Design AR-Ob Rendering — Revised Design AR-Oc Rendering — Proposed Design AR-Od Rendering — Design Progression AR-1 Rendering — Proposed Design AR-2 Rendering — Proposed Design AR-2s Rendering — Proposed Design — Section AR-3 Rendering — Proposed Design AR-3s Rendering — Proposed Design — Section AR-4 Rendering — Proposed Design AR-4s Rendering — Proposed Design — Section AR-5 Rendering — Proposed Design AR-5s Rendering — Proposed Design — Section Ordinance No. 35, Series of 2016 3 Sheet #: Title: AR-6 Rendering — Proposed Design AR-6s Rendering — Proposed Design — Section AR-7 Rendering — Proposed Design AR-7s Rendering — Proposed Design — Section AR-8 Rendering — Proposed Design — Exterior Wall Profile ARI-01 Rendering — Apartment Kitchen / Living Room ARI-02 Rendering — Apartment Kitchen / Living Room ARI-03 Rendering — Apartment Kitchen / Living Room ARI-04 Rendering — Apartment Kitchen / Living Room ARI-05 Rendering — Apartment Bedroom ARI-06 Rendering — Apartment Bedroom C01.1 Cover Sheet C01.2 Cover Sheet CO3.1 Grading Plan —West CO3.2 Grading Plan CO3.3 Grading Plan — East C04.1 Driveway Profiles C05.1 Storm Sewer Plan C06.1 Utility Plan C07.1 Overall Frontage Road Improvements C07.2 Turning Movements C08.1 Construction Details C08.2 Construction Details C08.3 Utility Details C08.4 Shallow Details L1.1 Landscape Plan L1.2 Plant Legend Notes/Details M 1 Exterior Materials M2 Exterior Materials M3 Exterior Materials — South Elevation M4 Exterior Materials — South Elevation — A/B M5 Exterior Materials — South Elevation — C/D M6 Exterior Materials — South Elevation — A M7 Exterior Materials — South Elevation — C M8 Exterior Materials — Perspective — A/B/C/D/A M9 Exterior Materials — Perspective — A/B M9 Exterior Materials — Perspective — A/B/C M 10 Exterior Materials — Perspective — A/B/C/D/A Mil Exterior Materials — Perspective — A/B/C/D/A R1 a Historic Grade Diagram — 48' R1 b Historic Grade Diagram — 48' R2a Historic Grade Diagram — 50' R2b Historic Grade Diagram — 50' R3a Historic Grade Diagram — 52' Rib Historic Grade Diagram — 52' Ordinance No. 35, Series of 2016 4 Sheet #: Title: R4a Historic Grade Diagram — 54' R4b Historic Grade Diagram — 54' R5a Historic Grade Diagram — 56' R5b Historic Grade Diagram — 56' R6a Historic Grade Diagram — Previous Concept / New Concept R6b Historic Grade Diagram — Previous Concept / New Concept R7a Condo View Looking East R7b Condo View Looking East R8a Condo View Looking Southeast R8b Condo View Looking Southeast R9 Grade Elevation Plan R10a Shade — Sun Study — Winter Solstice — December 22 R10b Shade — Sun Study — Spring/Vernal Equinox — March 20 R11 Area Plan — Lower Level 2 R12 Area Plan — Lower Level 1 R13 Area Plan — Site Plan R14 Area Plan — Roof Plan R15 Detailed Area Plans R16 Lighting Plan S1 Structural Details Topographic Survey Sheets 1-4, prepared by Peak Land Consultants, Inc., dated 6/1/2016 Section 4. 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. 41, Marriott Residence Inn. The development standards for Special Development District No. 41, Marriott Residence Inn, are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 41, Marriott Residence Inn, shall be those uses listed in Title 12, Chapter 7, Article J, Public Accommodation-2 (PA-2) zone district, Vail Town Code, as may be amended from time to time. B. Lot Area: The minimum lot area for Special Development District No. 41, Marriott Residence Inn, shall be 86,597 square feet (1.98 acres). C. Setbacks: The minimum setbacks for Special Development District No. 41, Marriott Residence Inn, shall be as indicated on the Marriott Residence Inn Approved herein. Development Plan, described in Section 2 Ordinance No. 35, Series of 2016 5 D. Height: The maximum allowable building height for Special Development District No. 41, Marriott Residence Inn, shall be 59.7 feet, as indicated on the Marriott Residence Inn Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable gross residential floor area (GRFA) for Special Development District No. 41, Marriott Residence Inn, shall be as indicated on the Marriott Residence Inn Approved Development Plan and the maximum allowable unit count shall be 170 limited service lodge units (LSLUs), 107 Type -III deed -restricted employee housing units (EHUs), and six (6) unrestricted rental dwelling units, as indicated on the Marriott Residence Inn Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety- five percent (95%) or 81,834 square feet of the total lot area, and as indicated on the Marriott Residence Inn Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three -hundred (300) square feet. The landscaping plan and site development shall be as indicated on the Marriott Residence Inn Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be two (2) as indicated on the Marriott Residence Inn Approved Development Plan, described in Section 2 herein. Section 5. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 41, Marriott Residence Inn: Approval of Special Development District No. 41, Marriott Residence Inn, is contingent upon the applicant obtaining Town of Vail approval of an associated design review application; Ordinance No. 35, Series of 2016 6 2. The applicant shall obtain Leadership in Energy and Environmental Design (LEED) certification for the structure within one (1) year of issuance of the first Certificate of Occupancy. Failure to obtain the certification within the identified time -frame will necessitate a return to the Planning and Environmental Commission and/or Town Council for an evaluation of a suitable, replacement public benefit; 3. Prior to submitting any building permit application, the applicant shall identify the six (6) unrestricted, rental dwelling units and provide documentation that the units shall have the right -of -use to the lodge's service and facilities under the same rules and regulations as the lodge guests; 4. Prior to submitting any building permit application, the applicant shall submit revised plans relocating the proposed retaining walls at least two feet (2') from adjacent property lines; 5. Should the Colorado Department of Transportation (CDOT) not approve the proposed landscaping in the North Frontage Road right-of- way, the applicant shall submit a revised landscape plan, for review and approval, prior to submitting any building permit application, subject to Design Review; 6. Prior to submitting any building permit application, the applicant shall submit revised plans that clearly illustrate signage and striping of the fire staging area; 7. Prior to submitting any building permit application, the applicant shall submit revised plans that illustrate the continuation of the proposed sidewalk to the intersection with Buffehr Creek Road; 8. Prior to submitting any building permit application, the applicant shall submit approval from CDOT related to all proposed work within the CDOT right -of way; 9. The applicant shall mitigate system wide pedestrian and traffic impacts through the payment of a Transportation Impact Fee that shall not be offset by the project level improvements. This payment shall be made prior to requesting any Certificate of Occupancy for the project. The fee shall be determined through the ongoing update and codification to the Impact Fee as approved by the Town Council. In the event that the updated fee is not adopted by the Town Council prior to July 1, 2017, the applicant shall provide a payment, prior to requesting any Certificate of Occupancy, based upon net new PM Peak Hour vehicle Ordinance No. 35, Series of 2016 7 trips generated by the development. The amount per trip shall be assessed at the established rate as of July 1, 2017; and 10. Prior to submitting any building permit application, the applicant shall provide roadway and snow storage easements for the portion of Meadow Ridge Road that encroaches onto the subject property in a format acceptable to the Town's Attorney. Section 6. The Developer shall commence initial construction of the Marriott Residence Inn improvements within three (3) years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 41, Marriott Residence Inn, and continue diligently 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 review the 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 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 by declared invalid. Section 8. 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 are based upon the review of the criteria prescribed by the Vail Town Code and the evidence and testimony presented in consideration of this ordinance. Section 9. The amendment of any provision of the Vail 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 Ordinance No. 35, Series of 2016 $ not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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 17t" day of January, 2017 and a public hearing for second reading of this Ordinance set for the 21st day of February, 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 35, Series of 2016 9 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 35 Series of 2016, on the Town of Vail's web site, www.vailaov.com, on the 22nd day of February, 2017. Witness my hand and seal this 22nd day February, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 35 SERIES OF 2016 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41, MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Title 12, Zoning Regulations, Chapter 9, Article A, Special Development (SDD) District, Vail Town Code outlines the procedure for establishing special development districts; and WHEREAS, Vail Hotel Owner ESHV, LLC (the "Developer"), represented by Mauriello Planning Group, has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 41, Marriott Residence Inn, for the development of a limited service lodge, deed restricted employee housing units, and a conditional use permit for public parking facilities (the "Application"); and WHEREAS, on November 28, 2016 the Planning and Environmental Commission of the Town of Vail held a public hearing on the Application, in accordance with the provisions of the Vail Town Code; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the Application complies with the design criteria prescribed in Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail, on November 28, 2016 forwarded its recommendation of approval, with conditions, by a vote of 5-2-0 of the Application to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the Application complies with the nine design criteria prescribed in Title 12, Zoning Regulations, Vail Town Code; and that the Developer 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 Special Development District No. 41, Marriott Residence Inn, and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices required by the Vail Town Code have been posted and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 35, Series of 2016, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 41, Marriott Residence Inn, is established for development on four (4) parcels of land, legally described as Lots 9, 10, 11, and 12, Buffehr Creek Resubdivision, which comprises a total of approximately 86,684.4 square feet (1.99 acres). Said parcels may be referred to as "SDD No. 41". Special Development District No. 41 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 41, Marriott Residence Inn, shall be Public Accommodation-2 (PA-2) 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 following plan sheets prepared by Wright Heerema Architects, entitled "Proposed Residential Development", dated January 31, 2017 and stamped approved February 21, 2017, shall constitute the Approved Development Plan for Special Development District No. 41, Marriott Residence Inn: Sheet #: Title: Untitled Cover Sheet A010 Proposed Site Plan A011 Proposed Site Plan W/ Contours A100 Floor Plan — Lower Level 2 A101 Floor Plan — Lower Level 1 A102 Floor Plan — Hotel 1st Floor / Apartments mezzanine A103 Floor Plan — Hotel 2nd Floor / Apartments 1 st Floor A104 Floor Plan — Hotel 3rd Floor / Apartments 2nd Floor A105 Floor Plan — Hotel 4t" Floor / Apartments 3rd Floor A106 Floor Plan — Hotel 5t" Floor / Apartments 4t" Floor A107 Floor Plan — Hotel Roof Deck / Apartments 5t" Floor A108 Floor Plan — Hotel Roof Deck / Apartments 6t" Floor A109 Floor Plan — Roof Plan A110 Enlarged Unit Plans — Hotel A111 Enlarged Unit Plans — Apartments A200 Elevations — Partial North and East A201 Elevations — Partial North and East Sheet #: Title: A202 Elevations — Partial North, Partial South, and West A301 Sections — Building Section North -South AR-1 Rendering — Proposed Design AR-2 Rendering — Proposed Design Ordinance No. 35. Series of 2016 2 AR-3 Rendering — Proposed Design AR-3s Rendering — Proposed Design — Section AR-4 Rendering — Proposed Design AR-5 Rendering — Proposed Design L1.1 Landscape Plan L1.2 Plant Legend Notes/Details M1 Exterior Materials M2 Exterior Materials M3 Exterior Materials — South Elevation M4 Exterior Materials — South Elevation — A/B M5 Exterior Materials — South Elevation — C/D M6 Exterior Materials — South Elevation — A M7 Exterior Materials — South Elevation — C M8 Exterior Materials — Perspective — A/B/C/D/A Untitled Historic Grade Diagram — 48' — Blue Tent R1 Historic Grade Diagram R2 Historic Grade Diagram R7 Grade Elevation Plan R8 Shade — Sun Study — Winter Solstice — December 22 R9 Shade — Sun Study — Spring/Vernal Equinox — March 20 R10 Area Plan — Site Plan R10 Area Plan — Roof Plan R12 Detailed Area Plans R13 Lighting Plan S1 Structural Details L1.1 Landscape Plan by macDesign L1.2 Landscape Plan by macDesign C01.1 Cover Sheet C01.2 Cover Sheet CO3.1 Grading Plan —West CO3.2 Grading Plan CO3.3 Grading Plan — East C04.1 Driveway Profiles C05.1 Storm Sewer Plan C06.1 Utility Plan C07.1 Overall Frontage Road Improvements C08.1 Construction Details C08.2 Construction Details C08.3 Utility Details C08.4 Shallow Details Sheet #: Title: Topographic Survey Sheets 1-4, prepared by Peak Land Consultants, Inc., dated 6/1/2016 The Vail Town Council finds that the Approved Development Plan complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code. Ordinance No. 35. Series of 2016 3 Section 3. Development Standards 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. 41, Marriott Residence Inn. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses shall be those uses, as indicated on the Approved Development Plan B. Lot Area: The minimum lot area shall be 86,684.4 square feet (1.99 acres). C. Setbacks: The minimum setbacks shall be as indicated on the Approved Development Plan. D. Height: The maximum allowable building height shall be as indicated on the Approved Development Plan. E. Density Control: The maximum allowable gross residential floor area (GRFA) shall be as indicated on the Approved Development Plan, and the maximum allowable unit count shall be: 170 limited service lodge units (LSLUs); 96 deed -restricted (Type III per Code) employee housing units (EHUs); and six (6) non -deed restricted dwelling units but which shall not be individually sold or otherwise sold separately from the limited service lodge, as indicated on the Approved Development Plan. The six (6) non - deed restricted dwelling units may be rented at the discretion of the owner. F. Site Coverage: The maximum allowable site coverage shall be as indicated on the Approved Development Plan. G. Landscaping and Site Development: The landscaping plan and site development shall be as indicated on the Approved Development Plan. H. