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HomeMy WebLinkAbout2022-04PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2022, First Reading, on the Town of Vail's web site, www.vailaov.com, on the 22nd day of July 2022. Witness my hand and seal this 22nd day of July 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly -noticed public hearing to consider the Application, and WHEREAS, at a properly -noticed public hearing on July 19, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; C. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 1 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX e. The proposed amendments to SDD 36 promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethro irrh): Section 4. Development Standards — Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of -Vail, dated August 8, 2005, and the plans provided by Braun Associates, dated July, 2017 and the 2022 Floor Plan Exhibit: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan C. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140', 142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') M. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations S. A-5.0.3 Elevations t. A-8.0.1 Site Plan North U. A-8.0.2 Site Plan South V. A-9.0.1 Landscape Plan North W. A-9.0.2 Landscape Plan South X. A-10.0.1 Building Height Calculations —Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations —Maximum Height/Interpolated Contours Z. A-10.0.3 Building Height Calculations at Proposed Grades 2 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off -site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1 — Existing and Proposed Condition jj. Level 2 — Existing and Proposed Condition kk. Level 3 — Existing and Proposed Condition II. Level 4 — Existing and Proposed Condition mm. Level 5 — Existing and Proposed Condition nn. Level 6 — Existing and Proposed Condition oo. Level 7 — Existing and Proposed Condition pp. Level 8 — Existing and Proposed Condition qq. Level 9 — Existing and Proposed Condition rr. Level 10 — Existing and Proposed Condition ss. Level 1 and Level 2 — Existing Parking tt. Level 1 and Level 2 — Proposed Parking uu. 2022 Floor Plan Exhibit Density — Units per Acre — Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units — 28 32 Accommodation Units — 4-39 123 Fractional Fee Club Units — 6 Type III Employee Housing Units — 28 as of the date of this Ordinance, 28 Tvpe III Emolovee Housinq Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units — 15 Density — Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA — 177,609 square feet Retail — 2,386 square feet 3 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities — 11,139 square feet Health Club and Spa — 18,577 square feet Setbacks — Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height — The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage — The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71 %). Landscaping — The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading — The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of -Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Aqreements for Special Development District No. 36, Four Seasons Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 4 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 1. That the developer shall provide deed -restricted housing that complies with the Town of -Van! Employee Housing requirements (Chapter 12-13) for a minimum of 56 24 employees on the Four Seasons Resort site (subiect to the conversion provisions of Section 5, Item 29 of this Ordinance), 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 Four Seasons Resort. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off -site emplovee housing in replacement of on -site emplovee housing. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 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 building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 5 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That 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. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 6 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That 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. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. 7 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. C. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. I. Show edge of existing pavement for Frontage road on civil plans and show match point. M. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, 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. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 8 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Van! deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two -bedrooms and 788 square feet, located within the Town of Vail. This requirement has oreviousIv been satisfied and shall not apply to conversion of on -site emplovee housinq to off -site emplovee housinq as provided in Section 5, Item 29 of this Ordinance. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vaif a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. This requirement has previously been satisfied and shall not annly to conversion of on -site emplovee housing to off -site emplovee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the riqht and option, but not the obligation, to convert un to 16 of the on -site dormitory room EHUs to Accommodation Units by renlacinq on -site EHUs with off -site EHUs. Prior to and as a condition of issuance of a buildinq permit for the conversion of anv of the existing dormitory rooms, the applicant shall record with the Eagle Countv Clerk and Recorder an emplovee housing deed restriction, in a form approved by the Town, corresoondinq to the square footages in Table 23-2 for each emplovee. Each dormitory room repurposed equates to two emplovees for the purposes of mitigation. All emplovees required to be mitiqated as a result of conversion of dormitory rooms shall be mitigated by recording deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert anv dormitory room, and a conversion of dormitory rooms shall not require anv future or further conversion of dormitory rooms. 30. As additional public benefit provided by applicant for the approval of this Ordinance, the applicant shall: a. Contribute the amount of $2, 040, 000.00 to the Town's emplovee housing fund; and b. Provide new deed restrictions for 15.75 emplovees on seven residential units located in the Vail Dailv Buildinq in Eagle Vail (located at 40780 US Hiqhwav 6); provided, however, that in the event that the owner of the Vail Dailv Buildinq fails to convey the deed restrictions in violation of applicant's contract to acquire them, then applicant shall be entitled to satisfv this requirement by contribution of $600, 000.00 additional funds to the Town's emplovee housing fund; 9 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Section 3. 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 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 4. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. 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 6. 