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Home My WebLink About2016-35 Establishing Special Development District No. 41 Marriot Residence InnORDINANCE NO. 35 SERIES OF 2016 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41, MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDI)) 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 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 Ordinance No. 35, Series of 2016 2 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 AR -3 Rendering — Proposed Design AR -3s Rendering — Proposed Design — Section AR -4 Rendering — Proposed Design AR -5 Rendering — Proposed Design L1.1 Landscape Pian 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 — SpringNernal 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 Pian 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 iPlan 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 Ordinance No. 35, Series of 2016 3 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. 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 Ordinance No. 35, Series of 2016 4 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: 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 Toss 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; Ordinance No. 35, Series of 2016 5 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; 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 Ordinance No. 35, Series of 2016 6 A PI 17. Prior to the ' of'a certificate of occupancy, the Developer shall coordinate I hitt tib''ic Places (AIPP) contributions with the Town of Vail Pu lic k Department AIPP Coordinator. Section 5. Timin The Developer shall co4once initial construction of the Marriott Residence Inn improvements within thre a) 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. 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 17th 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 Bui ding, Vail, Colorado. ATTEST: lave Cha • in, a or REAS i ► , PROVED ON SECOND READING AND O' DE D PUBLISHED this 21st day of February, 2017. 1, Chapin, Mayo Ordinance No. 35, Series of 2016 7 ATTEST: Ordinance No. 35, Series of 2016 8