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area except as shown on the Approved Development Plan. The minimum number of loading berths shall be as indicated on the Approved Development Plan. Section 4. Conditions of Approval The approval of Special Development District No. 41, Marriott Residence Inn is expressly contingent upon satisfaction of each the following conditions: Ordinance No. 35. Series of 2016 4 1. The Developer shall obtain approval of the Design Review Board of an associated design review application; 2. The Developer shall obtain Leadership in Energy and Environmental Design (LEED) certification for the building within one (1) year of issuance of the first Certificate of Occupancy. Failure to obtain LEED certification will necessitate a return to the Planning and Environmental Commission and the Town Council for an evaluation of a suitable, replacement public benefit to offset the loss of the public benefit from the failure to obtain the LEED certification; 3. The occupants of the six (6) non -deed restricted dwelling units shall have the right to use the services and facilities of the lodge under the same rules and regulations as the lodge guests; 4. Should the Colorado Department of Transportation (CDOT) not approve the proposed landscaping in the North Frontage Road right-of-way, the Developer shall submit a revised landscape plan, for review and approval, prior to submitting any building permit application; 5. Prior to submitting any building permit application, the Developer shall submit a revised plan that clearly illustrates signage and striping of the fire staging area; 6. Prior to submitting any building permit application, the Developer shall submit revised plans that illustrate the continuation of the sidewalk to the intersection with Buffehr Creek Road in accordance with the recommendations of the 2009 Vail Transportation Master Plan; 7. Prior to submitting any building permit application, the Developer shall obtain approval from CDOT related to all proposed work within the CDOT right -of way; 8. Prior to submitting any building permit application, the Developer shall provide roadway and snow storage easements for the portion of Meadow Ridge Road that encroaches onto SDD No. 41 in a format acceptable to the Town's Attorney; 9. The Developer shall record deed restrictions against at least fourteen (14) of the dwelling units prior to obtaining any Certificate of Occupancy for the lodge; 10. Prior to the submitting any building application, the Town of Vail and the Developer shall enter into a Development Agreement to document provisions related to off -site public improvements, easements, employee housing deed restrictions, timing and payment of fees, property tax abatement for deed -restricted units, and similar provisions; Ordinance No. 35, Series of 2016 5 11. The Developer shall provide for dog -walk areas on the green roof as more particularly described in the Development Agreement; 12. The Developer shall provide private shuttle van service for use by lodge guests and tenants of the property to retail core areas of the Town, as more particularly described in the Development Agreement; 13. The Developer shall provide for access to the hotel fitness and pool areas within the building, subject to a membership fee, for those owning property located on Meadow Ridge Road or within the Grand Traverse subdivision subject to rules and regulations adopted by the operator, as more particularly described in the Development Agreement; 14. The lodge shall limit the total number of limited service lodge units allowing dogs to 10 units. A maximum of 50% of the total 102 dwellings (96 deed restricted employee housing units and 6 non -deed restricted dwelling units) may allow dogs, and only one dog shall be allowed in those units allowing a dog; 15.A second left turn lane shall be funded by the applicant as a reimbursement to the Town, if CDOT access code requires the improvement and the Town of Vail installs the left turn lane within eight (8) years of the approval of this ordinance. The funding by the applicant shall occur within one (1) year of the second turn lane being installed; 16. The Developer shall record deed restrictions against ninety-six (96) dwelling units in SDD No. 41, prior to the issuance of any certificate of occupancy; and 17. Prior to the issuance of a certificate of occupancy, the Developer shall coordinate all Art in Public Places (AIPP) contributions with the Town of Vail Public Works Department AIPP Coordinator. Section 5. Timing. The Developer shall commence initial construction of the Marriott Residence Inn improvements within three (3) years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 41, Marriott Residence Inn, and continue diligently 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 the Approved Development Plan shall be void. The Planning and Environmental Commission and Town Council shall review the new proposed approved development plan upon submittal of an application following the procedures outlined in Section 12-9A-4, Vail Town Code. Section 6. Public Health, Safety and Welfare. Ordinance No. 35, Series of 2016 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 are based upon the review of the criteria prescribed by the Vail Town Code and the evidence and testimony presented in consideration of this ordinance. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17t"day of January, 2017 and a public hearing for second reading of this Ordinance set for the 21 st day of February, 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of February, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 35. Series of 2016 7