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 19t" day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2,d day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. Kim Langmaid, Mayor ATTEST: 10 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Tammy Nagel, Town Clerk 11 7/24/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 4t" day of August 2022. Witness my hand and seal this 4t" day of August 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, EX VAIL L L C , EXTELL (the "Applicant") owns the real property moreparticularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on December 9, 2021, the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly -noticed public hearing to consider the Application, and WHEREAS, at a properly -noticed public hearing on July 19, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; C. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 1 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX e. The proposed amendments to SDD 36 promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethre urrh): Section 4. Development Standards — Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005, and the plans provided by Braun Associates, dated July, 2017 and the 2022 Floor Plan Exhibit: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan C. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140', 142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') M. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') P. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations S. A-5.0.3 Elevations t. A-8.0.1 Site Plan North U. A-8.0.2 Site Plan South V. A-9.0.1 Landscape Plan North W. A-9.0.2 Landscape Plan South X. A-10.0.1 Building Height Calculations —Absolute Height/Interpolated Contours Y. A-10.0.2 Building Height Calculations —Maximum Height/Interpolated Contours FA 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off -site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1 — Existing and Proposed Condition J. Level 2 — Existing and Proposed Condition kk. Level 3 — Existing and Proposed Condition ll. Level 4 — Existing and Proposed Condition mm. Level 5 — Existing and Proposed Condition nn. Level 6 — Existing and Proposed Condition oo. Level 7 — Existing and Proposed Condition pp. Level 8 — Existing and Proposed Condition qq. Level 9 — Existing and Proposed Condition rr. Level 10 — Existing and Proposed Condition ss. Level 1 and Level 2 — Existing Parking tt. Level 1 and Level 2 — Proposed Parking uu. 2022 Floor Plan Exhibit Density — Units per Acre — Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units — 28 32 Accommodation Units —430 123 Fractional Fee Club Units — 6 Type III Employee Housing Units — 2-8 as of the date of this Ordinance, 28 Twe III Emolovee Housing Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units — 15 Density — Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specificallv: GRFA—177,609 square feet 1 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Retail — 2,386 square feet Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities — 11,139 square feet Health Club and Spa—18,577 square feet Setbacks — Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height — The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage — The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71 %). Landscaping — The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading — The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town oil. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: n 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 1. That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of -% 24 employees on the Four Seasons Resort site (subiect to the conversion provisions of Section 5, Item 29 of this Ordinance), 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 Four Seasons Resort. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off -site emplovee housing in replacement of on -site emplovee housing. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 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 building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 5 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That 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. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That 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. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: FA 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. C. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. I. Show edge of existing pavement for Frontage road on civil plans and show match point. M. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. P. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, 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. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Va+4 approval of an associated design review board application for all exterior changes to the property. 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two -bedrooms and 788 square feet, located within the Town of Va+4. This requirement has previously been satisfied and shall not apply to conversion of on -site emplovee housinq to off -site emplovee housinq as provided in Section 5, Item 29 of this Ordinance. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of-Vaif a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. This requirement has previously been satisfied and shall not aonly to conversion of on -site emplovee housinq to off -site emplovee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the riqht and option, but not the obligation, to convert up to 16 of the on -site dormitory room EHUs to Accommodation Units by renlacinq on -site EHUs with off -site EHUs. Prior to and as a condition of issuance of a building permit for the conversion of any of the existinq dormitory rooms, the applicant shall record with the Eagle Countv Clerk and Recorder an emplovee housing deed restriction, in a form approved by the Town, corresponding to the square footages in Table 23-2 for each emplovee. Each dormitory room repurposed equates to two emplovees for the purposes of mitigation. All emplovees required to be mitigated as a result of conversion of dormitory rooms shall be mitigated by recordinq deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert anv dormitory room, and a conversion of dormitory rooms shall not require anv future or further conversion of dormitory rooms. 30. As additional public benefit provided by applicant for the approval of this Ordinance, the applicant shall: a. Contribute the amount of $2, 040, 000.00 to the Town's emplovee housing fund: and b. Provide new deed restrictions for 15.75 emplovees on seven residential units located in the Vail Dailv Buildinq in Eagle Vail (located at 40780 US Hiqhwav 6), provided, however, that in the event that the owner of the Vail Dailv Buildinq fails to convev the deed restrictions in violation of 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX applicant's contract to acquire them, then applicant shall be entitled to satisfv this requirement by contribution of $600, 000.00 additional funds to the Town's emplovee housing fund, Section 3. 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 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 4. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. 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 6. 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 19t" day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. 10 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX ATTEST: Tammy Nagel, Town Clerk 11 Kim Langmaid, Mayor 7/26/2022 HTTPS:/NAILCOGOV. SHAREPOINT. COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES1221ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX